Human Rights Legislation in Alberta and BC
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Questions and Answers

What is the name of the legislation in Alberta that is intended to protect citizens from governmental abuse of power?

  • Alberta Human Rights Act
  • Alberta Bill of Rights (correct)
  • Individual's Rights Protection Act
  • Human Rights, Citizenship and Multiculturalism Act

    • Which legislation in Alberta was initially focused on protecting visible minorities?

  • Individual's Rights Protection Act (correct)
  • Alberta Bill of Rights
  • Alberta Human Rights Act
  • Human Rights, Citizenship and Multiculturalism Act

    • Which legislation in Alberta was passed as primacy legislation?

  • Individual's Rights Protection Act (correct)
  • Alberta Human Rights Act
  • Alberta Bill of Rights
  • Human Rights, Citizenship and Multiculturalism Act

    • What is the name of the legislation in BC that deals with human rights?

    <p>Human Rights Code (D)</p> Signup and view all the answers

    What is the primary purpose of the Human Rights legislation in Alberta and BC?

    <p>To protect individual rights (D)</p> Signup and view all the answers

    Which of the following is NOT a responsibility of a human rights commission?

    <p>Enforcing criminal laws (C)</p> Signup and view all the answers

    What is the main difference between provincial human rights statutes and the Canadian Charter of Rights and Freedoms?

    <p>Provincial human rights statutes are applicable to both individuals and corporations. (D)</p> Signup and view all the answers

    Which of these options are correct? (Select all that apply)

    <p>Jessie Nelson does not identify as male or female. (A), Jessie Nelson uses they/them pronouns. (B)</p> Signup and view all the answers

    Who is Michael Buono?

    <p>The owner of Buono Osteria. (C)</p> Signup and view all the answers

    What was Jessie Nelson's job title at Buono Osteria?

    <p>Server. (B)</p> Signup and view all the answers

    What was the main issue Jessie Nelson had with Brian Gobelle?

    <p>Brian was constantly referring to Jessie Nelson with the wrong pronouns. (D)</p> Signup and view all the answers

    How did management respond to Jessie Nelson's request for intervention?

    <p>They told Jessie Nelson to wait. (A)</p> Signup and view all the answers

    What was the reason given for Jessie Nelson's termination?

    <p>Jessie Nelson was not a good fit for the company culture. (A)</p> Signup and view all the answers

    What is the significance of Jessie Nelson being in the probationary period of employment?

    <p>It means Jessie Nelson could be fired without cause or notice. (D)</p> Signup and view all the answers

    What was the finding of the BC Tribunal in this case?

    <p>Jessie Nelson's gender identity and expression were factors in the termination of her employment. (B)</p> Signup and view all the answers

    What is the legal significance of this case?

    <p>It clarifies that employers cannot discriminate against employees based on their gender identity and expression, even during the probationary period. (B)</p> Signup and view all the answers

    Which of the following is NOT a prohibited ground of discrimination in Alberta?

    <p>Source of income (A)</p> Signup and view all the answers

    What is a "BFOR"?

    <p>A bona fide occupational requirement (B)</p> Signup and view all the answers

    Which province(s) prohibit discrimination on the basis of assignment, attachment, or seizure of pay?

    <p>Quebec (B)</p> Signup and view all the answers

    What is an exemption to the right to be free from discrimination in employment?

    <p>A bona fide occupational requirement (B)</p> Signup and view all the answers

    Which of the following is a special exemption in the Alberta Act for age and marital status?

    <p>Bona fide retirement plans, pension plans, or employee insurance plans (B)</p> Signup and view all the answers

    Which of the following is a potential exemption for discrimination in the Alberta Act?

    <p>Conditions that are reasonable and justifiable in the circumstances (A)</p> Signup and view all the answers

    Which of these is NOT a general defence to discrimination under the Alberta Act?

    <p>Religious belief (C)</p> Signup and view all the answers

    Which of the following is a prohibited ground of discrimination in both Alberta and BC?

    <p>Disability (C)</p> Signup and view all the answers

    Which province does NOT include source of income as a prohibited ground of discrimination in the area of employment?

    <p>Ontario (C)</p> Signup and view all the answers

    If a fitness club wants to hire only male attendants to work in the men's locker room, what must they consider?

    <p>The possibility of accommodating non-male candidates (C)</p> Signup and view all the answers

    What is the next step if conciliation fails?

    <p>Both A and B (C)</p> Signup and view all the answers

    Which of the following is NOT a similarity between a human rights hearing and a court hearing?

    <p>Both have the same panel members (E)</p> Signup and view all the answers

    What is the purpose of a marshalling order in Alberta?

    <p>Ensure that a case is heard in the correct jurisdiction (A)</p> Signup and view all the answers

    What does the text say about the public nature of human rights hearings?

    <p>They can be held in private upon request (C)</p> Signup and view all the answers

    In which situation can a party apply for a reconsideration of a human rights panel decision?

    <p>If new facts are presented (D)</p> Signup and view all the answers

    What is the definition of a physical disability in reference to the Alberta legislation?

    <p>Any physical limitation caused by injury, birth defect, or illness. (D)</p> Signup and view all the answers

    What is a 'bona fide occupational requirement' (BFOR)?

    <p>A requirement that is necessary to carry out the duties of a particular job. (A)</p> Signup and view all the answers

    According to the provided content, what is NOT considered a disability?

    <p>Common cold (D)</p> Signup and view all the answers

    Which of the following is NOT included in the definition of 'mental disability' in Alberta?

    <p>Emotional disorders (B)</p> Signup and view all the answers

    What is an example of a physical disability according to the content?

    <p>Amputation (B)</p> Signup and view all the answers

    What is meant by 'perceived disability' according to the text?

    <p>A disability that is assumed by an employer based on appearance. (D)</p> Signup and view all the answers

    What is the legal framework for justifying discriminatory employment decisions based on a disability?

    <p>The employer must prove that the disability is a legitimate BFOR. (D)</p> Signup and view all the answers

    What is the legal consequence of an employer discriminating against an individual based on a perceived disability?

    <p>The employer is liable for a civil lawsuit. (D)</p> Signup and view all the answers

    What is an example of a situation where the employer can legitimately discriminate against an individual with a disability?

    <p>Refusing to hire someone with a visual impairment to work as a school bus driver. (C)</p> Signup and view all the answers

    Which of the following is NOT a protected ground under the Alberta Human Rights Act?

    <p>Weight (A)</p> Signup and view all the answers

    According to the information provided, what is an example of an essential job duty that might unavoidably touch on a prohibited ground?

    <p>Requiring applicants to have a valid driver's license for a delivery driver position (D)</p> Signup and view all the answers

    Which of the following statements is TRUE regarding the use of language in job advertisements?

    <p>Using terms like &quot;mature&quot; or &quot;youthful&quot; to describe preferred candidates is generally discouraged as it might be discriminatory. (D)</p> Signup and view all the answers

    According to the information, which of the following is NOT prohibited by the Alberta Act regarding job applications?

    <p>Asking about an applicant's educational background on an application form (D)</p> Signup and view all the answers

    What is the primary intent behind the Alberta Act's prohibition on requiring job applicants to provide information regarding protected grounds?

    <p>To prevent potential applicants from being discouraged from applying by eliminating the perception of being unacceptable due to their protected characteristics. (B)</p> Signup and view all the answers

    Which of the following is an example of a qualification that, although not obviously biased, might touch on a prohibited ground, according to the text?

    <p>Stating &quot;Canadian experience is preferred&quot; for a software developer position (A)</p> Signup and view all the answers

    If an employee is incarcerated for a criminal offense unrelated to their job, can their employer legally refuse to preserve their job?

    <p>Yes, the employer can refuse to preserve the job, as the employee is not available for work. (B)</p> Signup and view all the answers

    What is the main argument against the notion that employers must preserve jobs for incarcerated employees?

    <p>It would contradict the intent of the legislation, which seeks to protect individuals from discrimination due to a criminal record unrelated to the job. (A)</p> Signup and view all the answers

    What is the legal basis for the court's decision in the BC Human Rights Commission v BC Human Rights Tribunal case?

    <p>The court interpreted the intent of the legislation to protect individuals from discrimination based on a criminal record unrelated to the job. (A)</p> Signup and view all the answers

    According to the provided text, what is the primary objective of the BC Human Rights Code regarding criminal records and employment?

    <p>To prevent employers from discriminating against individuals based on a criminal record that is unrelated to the job. (B)</p> Signup and view all the answers

    Which of the following is TRUE about the Alberta Human Rights Act regarding criminal records?

    <p>It does not explicitly mention criminal records as a prohibited ground of discrimination. (D)</p> Signup and view all the answers

    In the context of the provided content, what is an exemption to the protection from discrimination based on conviction of a criminal offense in BC?

    <p>The employer can demonstrate that the offense is directly related to the job and poses a risk to the safety of the workplace. (A)</p> Signup and view all the answers

    What is the most likely legal outcome if an employer in BC refuses to employ an individual solely based on their criminal record, when the offense is unrelated to the job?

    <p>The employee can file a complaint with the BC Human Rights Tribunal, which may order the employer to offer the job to the employee. (D)</p> Signup and view all the answers

    Which of the following is a potential difference between the BC Human Rights Code and the Alberta Human Rights Act regarding criminal records and employment?

    <p>The BC Human Rights Code includes criminal record as a prohibited ground of discrimination, while the Alberta Human Rights Act does not. (A)</p> Signup and view all the answers

    What is a potential implication of the difference in legislation regarding criminal records and employment between BC and Alberta?

    <p>Employers in Alberta may be more likely to hire individuals with criminal records compared to those in BC. (D)</p> Signup and view all the answers

    Which of the following is NOT a prohibited ground of discrimination in employment in both Alberta and British Columbia?

    <p>Political belief (D)</p> Signup and view all the answers

    Which of the following statements accurately reflects the legal principles surrounding discrimination in employment?

    <p>An employer must have an intention to discriminate to be found guilty under human rights legislation. (B)</p> Signup and view all the answers

    What is a valid reason for an employer to discriminate against an individual based on a protected ground?

    <p>To fulfill a bona fide occupational requirement (BFOR) that is essential to the job. (B)</p> Signup and view all the answers

    Which scenario demonstrates a potential violation of human rights legislation in the workplace?

    <p>An organization sets a mandatory retirement age of 65 for its employees. (B)</p> Signup and view all the answers

    Which of the following is a ground for discrimination in employment that is ONLY recognized in British Columbia, but NOT in Alberta?

    <p>Indigenous identity (C)</p> Signup and view all the answers

    Which option accurately reflects the legal consequences of a collective agreement contradicting human rights legislation?

    <p>The collective agreement is voided entirely, as it cannot be enforced over human rights legislation. (A)</p> Signup and view all the answers

    Which of the following statements accurately reflects the employer's duty to accommodate individuals with protected needs?

    <p>The employer is required to accommodate the needs of protected individuals or groups unless doing so creates undue hardship for the employer. (D)</p> Signup and view all the answers

    Which of the following is NOT a prohibited ground of discrimination according to the content?

    <p>Non-Canadian accent (A)</p> Signup and view all the answers

    According to the text what could be considered "undue hardship" for an employer?

    <p>Increased cost of business (A)</p> Signup and view all the answers

    What is the legal concept established by the Meiorin case, as mentioned in the text?

    <p>The need for employer to demonstrate that discrimination is justified by a legitimate purpose (A)</p> Signup and view all the answers

    According to the content, what is a potential example of a legitimate reason to require a job applicant to have a driver's license?

    <p>To ensure the applicant can easily reach client locations (D)</p> Signup and view all the answers

    Which of the following is an example of a business practice that could be considered discriminatory?

    <p>Requiring a driver's license for a job that involves minimal driving (D)</p> Signup and view all the answers

    What is the main point the text is trying to make about the Meiorin case?

    <p>It helped to clarify the legal framework for accommodating employees with disabilities (A)</p> Signup and view all the answers

    Which of the following is an example of a situation where an employer might have to accommodate an individual with a disability?

    <p>A manager who refuses to use a sign language interpreter to accommodate a deaf employee (B)</p> Signup and view all the answers

    What is NOT mentioned in the text regarding accommodation for individuals with disabilities?

    <p>The requirement for employers to implement flexible working arrangements for all employees (A)</p> Signup and view all the answers

    What is the main point the text is trying to make about the importance of the Meiorin case for employers?

    <p>It highlights the need for employers to consider the potential impact of their policies and procedures (A)</p> Signup and view all the answers

    Which of the following is a general defense to discrimination under the Alberta Act?

    <p>The discriminatory practice is a Bona Fide Occupational Requirement (BFOR) (A)</p> Signup and view all the answers

    What is a potential exemption to the right to be free from discrimination in employment under the Alberta Act?

    <p>Discrimination based on a person's age in a bona fide retirement plan. (C)</p> Signup and view all the answers

    A fitness club wants to hire only male attendants to work in the men's locker room. What is the employer required to consider to justify this discriminatory practice?

    <p>All of the above. (D)</p> Signup and view all the answers

    Which of the following is NOT considered a disability?

    <p>Obesity (B)</p> Signup and view all the answers

    Which of these options are correct? (Select all that apply) The meaning of the word "trans" can include:

    <p>crossing over gender expectations (A), existing beyond the gender spectrum (D)</p> Signup and view all the answers

    Which of these claims about the distinction between "sex" and "gender" in BC legislation is true?

    <p>The use of &quot;gender&quot; instead of &quot;sex&quot; was a significant change that explicitly included transgender people in the legislation. (B)</p> Signup and view all the answers

    The inclusion of "gender identity" and "gender expression" in the BC Human Rights Code in 2016 is significant because:

    <p>It explicitly recognizes the validity of transgender people's identities and experiences. (C)</p> Signup and view all the answers

    What is a core implication of the BC Tribunal's definition of "gender expression" in the context of human rights?

    <p>Gender expression and identity are intertwined but can be distinct in how a person presents themselves. (C)</p> Signup and view all the answers

    Which aspect of the BC Tribunal's definition of "gender identity" is most directly relevant to the legal protection of transgender individuals?

    <p>It considers the personal sense of gender as the defining factor, regardless of birth-assigned sex. (A)</p> Signup and view all the answers

    The case of Nelson v Goodberry Restaurant Group Ltd is a good example of how the BC Tribunal approaches discrimination based on gender expression and identity because:

    <p>It provides a case study of how the BC Tribunal interprets and applies the new provisions in the BC Human Rights Code. (D)</p> Signup and view all the answers

    The information provided most strongly suggests that the inclusion of "gender identity" and "gender expression" in the BC Human Rights Code has led to:

    <p>Greater clarity in legal protections for transgender individuals in BC. (C)</p> Signup and view all the answers

    Which of the following statements best describes a risk associated with informal job advertisements?

    <p>They may lead to perpetuating homogeneity in workforce composition. (C)</p> Signup and view all the answers

    What does Section 8(1) of the Alberta Act prohibit in job advertisements?

    <p>Specifications that indicate discrimination based on protected grounds. (C)</p> Signup and view all the answers

    In the context of job advertisements, what is a bona fide occupational requirement (BFOR)?

    <p>A condition that allows discrimination based on relevant job duties. (B)</p> Signup and view all the answers

    What is a consequence of using an ethnic community paper for job advertisements?

    <p>It may inadvertently increase the likelihood of discrimination claims. (A)</p> Signup and view all the answers

    Which of the following statements regarding the contents of job advertisements is accurate under the Alberta Act?

    <p>Requirements may not express any gender preferences regardless of job role. (C)</p> Signup and view all the answers

    What is one requirement imposed on employers by the Pay Transparency Act (2023)?

    <p>Employers must specify the expected salary or wage range in job postings. (A)</p> Signup and view all the answers

    How does the Pay Transparency Act (2023) address inquiries about pay history?

    <p>It prohibits employers from asking about pay history unless it's publicly accessible. (C)</p> Signup and view all the answers

    What is a significant impact of existing leadership assumptions on women's pay equity?

    <p>Women are less likely to display leadership characteristics traditionally valued in the workplace. (C)</p> Signup and view all the answers

    Which of the following groups does the Pay Transparency Act (2023) NOT apply to?

    <p>Companies without any employees. (B)</p> Signup and view all the answers

    What is prohibited under the Pay Transparency Act (2023) regarding employees who inquire about pay?

    <p>Employers can threaten adverse actions against employees for reporting pay discrepancies. (B)</p> Signup and view all the answers

    In what year does the Pay Transparency Act (2023) first apply to employers with 300 or more employees?

    <p>2025 (A)</p> Signup and view all the answers

    How does the Pay Transparency Act (2023) seek to enable employees regarding pay information?

    <p>By facilitating open discussions about pay and salary transparency. (B)</p> Signup and view all the answers

    Which of the following best describes the traits often associated with successful leadership as per existing assumptions?

    <p>Aggressive, assertive, and self-promoting. (D)</p> Signup and view all the answers

    What type of report must 'reporting employers' prepare under the Pay Transparency Act (2023)?

    <p>Pay transparency report. (D)</p> Signup and view all the answers

    Which of the following statements about the exemptions in the Alberta Act is true?

    <p>Exemptions in the Alberta Act are identified in sections 7(3), 8(2), and 11. (A)</p> Signup and view all the answers

    In what situation can an employer legally discriminate based on a physical appearance-related issue?

    <p>If the employer has a bona fide occupational requirement justifying the discrimination. (B)</p> Signup and view all the answers

    Which province does NOT prohibit discrimination based on source of income in employment?

    <p>Ontario (C), British Columbia (D)</p> Signup and view all the answers

    What must an employer consider when hiring for a position with gender-specific duties?

    <p>Whether reasonable accommodation for non-male candidates can be made. (D)</p> Signup and view all the answers

    Which of the following is a requirement for an employer to discriminate as allowed under section 11 of the Alberta Act?

    <p>The discrimination must be deemed reasonable and justifiable under the circumstances. (C)</p> Signup and view all the answers

    What kind of appearance discrimination would potentially be permissible under the Alberta Act?

    <p>Discrimination based on a visible disability perceived by the employer. (C)</p> Signup and view all the answers

    In which of the following situations is unemployment discrimination most likely permissible?

    <p>A gym hiring only female trainers for a women's class. (D)</p> Signup and view all the answers

    Which of the following best reflects the general approach to discriminatory advertising under the Alberta Act?

    <p>Discriminatory advertising is only allowed under specific exemptions. (A)</p> Signup and view all the answers

    What does the term 'bona fide occupational requirement' (BFOR) imply in employment practices?

    <p>The requirement directly contributes to the job's essential duties. (B)</p> Signup and view all the answers

    Which of the following characteristics is NOT explicitly mentioned as a prohibited ground of discrimination in employment?

    <p>Height (A)</p> Signup and view all the answers

    What is the main reason why leadership commitment is crucial for closing the gender pay gap, according to the provided text?

    <p>Strong leadership can set a clear example and culture of equality, motivating others to prioritize closing the gap. (C)</p> Signup and view all the answers

    Which of the following is NOT mentioned as a potential barrier to closing the gender pay gap, based on the provided information?

    <p>Discriminatory practices implemented by employers that explicitly favor men over women. (C)</p> Signup and view all the answers

    Based on the provided text, what is the current situation regarding the gender wage gap in Canada?

    <p>The gender wage gap has remained stable, with Canadian women earning 84 cents for every dollar earned by men. (A)</p> Signup and view all the answers

    What is the key message conveyed by the phrase "the battle starts at the top" in the context of closing the gender pay gap?

    <p>Without strong leadership commitment, efforts to close the gender pay gap will be ineffective. (D)</p> Signup and view all the answers

    How can employers effectively address incremental bias that contributes to the gender pay gap?

    <p>By having open conversations with employees, individually and collectively, to address any potential bias and its impact. (B)</p> Signup and view all the answers

    What is a significant consequence of incremental bias affecting women's career trajectories, as suggested by the text?

    <p>Women may be more likely to experience pay disparities throughout their careers, impacting their overall earnings. (B)</p> Signup and view all the answers

    The provided text emphasizes the importance of leadership commitment in closing the gender pay gap. Which of the following statements BEST aligns with this message?

    <p>Leaders should communicate their commitment to closing the gender pay gap through both words and actions. (A)</p> Signup and view all the answers

    What is the primary reason for the gender pay gap being persistent in Canada?

    <p>The ingrained nature of patriarchal values and culture has contributed to a systemic bias against women. (B)</p> Signup and view all the answers

    Which of the following is NOT a DIRECTLY mentioned strategy for closing the gender pay gap, as presented in the text?

    <p>Promoting a culture of transparency and open communication regarding pay and compensation practices. (D)</p> Signup and view all the answers

    Based on the provided content, which of the following is true regarding the impact of the gender pay gap on women who are members of specific groups?

    <p>The text indicates the gender pay gap widens for women who also face additional disparities, such as indigeneity or disability. (B)</p> Signup and view all the answers

    The prohibited grounds of discrimination are identical in Alberta and British Columbia.

    <p>False (B)</p> Signup and view all the answers

    Discrimination requires an intent to harm.

    <p>False (B)</p> Signup and view all the answers

    Employers are obligated to accommodate any special needs of protected individuals or groups.

    <p>False (B)</p> Signup and view all the answers

    A collective agreement can override human rights legislation.

    <p>False (B)</p> Signup and view all the answers

    The Canadian Charter of Rights and Freedoms is the only legislation that protects human rights in Canada.

    <p>False (B)</p> Signup and view all the answers

    Age is a prohibited ground of discrimination in both Alberta and British Columbia.

    <p>True (A)</p> Signup and view all the answers

    The term "race" in the legislation refers only to the colour of someone's skin.

    <p>False (B)</p> Signup and view all the answers

    A person's weight can be considered a "physical disability" under Alberta legislation.

    <p>True (A)</p> Signup and view all the answers

    Employers are always required to accommodate individuals with disabilities, regardless of the job requirements.

    <p>False (B)</p> Signup and view all the answers

    The definition of "mental disability" in Alberta includes disorders regardless of their cause or duration.

    <p>True (A)</p> Signup and view all the answers

    Employers are prohibited from discriminating against individuals based on their "perceived disability."

    <p>True (A)</p> Signup and view all the answers

    A "bona fide occupational requirement" (BFOR) is a standard that is only justified if it is absolutely necessary for the safe performance of the job.

    <p>True (A)</p> Signup and view all the answers

    The Alberta Act prohibits employers from asking job applicants about their marital status.

    <p>True (A)</p> Signup and view all the answers

    A common cold is considered a disability under the Alberta Act.

    <p>False (B)</p> Signup and view all the answers

    Employers must document all decisions related to hiring, including reasons, to defend against alleged discrimination.

    <p>True (A)</p> Signup and view all the answers

    An employer may legally refuse to hire a blind school bus driver because driving a school bus requires good vision.

    <p>True (A)</p> Signup and view all the answers

    A discriminatory ground, even if not the sole reason for an employment decision, can still violate the Alberta Act and BC Code.

    <p>True (A)</p> Signup and view all the answers

    Alberta legislation requires employers to provide accommodations for all disabilities, even if it results in undue hardship.

    <p>False (B)</p> Signup and view all the answers

    Job descriptions should only include essential duties, as non-essential duties might potentially discriminate against applicants.

    <p>False (B)</p> Signup and view all the answers

    Reviewing job descriptions is only necessary when hiring for a new position, not when filling an existing role.

    <p>False (B)</p> Signup and view all the answers

    The Pay Transparency Act in BC requires all employers to publish their pay transparency reports.

    <p>False (B)</p> Signup and view all the answers

    Job duties or requirements that are both essential and related to a prohibited ground of discrimination should be carefully reviewed.

    <p>True (A)</p> Signup and view all the answers

    Employers in BC can legally ask job applicants for their salary history.

    <p>False (B)</p> Signup and view all the answers

    Under the Pay Transparency Act in BC, employers are prohibited from retaliating against employees who inquire about their pay.

    <p>True (A)</p> Signup and view all the answers

    In 2026, all employers in BC, regardless of size, will be required to publish pay transparency reports.

    <p>False (B)</p> Signup and view all the answers

    The Pay Transparency Act in BC applies only to private sector employers.

    <p>False (B)</p> Signup and view all the answers

    The Pay Transparency Act in BC prohibits employers from specifying a salary range in job postings.

    <p>False (B)</p> Signup and view all the answers

    The Pay Transparency Act in BC was introduced in 2023, but it will not come into effect until 2024.

    <p>True (A)</p> Signup and view all the answers

    Private sector employers in BC with 300 or more employees will be required to publish pay transparency reports in 2025.

    <p>True (A)</p> Signup and view all the answers

    The Pay Transparency Act in BC is intended to promote pay equity by increasing transparency in pay practices.

    <p>True (A)</p> Signup and view all the answers

    The Pay Transparency Act in BC requires employers to disclose the pay of individual employees.

    <p>False (B)</p> Signup and view all the answers

    The BC Tribunal acknowledged that damages awards in previous comparable cases had been in the range of $22,500 to $25,000 but expressly endorsed an upward trend in damages awards.

    <p>True (A)</p> Signup and view all the answers

    The BC Tribunal's highest-ever payment for injury to dignity was awarded in a case involving racial discrimination.

    <p>True (A)</p> Signup and view all the answers

    The legal process leading to Levan Francis' human rights complaint lasted less than a decade.

    <p>False (B)</p> Signup and view all the answers

    Levan Francis was employed as a Correctional Officer in Port Coquitlam.

    <p>True (A)</p> Signup and view all the answers

    Francis was awarded $1,000,000 in damages for injury to dignity.

    <p>False (B)</p> Signup and view all the answers

    In its decision, the BC Tribunal referenced the case of Sunshine Village Corporation v Boehnisch (2020).

    <p>True (A)</p> Signup and view all the answers

    Levan Francis was physically assaulted by colleagues and management.

    <p>True (A)</p> Signup and view all the answers

    Francis' case involved discrimination on the basis of sex.

    <p>False (B)</p> Signup and view all the answers

    The BC Tribunal awarded Francis $40,000 for injury to dignity, similar to the amount in the Araniva v RSY Contracting (No 3) case.

    <p>True (A)</p> Signup and view all the answers

    The BC Tribunal cited the University of British Columbia v Kelly case as a recent precedent for awarding damages in cases of discrimination.

    <p>True (A)</p> Signup and view all the answers

    The Alberta Bill of Rights was initially intended to protect citizens from discriminatory practices by private corporations.

    <p>False (B)</p> Signup and view all the answers

    The scope of human rights legislation has been steadily expanding, with provinces like Alberta and BC enacting comprehensive acts to combat discrimination based on 15 grounds.

    <p>True (A)</p> Signup and view all the answers

    The IRPA, passed in Alberta in 1972, predates the BC Human Rights Code, which was introduced in 1973.

    <p>True (A)</p> Signup and view all the answers

    Unlike the Canadian Charter of Rights and Freedoms, provincial human rights statutes apply solely to the actions of government entities.

    <p>False (B)</p> Signup and view all the answers

    The BC Human Rights Code, introduced in 1973, has remained largely unchanged since its inception.

    <p>False (B)</p> Signup and view all the answers

    The Alberta Human Rights Act (the Alberta Act) was initially passed in 1972, and has undergone significant revisions and changes to reflect the evolving understanding and scope of human rights protections.

    <p>True (A)</p> Signup and view all the answers

    All provinces in Canada have introduced comprehensive human rights legislation based on the same framework and prohibiting discrimination on the same grounds, ensuring a consistent approach across jurisdictions.

    <p>False (B)</p> Signup and view all the answers

    The gender wage gap in Canada has remained relatively unchanged despite efforts to close it.

    <p>True (A)</p> Signup and view all the answers

    Canadian women earn 85 cents for every dollar earned by men.

    <p>False (B)</p> Signup and view all the answers

    The text portrays closing the gender pay gap as a straightforward and easily achievable goal.

    <p>False (B)</p> Signup and view all the answers

    According to Anil Verma, the gap is larger for women who are Indigenous, living with a disability, racialized, or newcomers to Canada.

    <p>True (A)</p> Signup and view all the answers

    The text suggests that leadership commitment is the sole factor crucial for closing the gender pay gap.

    <p>False (B)</p> Signup and view all the answers

    The text states that bias in salary disparities often occurs gradually and subtly, not explicitly.

    <p>True (A)</p> Signup and view all the answers

    Women's family and social obligations are not a significant factor in contributing to the gender pay gap.

    <p>False (B)</p> Signup and view all the answers

    The text suggests that the gender pay gap is primarily a result of women's choices and lack of ambition.

    <p>False (B)</p> Signup and view all the answers

    The main message of the article is that the gender wage gap is an intractable problem that will likely never be fully resolved.

    <p>False (B)</p> Signup and view all the answers

    A party can apply for reconsideration of a human rights panel decision as long as they are not happy with the outcome.

    <p>False (B)</p> Signup and view all the answers

    If a human rights complaint is based on a matter covered by a collective agreement, it will always be heard by an arbitrator rather than a human rights panel.

    <p>False (B)</p> Signup and view all the answers

    Human rights panels have more latitude regarding the evidence they accept than courts do because the parties involved are often unfamiliar with court processes.

    <p>True (A)</p> Signup and view all the answers

    A human rights hearing is conducted by an arbitrator, just like a hearing in a court system.

    <p>False (B)</p> Signup and view all the answers

    If both parties are unhappy with the outcome of a case, they can file for a reconsideration of the decision by the panel.

    <p>False (B)</p> Signup and view all the answers

    The BC Code allows for discrimination in favor of people from a particular group if there is a bona fide affirmative action program in place.

    <p>True (A)</p> Signup and view all the answers

    The Alberta Human Rights Commission has the power to dismiss a complaint if it is not within their jurisdiction, even if the complaint is filed within the statutory timeline.

    <p>True (A)</p> Signup and view all the answers

    The complaint process for human rights issues in Alberta is significantly different from the process in BC, requiring different procedures and timelines.

    <p>False (B)</p> Signup and view all the answers

    The BC Code defines "special program" as a program designed to remove discrimination and promote equality.

    <p>True (A)</p> Signup and view all the answers

    The Alberta Human Rights Commission has the final authority to decide whether a complaint is successful.

    <p>False (B)</p> Signup and view all the answers

    The BC Tribunal will typically attempt to settle a complaint before a hearing takes place if it is not dismissed at an earlier stage.

    <p>True (A)</p> Signup and view all the answers

    The BC Tribunal reviews whether the complaint is within the statutory timeline, but does not assess whether the alleged discrimination meets the criteria outlined in the BC Code.

    <p>False (B)</p> Signup and view all the answers

    The BC Code identifies all special programs as employment equity programs.

    <p>False (B)</p> Signup and view all the answers

    Employers in BC are required to provide a written response to a human rights complaint, similar to the process in Alberta.

    <p>True (A)</p> Signup and view all the answers

    The BC Tribunal's process for reviewing complaints is significantly more rigorous than the Alberta Human Rights Commission's process, with more detailed examinations before notifying the respondent.

    <p>False (B)</p> Signup and view all the answers

    The Alberta Act prohibits employers from retaliating against employees who make a complaint under the Act, even if the complaint is considered frivolous or vexatious.

    <p>False (B)</p> Signup and view all the answers

    The BC Code protects individuals from retaliation only if they have successfully proven discrimination under the Code.

    <p>False (B)</p> Signup and view all the answers

    Discrimination based on social status is explicitly prohibited under both the Alberta Act and the BC Code.

    <p>False (B)</p> Signup and view all the answers

    An employer can legally refuse to hire someone based on their social status, even if they are qualified for the job.

    <p>True (A)</p> Signup and view all the answers

    A company implementing diversity initiatives by providing paid internships to people with disabilities fulfills its obligation to ensure equal opportunities for all.

    <p>False (B)</p> Signup and view all the answers

    A company hosting leadership seminars for high-level female and minority employees is sufficient to address concerns about gender and racial disparities in leadership positions.

    <p>False (B)</p> Signup and view all the answers

    If a company implements a succession planning program that includes a diversity component, it is automatically protected from accusations of discrimination in its hiring practices.

    <p>False (B)</p> Signup and view all the answers

    If an employee is terminated for making a complaint about discrimination, they automatically have a legal claim against the employer.

    <p>False (B)</p> Signup and view all the answers

    A company can argue that a "bona fide occupational requirement" (BFOR) justifies discriminatory hiring practices based on a ground not covered by the legislation, such as social status.

    <p>False (B)</p> Signup and view all the answers

    A company can require applicants to disclose personal information related to a prohibited ground for discrimination, such as their marital status, if the information is specifically relevant for a particular job role.

    <p>False (B)</p> Signup and view all the answers

    Study Notes

    Learning Outcomes

    • Explain discrimination under the British Columbia Human Rights Code and the Alberta Human Rights Act.
    • Identify features of these statutes, including prohibited grounds and areas of discrimination.
    • Understand the distinction between equal pay for equal work and employment equity.
    • Outline remedies available to complainants.
    • State human rights requirements during hiring (job ads, applications, interviews).
    • Understand issues raised by pre-employment testing, including medical and drug/alcohol testing.
    • Understand implications of human rights legislation during employment, including the duty to accommodate disability, religion, sex, and family status.

    Human Rights Issues in Hiring

    • Discrimination was once legal in some Canadian areas.
    • Human rights legislation prohibits discrimination in employment, services, and accommodation.
    • Human rights laws pertain to workplace decisions (hiring, training, promotion, etc.).
    • Human rights legislation applies to both private and public sectors.

    Discrimination and Complaints

    • Provincial human rights statutes apply to individuals and corporations.
    • Discrimination may be direct or indirect (unintentional).
    • A three-part test for establishing discrimination:
      1. A protected characteristic exists.
      2. An adverse impact occurred.
      3. The protected characteristic was a factor in the adverse impact.
    • Employers must justify policies, practices, or conduct if challenged.

    Key Features of Human Rights Legislation

    • Applies to private and public sectors; unlike the Charter, its application is not solely for government actions.
    • Prohibits discrimination on several grounds (race, religion, gender, disability, etc.), though specific grounds may vary slightly between Alberta and British Columbia.

    What Constitutes Discrimination

    • Discrimination is not explicitly defined in the Alberta Act or BC Code.
    • Courts interpret its meaning.
    • Direct (or intentional) discrimination is easier to identify than indirect (unintentional) discrimination.
    • The courts have established a three-part test for discrimination.

    Systemic Discrimination

    • A complex and subtle form of indirect discrimination.
    • Refers to employer policies/practices seemingly neutral but having a discriminatory effect.
    • Often evidenced through numerical data showing disparities.

    Overview of Alberta and BC Legislation

    • Alberta Act and BC Code have similar, yet not identical grounds for prohibiting discrimination in employment.
    • Both statutes are remedial—intended to rectify societal wrongs, not merely allocate blame.
    • Interpretation strongly favors employees in ambiguities.
    • Remedies in human rights tribunals include altering policies, compensation, or declaratory orders, but do not usually include criminal penalties.

    Prohibited Grounds of Discrimination (Employment)

    • The Alberta Act and BC Code list various prohibited grounds for discrimination (e.g., race, religion, disability, gender identity, sexual orientation).
    • Discrimination based on protected grounds is prohibited, even if unintentional.
    • Age, ancestry, colour, gender, gender expression, gender identity, marital status, place of origin, political belief, race, religion, sex, sexual orientation, source of income, physical/mental disability, are examples of protected grounds. These can sometimes overlap (e.g., source of income relating to prejudice).

    Other Covered Areas

    • Publications and notices.
    • Goods, services, accommodation, housing, and facilities.
    • Tenancies in certain provinces
    • Employment practices including pay equity and advertising.

    Bona Fide Occupational Requirements (BFORs)

    • Allow discrimination if directly related to essential job duties.
    • Employers must demonstrate a rational connection between the requirement and job duties.
    • Must prove accommodation is impossible without "undue hardship" for a particular employer.

    Age Discrimination

    • The law regarding age discrimination is complex.
    • Provincial laws vary regarding age-based discrimination; some do not prohibit age limits, but might allow certain age-based limitations as a justified BFOR.
    • In certain circumstances age limits might be seen as justifiable BFOR (e.g., limitations on work capacity).

    Marital Status

    • Marital status includes marriage, being single, widowed, divorced, separated, or in a conjugal relationship outside of marriage.
    • It's relevant to employment benefits, pensions, and survivor benefits.

    Other Discrimination Grounds

    • Other prohibited grounds for discrimination include source of income, ancestry, place of origin, sexual orientation, gender identity, gender expression, political beliefs.

    Criminal Record

    • Some jurisdictions do not prohibit employers from considering criminal records in hiring decisions, unless directly related to an employer's obligations or potential conflicts.

    Equal Pay for Equal Work

    • Employees performing the same or substantially similar work must receive equivalent pay.
    • Employers cannot reduce one employee's pay to meet equal pay requirements.

    Equal Pay for Work of Equal Value

    • This compares the value of different jobs, not just similarity of tasks. Provincial and territorial legislation may vary, with some jurisdictions protecting this concept.

    Employment Equity

    • Employment equity addresses unequal representation of designated groups in workplaces.
    • It's distinct from pay equity, focusing on equal pay for similar work.

    Types of Discrimination

    • Systemic discrimination refers to discriminatory policies/practices within an organization.
    • Harassment, including sexual harassment, is prohibited.

    Human Rights Issues in Recruitment, Selection, and Hiring

    • Employers should ensure job descriptions accurately reflect requirements.
    • Essential job duties should be distinguished from preferences.
    • Questions on application forms should not inquire about protected characteristics unless justified by a bona fide occupational requirement (BFOR).

    Job Interviews

    • Interviewers should avoid questions relating to protected characteristics unless justified by a bona fide occupational requirement (BFOR).
    • Employers have a duty to accommodate disabilities throughout selection procedures.

    Pre-employment Medical and Drug/Alcohol Testing

    • Generally, medical and drug/alcohol tests should only occur after a conditional offer of employment.
    • Tests must be directly related to essential job functions.
    • Random testing is more restricted and requires justification via Bona Fide Occupational Requirement (BFOR).

    Employer's Duty to Accommodate

    • Employers have a duty to accommodate employees with disabilities, religion, sex, family status, and other protected statuses, to avoid discrimination.
    • The duty is met with reasonable measures, unless causing undue hardship.
    • Financial costs, disruption of operations, and morale problems are factors in assessing undue hardship.

    Workplace Harassment

    • Unwelcome conduct of a sexual nature with adverse job-related consequences constitute harassment.
    • Conduct that is perceived as unwelcome by a reasonable person is harassment.
    • Verbal or physical abuse, threats, derogatory remarks, jokes, or taunts are considered harassment.
    • Employers must establish clear policies on harassment, train employees, and respond appropriately to complaints.

    Special (Affirmative Action) Programs

    • In some jurisdictions, employers can implement special programs to address historic disadvantages of individuals based on protected characteristics.

    Employment Equity

    • Employment equity aims for equal participation of designated groups in all aspects of workplaces (not just pay).

    Discrimination Through Reprisal

    • Employers cannot retaliate against employees for raising or participating in human rights complaints.
    • Frivolous or malicious complaints are not protected.

    Competing Accommodation Claims

    • Employers face balancing multiple competing claims of employees regarding their rights to be accommodated.
    • Tribunals consider the extent of interference and the reasonableness of accommodation requests in upholding the rights of all employees.

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    Description

    This quiz explores the human rights legislation in Alberta and British Columbia, including key legislation aimed at protecting citizens from governmental abuse. Test your knowledge about the responsibilities of human rights commissions, significant cases, and the differences between provincial statutes and the Canadian Charter of Rights and Freedoms.

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