Human Rights Legislation Quiz
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Questions and Answers

What is systemic discrimination often also called?

  • Overt discrimination
  • Institutional discrimination (correct)
  • Direct discrimination
  • Implicit discrimination

    • Which of the following best describes the impact of informal mentoring on employees with disabilities?

  • It reduces the need for performance evaluations.
  • It may disadvantage those unable to participate after hours. (correct)
  • It provides equal opportunities for promotion.
  • It helps all employees build networks equally.

    • How is systemic discrimination typically identified?

  • By reviewing company policies in isolation.
  • Through qualitative surveys on employee satisfaction.
  • Through anecdotal evidence from employees.
  • By comparing numerical data and representation. (correct)

    • Which statement about human rights legislation is incorrect?

    <p>It applies only to the public sector.</p> Signup and view all the answers

    What is a potential consequence of systemic discrimination regarding performance evaluations?

    <p>There can be unequal access to networking opportunities.</p> Signup and view all the answers

    What is the primary purpose of the Individual's Rights Protection Act (IRPA) in Alberta?

    <p>To eradicate discrimination in various sectors</p> Signup and view all the answers

    Which of these grounds is NOT specifically prohibited from discrimination under the Alberta Human Rights Act?

    <p>Political affiliation</p> Signup and view all the answers

    How did the Alberta Bill of Rights influence human rights legislation?

    <p>By protecting individuals from government abuse of power</p> Signup and view all the answers

    When was the latest version of British Columbia's Human Rights Code enacted?

    <p>2018</p> Signup and view all the answers

    What significant function does a human rights commission serve under the IRPA?

    <p>Educating the public about human rights</p> Signup and view all the answers

    What distinguishes human rights legislation in Alberta from the Canadian Charter of Rights and Freedoms?

    <p>Human rights legislation includes individuals and corporations</p> Signup and view all the answers

    What is meant by the term 'primacy legislation' as it relates to the IRPA?

    <p>It takes precedence over other provincial laws</p> Signup and view all the answers

    Which of the following statements about the scope of human rights law is true?

    <p>Human rights law has been steadily expanding</p> Signup and view all the answers

    What does the term 'trans' encompass?

    <p>Individuals with diverse gender identities and expressions.</p> Signup and view all the answers

    What defines a transsexual person?

    <p>An individual whose gender identity differs from their assigned sex at birth.</p> Signup and view all the answers

    What aspect does gender expression include?

    <p>The way a person presents their gender to the outside world.</p> Signup and view all the answers

    How did the BC government address calls for greater inclusion of transgender individuals in 2016?

    <p>By adding gender identity and gender expression to the BC Code.</p> Signup and view all the answers

    How is gender identity described in the content?

    <p>It can be fluid and vary for different individuals.</p> Signup and view all the answers

    What was significant about the case Nelson v Goodberry Restaurant Group Ltd?

    <p>It was the first case addressing discrimination based on gender expression and identity in BC.</p> Signup and view all the answers

    Which components are part of a person's gender identity?

    <p>Pronouns, name, and personal perceptions of gender.</p> Signup and view all the answers

    What does the BC Tribunal's definition of gender expression imply?

    <p>It includes a variety of behaviors, appearances, and presentation styles.</p> Signup and view all the answers

    What does the BC Code prohibit employers from doing regarding a person's criminal record?

    <p>Discriminating based on convictions unrelated to the job</p> Signup and view all the answers

    Which of the following scenarios could lead to a discrimination claim under the BC Code?

    <p>An employer does not allow an employee serving a prison sentence to retain their job</p> Signup and view all the answers

    What is the stance of the BC Court of Appeal on preserving the employment status of employees serving prison sentences?

    <p>The legislation does not mandate job retention for tur unable to work due to incarceration</p> Signup and view all the answers

    In the context of the BC Code, what is the rationale behind protecting individuals with criminal records?

    <p>To prevent the stigma of past convictions from hindering employment opportunities</p> Signup and view all the answers

    Which of the following grounds is not recognized for discrimination under the Alberta Act?

    <p>Criminal record</p> Signup and view all the answers

    What is a potential legal term referenced regarding the BC Court of Appeal's decision on maintaining employment status?

    <p>Obiter dicta</p> Signup and view all the answers

    Which statement best summarizes the employment protection provided by the BC Code regarding criminal records?

    <p>It protects against all forms of discrimination including past convictions</p> Signup and view all the answers

    What is one exception noted in the BC Code for discrimination regarding criminal records?

    <p>BFORs (Bona Fide Occupational Requirements) can apply</p> Signup and view all the answers

    What is required for an employer to meet the third part of the Meiorin test?

    <p>Show that accommodation is impossible without undue hardship</p> Signup and view all the answers

    According to the Supreme Court of Canada's 2008 Hydro-Québec decision, what did the Court clarify about the Meiorin test?

    <p>The standard should acknowledge differing capacities when establishing rules</p> Signup and view all the answers

    What aspect must employers consider when setting a standard or rule?

    <p>Different needs of employees</p> Signup and view all the answers

    What does the high standard for the third part of the Meiorin test require from employers?

    <p>A consideration of individual differences and capabilities</p> Signup and view all the answers

    What should employers investigate as an alternative approach to standards?

    <p>Individual testing that does not discriminate</p> Signup and view all the answers

    What constitutes undue hardship for an employer?

    <p>Implementing significant costs and operational changes</p> Signup and view all the answers

    Which of the following factors should be considered when assessing if the duty to accommodate has been met?

    <p>Valid reasons for not implementing alternative approaches</p> Signup and view all the answers

    How should legitimate workplace objectives be approached according to the content?

    <p>They should be met in a manner that is less discriminatory</p> Signup and view all the answers

    What was the initial amount Francis sought for damages due to discrimination?

    <p>$220,000</p> Signup and view all the answers

    What percentage discount was applied to Francis' damages award?

    <p>20</p> Signup and view all the answers

    How much was the final award for injury to dignity after the discount was applied?

    <p>$176,000</p> Signup and view all the answers

    Besides the injury to dignity award, what other type of compensation did Francis receive?

    <p>Wage and pension loss compensation</p> Signup and view all the answers

    Why was Francis considered particularly vulnerable in his workplace situation?

    <p>He felt he could not count on his colleagues for help.</p> Signup and view all the answers

    What major mental health disorders was Francis diagnosed with?

    <p>Major depressive disorder and generalized anxiety disorder</p> Signup and view all the answers

    Which of the following was NOT a factor considered by the BC Tribunal when awarding damages?

    <p>Previous work experience</p> Signup and view all the answers

    What was the BC Tribunal's stance on significant injury to dignity awards?

    <p>They are willing to award significant amounts when circumstances warrant.</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 the statutes, including prohibited grounds and areas of discrimination.
    • Understand "equal pay for equal work" and "employment equity".
    • Outline remedies available for complainants.
    • Detail human rights issues in hiring, including job ads, applications, and interviews.
    • Understand pre-employment testing, especially medical and drug/alcohol testing.
    • Identify implications of human rights legislation during employment, including the duty to accommodate.

    Understanding Discrimination and Human Rights Complaints

    • Discrimination was once legal in Canada.
    • Human rights legislation now prohibits discrimination in employment, services, and accommodation.
    • Human rights are a key factor throughout employment.
    • Alberta and BC legislation require employers to maintain discrimination- and harassment-free workplaces.
    • Human rights laws apply to individuals and corporations.

    What Constitutes Discrimination?

    • Discrimination is not explicitly defined in the Alberta Act or BC Code.
    • The courts have addressed discrimination, including intentional and unintentional actions.
    • A three-part test establishes discrimination: protected characteristic, adverse impact, and the protected characteristic being a factor in the adverse impact.
    • The employer must justify policies, practices, or conduct if a discrimination claim is made.

    Key Features of Human Rights Legislation

    • Applies to both public and private sectors and individuals.
    • Prohibits discrimination on multiple grounds (similar but not identical in Alberta and BC).
    • Duty to accommodate exists, unless undue hardship for employer.

    Prohibited Grounds of Discrimination in Employment

    • Alberta and BC prohibit discrimination based on grounds including: race, religion, colour, gender, age, ancestry, place of origin, marital status, family status, sexual orientation, physical disabilities, mental disabilities, etc.).
    • Both statutes include some exceptions (if the reason is a Bona Fide Occupational Requirement).
    • "Systemic discrimination" is when neutral policies/practices have a discriminatory effect.

    Overview of Alberta's and British Columbia's Human Rights Legislation

    • The legislation seeks respect, dignity, and equality for all.
    • The Alberta Bill of Rights protected against government abuse.
    • The IRPA, in Alberta, specifically outlawed discrimination.
    • The BC Code came into force in 2018, preventing discrimination on 15 grounds, similar to Alberta.

    What Constitutes Discrimination?

    • The term discrimination is not defined in the statutes but courts have detailed a three-part test to determine when discrimination has occurred.
    • Systemic discrimination is a subtle form where policies/practices have a discriminatory outcome.

    Key Features of Human Rights Legislation

    • The scope of human rights is interpreted quite liberally.
    • Courts and tribunals generally apply remedial legislation, seeking to remedy discrimination.
    • The law prioritizes conciliation and compensation over criminal penalties.

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    Human Rights Issues PDF

    Description

    Test your knowledge on systemic discrimination, human rights legislation, and the Individual's Rights Protection Act (IRPA) in Alberta. This quiz covers key concepts, definitions, and impacts of legislation pertaining to discrimination and rights protection. Challenge yourself to see how well you understand these important legal topics.

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