Labour Law and Discrimination Regulations Quiz

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Questions and Answers

What is one of the required remedies for discrimination according to legislation?

Revise all employee contracts

Enhance the company's profits

Cease the discriminatory policy or behaviour (correct)

Increase recruitment efforts

What must a job description accurately reflect during recruitment?

The averages of salaries in the market

The latest industry trends

The employer’s needs and expectations (correct)

The employer's current vision

What does BFOR stand for in recruitment and hiring practices?

Bona Fide Occupational Requirement (correct)

Business Framework of Operation Rules

Best Financial Operational Resource

Basic Formal Organizational Regulation

Under what condition must an employer accommodate an essential requirement of a job?

Unless it causes undue hardship. Signup and view all the answers

What must an employment agency refrain from doing to comply with the legislation?

Refusing to refer a candidate based on prohibited grounds Signup and view all the answers

Which of the following is NOT a criterion for establishing a BFOR?

Adopted based on anecdotal evidence Signup and view all the answers

What is the consequence of an essential requirement negatively affecting a person on a prohibited ground?

The employer must accommodate if there is no undue hardship. Signup and view all the answers

Which section in BC expressly prohibits discrimination by employment agencies?

Section 13(2) Signup and view all the answers

What is required from an employer when accommodating an employee's disability?

Reassign duties from other jobs Signup and view all the answers

Which of the following is NOT considered a disability under the duty to accommodate?

Recreational drug use Signup and view all the answers

What does accommodation for substance abuse typically include?

Rehabilitation or time off for a program Signup and view all the answers

When accommodating religious beliefs, what may employers need to modify?

Break policies and work schedules Signup and view all the answers

What does the term BFOR refer to in relation to religious accommodations?

Justification for a workplace requirement Signup and view all the answers

What is a key consideration when accommodating family status discrimination?

Requires flexible work arrangements Signup and view all the answers

What legal change occurred in 2008 regarding age discrimination?

Mandatory retirement was prohibited. Signup and view all the answers

What may constitute discrimination based on family status?

Refusing parental leave requests Signup and view all the answers

Under what circumstances can selective drug and alcohol testing occur on the job?

When there is reasonable suspicion of impairment. Signup and view all the answers

In the case of Jodoin v City of Calgary, what aspect of accommodation was addressed?

Diligence in seeking accommodation Signup and view all the answers

What justified previous cases of age discrimination before the legal changes?

Economic reasons and workforce 'renewal'. Signup and view all the answers

Which of the following scenarios does NOT allow for universal random drug testing?

Routine monitoring of employee behavior. Signup and view all the answers

Which of the following is a condition for carrying out on-the-job selective drug testing?

The occurrence of a workplace accident. Signup and view all the answers

Which of the following characteristics is NOT considered a protected characteristic in discrimination cases?

Employment experience Signup and view all the answers

What is the first requirement in the test for prima facie discrimination in hiring?

The complainant was qualified for the job. Signup and view all the answers

In the case of Morrison v AdvoCare, what was the basis for claiming discrimination?

The complainant was a male. Signup and view all the answers

Which of the following characteristics would likely be used to support a claim of discrimination in hiring?

Marital status Signup and view all the answers

What must occur in order to establish a case of prima facie discrimination if the complainant was not hired?

The employer must hire someone with lesser qualifications. Signup and view all the answers

Which of the following is an example of physical disability as a protected characteristic?

Deafness Signup and view all the answers

Under anti-discrimination laws, what does the term 'place of origin' refer to?

Geographical location where a person was born. Signup and view all the answers

Which characteristic is classified as a distinguishing protected characteristic in discrimination law?

Source of income unrelated to employment Signup and view all the answers

What type of harassment involves actions or comments that create a hostile work environment without targeting a specific individual?

Poisoned work environment Signup and view all the answers

Which of the following actions can be considered verbal abuse in the context of harassment?

Making derogatory remarks about someone's belief Signup and view all the answers

Which of these behaviors constitutes sexual harassment if the comments or actions are unwelcome?

Providing sexual favors in exchange for professional benefits Signup and view all the answers

What is the legal standard for determining if harassment has occurred?

If a reasonable person would find the behavior inappropriate Signup and view all the answers

Which of the following is NOT a responsibility of employers in maintaining a harassment-free workplace?

Implementing strict personal relationships Signup and view all the answers

What constitutes sexual solicitation in a workplace setting?

Unwelcome advances from someone in authority Signup and view all the answers

Which of the following is an example of unwanted physical contact in harassment?

Pinching someone during a conversation Signup and view all the answers

Which behavior would likely be considered harassment if it undermines someone's self-confidence?

Using condescension or paternalism Signup and view all the answers

What is the primary purpose of employment standards legislation?

To set minimum terms and conditions of work Signup and view all the answers

Who is bound by employment standards legislation?

Employers of all sizes Signup and view all the answers

Which of the following is NOT a feature of employment standards legislation?

Allows employers unlimited flexibility in contracts Signup and view all the answers

How is enforcement of employment standards legislation primarily carried out?

By employee complaints Signup and view all the answers

What is the minimum vacation pay an employee is entitled to receive during the vacation period?

4% of wages earned during the last 12 months Signup and view all the answers

What happens if an employer promises a benefit greater than what is required by employment standards legislation?

The employer must enforce the promised benefit Signup and view all the answers

Which of the following types of earnings are NOT included when calculating vacation pay?

Unearned bonuses Signup and view all the answers

Which statement about unionized employees is correct in the context of employment standards legislation?

They are covered, but significant benefits are dictated by the collective agreement Signup and view all the answers

How many general holidays are recognized in Alberta?

9 Signup and view all the answers

What is a limitation of the coverage provided by employment standards legislation in Alberta?

It does not cover all employees under its jurisdiction Signup and view all the answers

Which of the following is true regarding the relationship between employment standards legislation and collective agreements?

Employers must not undercut the minimum standards set by legislation Signup and view all the answers

What pay entitlements does an employee have if they work on a general holiday?

1.5x hourly wage plus average day's pay Signup and view all the answers

What is the duration of maternity leave entitlement in Alberta?

16 weeks Signup and view all the answers

What is one requirement for an employee to qualify for maternity leave in Alberta?

Minimum 90 days of continuous employment Signup and view all the answers

How much notice must an employee give before taking maternity leave?

6 weeks Signup and view all the answers

What happens to an employee's right to a general holiday if it occurs during their vacation?

The employee retains their right to the holiday Signup and view all the answers

What is the maximum length of Parental Leave that can be taken in Alberta?

37 weeks Signup and view all the answers

Under what condition can an employer terminate an employee on Parental Leave?

Discontinuation of business Signup and view all the answers

What is the notice period required for an employee to inform their employer about returning from leave?

4 weeks Signup and view all the answers

What is the minimum duration for which employers must maintain employee records?

Three years after the record was made Signup and view all the answers

What is the minimum employment duration required for an employee to qualify for Compassionate Care Leave?

90 days Signup and view all the answers

What type of leave is available for members of the reserve force of the Canadian Forces?

Reservist Leave Signup and view all the answers

Which type of deduction is NOT permitted from an employee's wages?

Unauthorized deductions Signup and view all the answers

How long can Compassionate Care Leave last?

27 weeks Signup and view all the answers

What is the payment timeframe when an employee gives notice that they are leaving?

Within 3 days Signup and view all the answers

What is the minimum wage in Alberta as of 2015?

$15 per hour Signup and view all the answers

For Reservist Leave, what is the maximum number of days per year that can be taken for annual training?

20 days Signup and view all the answers

Which type of leave is designed for employees caring for an ill family member?

Compassionate Care Leave Signup and view all the answers

In Alberta, what is the maximum number of consecutive hours an employee must have off before the next shift?

Eight hours Signup and view all the answers

What conditions allow employees to work more than 12 hours in a day in Alberta?

Urgent work Signup and view all the answers

Which of the following types of deductions requires specific written authorization?

Recovery of wage advance or overpayment Signup and view all the answers

What is the maximum number of consecutive days off from work in Alberta after an employee has worked for 24 days?

Four days Signup and view all the answers

How long should an employee in Alberta be entitled to an eating period during a 5-hour work shift?

30 minutes Signup and view all the answers

What is required for overtime pay eligibility in Alberta?

Working more than 8 hours a day and 44 hours a week Signup and view all the answers

Which of the following is TRUE regarding coffee breaks in Alberta?

If provided, employers must pay for the coffee break time. Signup and view all the answers

What happens to unused paid time off work from banking of overtime if not taken within three months?

Employees must be paid at 1.5 times the overtime rate. Signup and view all the answers

What is the minimum annual vacation entitlement for an employee with less than 5 years in the job?

2 weeks Signup and view all the answers

Under which circumstance can an employer require an employee to work longer without a break in Alberta?

During peak work times Signup and view all the answers

What conditions apply to the entitlement of annual vacation for employees in Alberta?

Employees lose vacation days upon absence. Signup and view all the answers

What is the alternative to receiving overtime pay that an employer and employee may agree upon?

Paid time off work Signup and view all the answers

Study Notes

Employment Standards Legislation in Alberta

Sets minimum employment standards, displacing common law principles.
Covers 90% of Alberta employees, but not universally applicable.
Cannot be undercut by employment or collective agreements.
Unionized employees are covered; most significant benefits are usually covered in the collective agreement.
If an employer promises a higher benefit than the Act, it will be enforced only for that specific benefit.
Enforcement is complaint-based and applies to all employers regardless of size.

Record Keeping

Employers must keep accurate written records of employees for at least three years after the record's creation.
Records must be readily available for inspection by an Employment Standards Officer.
Keeping proper records can protect employers from unjustified claims.

Wages

Employers must establish regular pay periods and pay days.
Partial payment is prohibited.
Payment can be made in cash, cheque, or direct deposit.
Five types of deductions are allowed: statutory, court-ordered, authorized by a collective agreement, with specific written authorization, or for wage advance or overpayment recovery.
Upon termination, payment must be made within three days if notice is given and within ten days if no notice is provided.

Minimum Employment Standards

Minimum wage: employers must pay at least the prescribed minimum wage.
Hours of work and rest: employees must have at least eight hours off between shifts and one day of rest per week, with some exceptions for emergency situations and continuous work cycles.
Overtime: employers must pay at least 1.5 times the regular rate for hours worked beyond eight hours per day or 44 hours per week, with some exceptions for specific occupations.
Vacation: employees are eligible for two weeks of vacation after one year of continuous service, increasing to three weeks after five years.
Statutory leaves: employees are eligible for various leaves including maternity, parental, reservist, compassionate care, and other leaves.

Minimum Wage

Minimum wage in Alberta was raised to $15 in 2015.
Alberta implements a "three-hour rule."

Overtime

Employers can opt to provide paid time off in lieu of overtime pay, at a one-to-one ratio.
If time off is not used within three months, overtime pay must be calculated at 1.5 times the regular rate.

Annual Vacation

Vacation pay must be at least 4% of wages earned during the qualifying period, excluding overtime earnings (unless a specific agreement is in place) and bonuses.
Employers can designate a common anniversary date for vacation purposes.

General Holidays

Nine legal holidays exist, plus any others designated by legislation.
Employers and employees can agree to substitute alternate days off.
If an employee is asked to work on a general holiday, they are entitled to 1.5 times their regular wage for up to 12 hours worked, plus their average day's pay, or their regular hourly rate for each hour worked plus an additional day's pay.

Maternity Leave

16 weeks of unpaid leave, paid by EI.
Leave can begin as early as 13 weeks before the anticipated delivery date.
At least six weeks must be taken immediately following the birth, unless the mother has a medical certificate.

Parental Leave

Employees are eligible for up to 37 consecutive weeks of unpaid leave within 53 weeks of birth or adoption.
Leave applies to both parents, but not at the same time.
Employees may be eligible for EI benefits.

Reservist Leave

Applies to members of the Canadian Forces Reserves with at least 26 weeks of employment with the employer.
Offers unpaid, job-protected leave for deployments and up to 20 days per year for annual training.

Compassionate Care Leave

Provides job-protected, unpaid leave for up to 27 weeks to care for an ill family member.
Requires a certificate from a qualified health practitioner.

Other Leaves

Additional leaves include disappearance of a child, critical illness of a child, long-term illness and injury, domestic violence, personal and family responsibility, and bereavement leave.

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Description

Test your knowledge on employment legislation and discrimination remedies with this quiz. It covers key concepts like BFOR, job descriptions, and accommodation requirements in the workplace. Perfect for students and professionals looking to deepen their understanding of labour laws.