Overview of Legislation on Discrimination
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Questions and Answers

Under what conditions can discrimination be legally allowed in the workplace?

  • When it is decided by a majority vote.
  • When it promotes employee satisfaction.
  • When it is based on a bona fide occupational requirement. (correct)
  • When it benefits the organization's revenue.

    • What should employers ensure about job descriptions during recruitment?

  • They should include all possible responsibilities.
  • They should accurately reflect the employer's needs. (correct)
  • They should prioritize salary information.
  • They should be vague to attract more candidates.

    • When can an employer refuse accommodation for an essential job requirement?

  • If it is based on age criteria.
  • If the employee has previous complaints.
  • If it helps increase job satisfaction.
  • If it causes undue hardship to the employer. (correct)

    • What constitutes undue hardship when providing accommodations?

    <p>Uncontrollable costs and serious disruptions</p> Signup and view all the answers

    Which factor is NOT considered when assessing undue hardship?

    <p>Employee preferences</p> Signup and view all the answers

    What is the purpose of Safety Data Sheets (SDSs)?

    <p>To provide information on hazardous materials.</p> Signup and view all the answers

    What is the primary step that should be taken to start the accommodation process?

    <p>Gather medical information with consent</p> Signup and view all the answers

    What is the employer's responsibility regarding monitoring accommodations?

    <p>Monitor frequently and adjust as necessary</p> Signup and view all the answers

    What type of substance use is considered a disability for accommodation purposes?

    <p>Substance abuse leading to dependency</p> Signup and view all the answers

    What should be documented during the accommodation process?

    <p>Alternatives considered and reasons for their rejection</p> Signup and view all the answers

    Which is true regarding last chance agreements in the context of substance abuse accommodation?

    <p>They can clarify expectations for continued employment</p> Signup and view all the answers

    Which situation does not permit on-the-job selective drug and alcohol testing?

    <p>Routine health checkups for all employees</p> Signup and view all the answers

    What is an example of harassment?

    <p>Making derogatory remarks about a colleague's appearance</p> Signup and view all the answers

    What must occur for universal random testing to be carried out?

    <p>Evidence of reasonable cause or necessity must be present</p> Signup and view all the answers

    Which of the following is classified as prohibited behavior associated with harassment?

    <p>Displaying offensive images</p> Signup and view all the answers

    In which scenario is universal random testing not justified?

    <p>In the absence of serious drug/alcohol issues</p> Signup and view all the answers

    What approach should be taken if a drug test results in a positive outcome?

    <p>Sanctions tailored to the specific circumstances</p> Signup and view all the answers

    Which of these describes a situation that could justify drug and alcohol testing in trucking companies operating in the U.S.?

    <p>Requirement under American law</p> Signup and view all the answers

    Which action is an example of intimidation that could be considered harassment?

    <p>Leering or making objectionable gestures</p> Signup and view all the answers

    Which accommodation might be necessary for employees related to pregnancy?

    <p>Temporary relocation</p> Signup and view all the answers

    What aspect of employment may the duty to accommodate include concerning family status?

    <p>Eldercare and childcare responsibilities</p> Signup and view all the answers

    What is one of the basic duties that applies to all workers, regardless of their role?

    <p>To work in compliance with statutes and regulations</p> Signup and view all the answers

    What is a responsibility of workers in relation to their own capability to work?

    <p>To ensure their work is not impaired by substances like alcohol or drugs</p> Signup and view all the answers

    What is a key obligation of all workers regarding the conduct in the workplace?

    <p>Not to engage in horseplay or acts that may endanger themselves or others</p> Signup and view all the answers

    Which statement best describes the obligation of workers to cooperate with Joint Health and Safety Committee(JHSC)?

    <p>They must cooperate with the Joint Health and Safety Committee in safety efforts</p> Signup and view all the answers

    Under which condition can an employer legally terminate an employee on maternity leave?

    <p>If the business is discontinued</p> Signup and view all the answers

    Which of the following is NOT a step in the accident investigation procedures?

    <p>Immediately initiate disciplinary action</p> Signup and view all the answers

    During an accident investigation, which of the following actions should NOT be taken?

    <p>Alter the site to facilitate the investigation</p> Signup and view all the answers

    What is one of the rights of workers concerning workplace safety?

    <p>Right to know about hazards in the workplace</p> Signup and view all the answers

    What is a primary function of the Joint Health and Safety Committee (JHSC)?

    <p>To consult on safety matters and advise on risks</p> Signup and view all the answers

    Under what circumstance is discrimination deemed reasonable and justifiable?

    <p>When it meets the test for a bona fide occupational requirement</p> Signup and view all the answers

    Which of the following is a potential remedy for a successful discrimination complaint?

    <p>Cease discriminatory policies immediately</p> Signup and view all the answers

    What constitutes 'undue hardship' for an employer regarding accommodation?

    <p>A significant disruption to the operations of the business</p> Signup and view all the answers

    What kind of requirements must be accommodated by employers up to the point of undue hardship?

    <p>Essential job requirements that negatively affect individuals</p> Signup and view all the answers

    What constitutes systemic discrimination in the workplace?

    <p>A web of neutral policies that produce discriminatory effects</p> Signup and view all the answers

    What must a complainant demonstrate to prove discrimination under the legal test?

    <p>A protected characteristic affected the workplace outcome</p> Signup and view all the answers

    Which of the following best describes the concept of shared responsibility in workplace safety?

    <p>Every workplace party has a duty to ensure a healthy and safe workplace</p> Signup and view all the answers

    What is the primary function of employment standards legislation?

    <p>To set minimum terms and conditions of work</p> Signup and view all the answers

    In what way does employment standards legislation affect unionized employees?

    <p>Employers cannot go below the minimums in the employment standards legislation, even where there is a collective agreement.</p> Signup and view all the answers

    What is the minimum duration of continuous employment required for an employee to qualify for maternity leave in Alberta?

    <p>90 days</p> Signup and view all the answers

    Undue hardship can be defined as creating onerous conditions and intolerable costs.

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

    Substantial interference with the rights of other individuals is not a factor considered when assessing undue hardship.

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

    Purely recreational use of drugs is considered a disability for accommodation purposes.

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

    Employers are required to document all facets of the accommodation process, including alternatives considered.

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

    Time off to attend a rehabilitation program is not considered a typical form of accommodation for substance abuse.

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

    In Alberta, supervisory roles are solely responsible for the health and safety of workers without any obligations towards the workers themselves.

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

    Cooperating with Joint Health and Safety Committee (JHSC) is an obligation that applies only to workers and not to supervisors.

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

    The primary goal of the Occupational Health and Safety Act (OHSA) is to prevent injuries and diseases in the workplace.

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

    Documenting the investigation process is optional in occupational health and safety protocols.

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

    Keeping an open mind is vital during the assessment of workplace incidents.

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

    Study Notes

    Overview of Legislation:

    • Discrimination: Laws allow discrimination when it is based on a bona fide occupational requirement (BFOR).
    • Special Exemptions: Some exceptions exist for age and marital status in pension plans and insurance (AB), and for non-profit organizations promoting the interests of a specific group (BC).
    • Complaint Process:
      • Filing time limit: 1 year in AB, 6 months in BC.
      • Complaint is reviewed for completeness and initial merit.
      • Respondent must respond to allegations within a set time, or orders may be issued.
      • Settlements are attempted, investigations may occur in AB.
      • Human rights tribunal hears the case.

    Overview of Legislation: Remedies

    • Cease Discriminatory Practices: Stop the discriminatory policy or behavior.
    • Refrain from Future Discrimination: Promise not to engage in the same acts again.
    • Award Lost Opportunities: Provide the complainant with opportunities or privileges lost due to discrimination.
    • Compensation: Compensate for lost wages, income, or expenses.
    • Other Actions: Take any actions deemed necessary to put the complainant in the position they would have been in without discrimination.

    Essential Requirements of the Job

    • Job Description: Should be up-to-date, accurately reflect employer needs, and identify essential job requirements.
    • Accommodation: Employers must accommodate individuals affected by a prohibited ground, up to the point of undue hardship (for the employer).

    Undue Hardship

    • Definition: Accommodation creates burdensome conditions, excessive costs, or significant disruption.
    • Factors Considered: Financial cost, employer size and resources, operational disruption, employee morale, interference with other individuals' rights, workforce/facility interchangeability, and health/safety concerns.

    Duty to Accommodate Disability

    • Process: Gather medical information (with consent), consult with the employee, supervisor, and union.
    • Alternatives: Modify existing job requirements or explore other available positions.
    • Assessment: Evaluate the undue hardship of proposed accommodations.
    • Implementation & Monitoring: Implement the accommodation and frequently monitor effectiveness.
    • Document: Document all aspects of the accommodation process, including alternatives considered and rejection reasons.
    • Confidentiality: Maintain confidentiality throughout the process.

    Duty to Accommodate Substance Abuse

    • Substance Abuse as Disability: Substance abuse is considered a disability.
    • Purely Recreational Use: Recreational drug or alcohol use isn't a disability.
    • Accommodation: Usually involves offering rehabilitation or time off for programs (not endless absences).
    • Last Chance Agreements: May be used to address ongoing substance abuse issues.

    On-the-Job Drug and Alcohol Testing

    • Pre-Employment Testing: Prohibited.
    • Selective Testing: May be conducted with reasonable suspicion of impairment, after a workplace accident, as part of a rehabilitation plan, or in certain industries (e.g., trucking).
    • Universal Random Testing: May be permitted if there is reasonable cause or necessity (e.g., high-risk workplaces).
    • Positive Test Results: Tailor sanctions to circumstances, termination is not automatic.

    Harassment

    • Prohibition: Harassment is prohibited when it relates to a protected ground in AB and BC.
    • Hateful Conduct: The law prohibits public displays intended to incite hatred or contempt against individuals or groups.
    • Examples of Harassment: Verbal or physical abuse, threats, offensive remarks, displays of offensive materials, unwelcome invitations, intimidating behavior, unwanted physical contact, condescension, and paternalism.

    Right to Refuse Unsafe Work

    • Reasonable Belief of Hazard: Workers have the right (and duty) to refuse work deemed unsafe.
    • Conditions: Refusal is justified if there is a reasonable belief of undue hazard (BC) or imminent danger (AB) to themselves or others.
    • Factors: Equipment condition, workplace conditions, violation of OHS legislation.
    • Occupations with Restrictions: Some inherently dangerous occupations may have specific limitations.
    • Protection from Retaliation: Employees cannot be fired or penalized for exercising their right to refuse.

    Right to Refuse Unsafe Work (cont'd)

    • Stage 1: Worker informs supervisor of the reason for refusal. Supervisor must investigate and either remedy the situation or inform the worker if the refusal is unjustified.
    • Stage 2: In BC, the worker can request a further investigation with supervisor, JHSC member, or union rep. In AB, a complaint is filed with an OHS officer, leading to an investigation.
    • Stage 3: In BC, if there is no resolution at Stage 2, both employer and worker notify a WCB officer, who investigates.

    Right to Know: WHMIS

    • Worker's Right to Know: Workers have the right to know about potential workplace hazards.
    • WHMIS Application: Applies to all industries and workplaces.
    • Employer Responsibilities:
      • Maintain an inventory of hazardous materials.
      • Label hazardous materials.
      • Prepare and maintain Safety Data Sheets (SDSs).
      • Provide training for workers exposed to or potentially exposed to hazards.

    Administration of the Legislation: Inspections

    • Inspection Triggers: Inspections can be triggered by incidents or occur randomly.
    • Inspector Powers: Inspectors have broad rights, including:
      • Access to workplaces without a warrant.
      • Conducting tests at employer's expense.
      • Requesting worker and employer identification.
      • Questioning individuals at the workplace.
      • Private conversations with workers.
      • Demanding documents.
      • Removing equipment, machines, or devices for testing.
      • Issuing stop work orders.

    Due Diligence Defense

    • Strict Liability: OHS offenses hold strict liability, meaning intent or negligence aren't required for conviction.
    • Due Diligence: Showing that all reasonable precautions were taken to prevent an offense.
    • Elements of a Due Diligence Program:
      • Designated senior manager responsible for compliance.
      • Health and safety policy.
      • Safety orientations.
      • Regular safety inspections.
      • Monthly safety meetings.
      • Employer support for and response to the JHSC.
      • Additional actions listed on page 325.

    Penalties

    • Administrative Penalties: Apply to both individuals and corporations ("persons").
    • BC Fines: Maximum first conviction fine: 724,644.41+724,644.41 + 724,644.41+36,232.25 per day of continued offense. Maximum subsequent conviction: 1,449,288.80+1,449,288.80 + 1,449,288.80+72,434.44 per day.
    • AB Fines: First conviction: 500,000+500,000 + 500,000+30,000 per day. Subsequent conviction: 1,000,000+1,000,000 + 1,000,000+60,000 per day.
    • Inflation Adjustments: WCB updates these amounts annually to match inflation.

    Criminal Liability of Organizations

    • Criminal Code: Failing to take reasonable steps to prevent bodily harm in the workplace is a crime.
    • Organizational Liability: Organizations are liable for individual or combined actions of employees.
    • Senior Officer Liability: Organizations are liable for actions of senior officers, members, agents, and employees.
    • Offense Classifications: Summary convictions carry fines under $100,000, while indictable offenses are more serious, carrying no maximum fine and potential life imprisonment.

    Minimum Employment Standards

    • Minimum wage: Employers must pay at least the minimum wage as prescribed by regulations. General and special conditions apply to specific worker types. In Alberta, the minimum wage was raised to $15 in 2015, the highest in Canada. Alberta has a "three-hour rule."
    • Hours of work and rest: In Alberta, employees must have eight consecutive hours off work between shifts and at least one day of rest each week (or multiple days for a total of 24 days, followed by four consecutive days of rest). This can be modified to accommodate the needs of employers with continuous work cycles. Considerations are made for refusal to work on a specified day for religious reasons.
    • Overtime: "Maximum hours of work" and "overtime" are separate issues. Employees can be required to work up to 12 hours a day or longer in certain circumstances: emergencies, urgent work, unforeseeable/unpreventable circumstances, or with a permit issued by the director of employment standards.
    • Eating Periods: Employees must have a half-hour period to eat every five hours worked. This can be paid or unpaid. If unpaid, employees are not required to stay on premises. Employers can, in certain circumstances, require employees to work longer than five hours without a break.
    • Coffee Breaks: There is no legal obligation for employers to provide coffee breaks. If they do, employers must pay for the break, and the employee must remain at the workplace.

    Worker Duties

    • All workers (including managers and supervisors) have responsibilities under labor laws:
      • Work in compliance with legislation and regulations.
      • Use protective devices or clothing as required.
      • Report workplace hazards, including missing or defective equipment.
      • Avoid engaging in horseplay or conduct that may endanger themselves or others.
      • Ensure their ability to work is not impaired by alcohol, drugs, or other substances.
      • Cooperate with the Joint Health and Safety Committee (JHSC).
      • Cooperate with Occupational Health and Safety (OHS) officers.

    Supervisor Duties in Alberta

    • Alberta OHSA does not make specific mention of supervisors, but their obligations include:
      • Those of the employer (as their agent)
        • Ensure the health and safety of workers, so far as is reasonably practicable.
        • Ensure workers are aware of their rights and responsibilities.
      • Those of the worker
        • Take reasonable care to protect the health and safety of themselves and other workers.
        • Collaborate with the employer to protect the health and safety of all individuals present at the worksite (including workers and other individuals).

    Supervisor Duties in British Columbia

    • In British Columbia, the Occupational Health and Safety Regulation (OHSR) defines specific duties for supervisors:
      • Ensure the safety of workers they supervise.
      • Know and comply with the Workers Compensation Act (WCA) and OHSR rules relevant to their workplace.
      • Ensure workers are aware of all health and safety hazards.
      • Work with the JHSC.
      • Cooperate with WorkSafeBC (WCB) officers.

    Administration of the Legislation: Inspections

    • Inspections can be triggered by an incident or occur randomly.
    • Inspectors have broad powers, including the right to, without a warrant:
      • Enter the workplace at any time.
      • Conduct tests at the employer’s expense.
      • Request identification information from workers and employers at work sites.
      • Question anyone in the workplace.
      • Speak to any worker privately.
      • Compel the production of documents.
      • Remove equipment, machines, or devices for testing.
      • Issue stop work orders.

    Due Diligence Defence

    • Offences under Occupational Health and Safety (OHS) legislation are considered strict liability, meaning intent or negligence are not required for conviction.
    • Due diligence involves demonstrating that every reasonable precaution was taken to prevent an incident.
    • A due diligence health and safety program should include:
      • A designated senior manager responsible for compliance.
      • A health and safety policy.
      • Safety orientations.
      • Regular safety inspections.
      • Monthly safety meetings.
      • Employer support for and response to the JHSC.
      • Other actions outlined in page 325 of the related text.

    Penalties

    • Administrative Penalties:
      • Fines apply to both individuals and corporations (both considered "persons").
      • In British Columbia:
        • Maximum fine for a first conviction: 724,644.41+724,644.41 + 724,644.41+36,232.25 for each day the offense continues.
        • Maximum fine for a subsequent conviction: 1,449,288.80+1,449,288.80 + 1,449,288.80+72,434.44 per day.
      • In Alberta:
        • Fine for a first conviction: 500,000+500,000 + 500,000+30,000 per day.
        • Fine for a subsequent conviction: 1,000,000+1,000,000 + 1,000,000+60,000 per day.
    • Criminal Liability of Organizations:
      • The Criminal Code makes it illegal for organizations to fail to take reasonable steps to prevent bodily harm arising from work.
      • Organizations can be held liable for both individual actions and the combined effects of actions by multiple employees.
      • Organizations can be liable for the actions of senior officers, members, agents, and employees.
      • A summary conviction (less serious) can result in fines under $100,000.
      • An indictable offence (more serious) can result in no maximum fine and potential life imprisonment.

    Emergency Response: Planning for a Pandemic

    • While OHS legislation doesn't currently mandate pandemic preparedness, pandemic safety measures are required.
    • Elements of a pandemic plan include:
      • Providing credible, up-to-date information.
      • Screening customers, suppliers, and the public.
      • Minimizing interaction by practicing social distancing.
      • Avoiding unnecessary travel.
      • Altering physical workspace layouts.
      • Providing personal protective equipment.
      • Implementing higher standards of cleanliness.
      • Modifying absence management policies.
      • Increasing stocks of critical supplies.
      • Encouraging working from home where feasible.

    Privacy

    • Privacy of personal information is a relatively new concern.
      • In the past, privacy was often protected by the practical difficulties in compiling records.
      • Today, sensitive, personal information can be compiled, analyzed, transferred, and manipulated quickly and easily.
      • Privacy is paramount in the modern world.
      • Employers can be held vicariously liable for privacy invasions by employees during their work.
    • The Personal Information Protection and Electronic Documents Act (PIPEDA), a federal law, outlines rules for how organizations may collect, use, and disclose personal information.

    What is "Personal Information"?

    • Personal information is defined as information about an identifiable individual. It includes:
      • Age, sex, religion, ethnicity, opinions, photographs.
      • ID numbers, home address, residential phone number, personal email address, web browsing information.
      • Purchasing and spending habits, income, credit records, loan records.
      • Disciplinary actions, employee files, pay, benefit records.
      • Blood type, medical records.

    General Holidays

    • General holiday pay must equal at least the amount of an average day’s pay
    • If an employer asks an employee to work on a general holiday, the employee is entitled to receive 1.5x their regular wage (up to 12 hours), plus their average day’s pay or their regular hourly wage rate for each hour worked, plus one day’s holiday pay

    Maternity Leave

    • In Alberta, maternity leave is 16 weeks and paid for by the Federal government through Employment Insurance
    • Leave can commence up to 13 weeks before the anticipated delivery date
    • The leave must include at least 6 weeks immediately following the birth unless a medical certificate can be obtained
    • To qualify, employees must have at least 90 days of continuous employment with the employer
    • Employees are generally required to give 6 weeks of advance notice
    • Leave must be taken consecutively, but can be extended if the infant’s medical condition requires continued care from the mother

    Parental Leave

    • In Alberta, parental leave is up to an additional 37 consecutive weeks within 53 weeks after birth or adoption placement
    • Applies to both parents, but not at the same time
    • Minimum 90 days of continuous employment required to qualify
    • It is not paid by the employer under the Employment Standards Act, but employees may be able to claim benefits under the Employment Insurance Act

    Maternity and Parental Leave - Employer Responsibilities

    • An employer is prohibited from terminating or laying off an employee during leave, unless the business is discontinued
    • The employee must provide the employer with at least 4 weeks of written notice before their expected return date

    Reservist Leave

    • This applies to members of the reserve force of the Canadian Forces
    • Employees must have at least 26 consecutive weeks of employment with the employer to qualify
    • It provides unpaid, job-protected leave: when deployed and up to 20 days per year for annual training

    Duties of Others

    • Prime Contractors must ensure coordination of all parties at the workplace in complying with the Workers' Compensation Act (WCA)
    • Owners must provide and maintain a premise that is being used as a worksite in a way that ensures health and safety and compliance with the WCA, Occupational Health and Safety Regulations (OHSR) and other regulations and orders
    • Suppliers must provide tools and equipment that are in safe operating condition and ensure that these and designated substances or hazardous materials comply with the WCA and regulations
    • Officers and Directors must take all reasonable measures to ensure compliance with the Act, Regulations and any orders

    Workers' Rights

    • Right to Participate in the health and safety process
    • Right to Refuse unsafe work
    • Right to Know about workplace hazards

    Right to Participate in Health and Safety: Joint Health and Safety Committees (JHSC)

    • A JHSC is an advisory group of worker and management representatives who meet regularly to discuss health and safety concerns, review progress, and make recommendations
    • JHSCs are mandatory for workplaces of 20 or more employees or where the Workers' Compensation Board (WCB) orders one
    • At least half of the JHSC members must be workers (the employer cannot hold the majority)
    • The employer cannot interfere with the choice of the worker representative to the committee

    JHSC Responsibilities

    • Identify unhealthy or unsafe work situations and advise on systems for addressing risks
    • Consult with workers and employers on safety matters
    • Advise the employer on programs and policies to improve workplace health and safety
    • Participate in health and safety inspections, investigations, and inquiries, including responses to complaints. In Alberta, JHSC committees have the statutory right to conduct investigations

    Discrimination

    • Refusal, limitations, specifications or preferences are allowed when based on a bona fide occupational requirement (BFOR)
    • An alleged contravention of the Act is considered reasonable and justifiable in the circumstances
    • Special exemptions on the grounds of age and marital status for pension plans and insurance in Alberta
    • Special exemptions in BC for organizational membership where the organization is not for profit and has the aim of promoting the interests and welfare of an identifiable group

    Making a Discrimination Complaint

    • Must be filed within the time limit (AB: 1 year since incident; BC: 6 months since incident)
    • Application is reviewed for completeness, jurisdiction, and initial merit
    • Respondents are sent a copy of the complaint and given a time limit to respond to the allegations. If no response, the complaint proceeds to review and orders may be made against the respondent
    • Settlement attempts are made and investigations may occur in AB
    • The case is heard by a human rights tribunal

    Remedies for Discrimination

    • Cease discriminatory policy or behaviour
    • Refrain from engaging in the same acts in the future
    • Award the complainant opportunities or privileges that were lost as a result of the discrimination
    • Compensate the complainant for lost wages, income or expenses
    • Take any other action that the tribunal considers proper to put the complainant in the position he or she would have been in but for the discrimination

    Essential Requirements of the Job

    • Employers recruiting should ensure a job description is current, accurately reflects the employer’s needs and expectations, and identifies the essential requirements of the job.
    • If an essential requirement of the job negatively affects a person on a prohibited ground, the employer must accommodate to the point of “undue hardship” (for the employer)

    Workplace Violence and Bullying

    • Violence is defined as threatened, attempted or actual conduct that is likely to cause physical injury
    • Employers must address incidents of violence and take steps to prevent violence by:
      • Conducting a risk assessment for workplace violence
      • Instructing workers regarding how to identify and respond to violence
      • Creating a written policy with procedures for reporting, investigating and documenting incidents
      • Developing appropriate responses to violence

    Workplace Violence and Bullying (cont'd)

    • Harassment is defined as any unwanted physical or verbal behaviour that offends or humiliates, that persists over time or is a serious one-time incident
    • In 2013, BC expanded the scope of “violence” to include bullying and harassment. Employers must hold workshops for all employees on avoiding bullying and harassment
    • In 2018, AB added harassment as a workplace hazard. Employers must conduct harassment hazard assessments and implement measures to eliminate/control harassment. They must also provide training to workers to recognize, prevent and respond to harassment

    External Health and Safety Standards

    • The Alberta Occupational Health and Safety (OHS) Code and BC Occupational Health and Safety Regulation (OHSR) are extensive detailed standards applicable to all employers or to specific industries, occupations, and trades.
    • Industry-specific standards and regulations may address a wide range of subjects, such as procedures for operating and maintaining, ventilation, temperature, cleanliness, exposures to chemicals, etc. Enforcement is a key issue

    Accident Investigation Procedures

    • Investigate the accident as soon as possible after the injured worker receives medical attention
    • Prepare and file a Workers' Compensation Board (WCB) report
    • Obtain a statement from the injured worker where possible
    • Examine equipment, take photographs and samples
    • Interview all witnesses
    • Have someone witness the interviews
    • Prepare and have witness statements signed
    • Do not tamper with the site
    • Develop and implement a remedial action plan
    • During an OHS investigation, consider the right to counsel

    Emergency Response: Planning for a Pandemic

    • While OHS legislation does not currently require pandemic preparedness, pandemic safety measures are required
    • Components of a pandemic plan:
      • Provide credible, up-to-date information
      • Screen customers, suppliers and the public
      • Minimize interactions (social distancing) by avoiding unnecessary travel
      • Alter physical workspace to ensure social distancing
      • Provide personal protective equipment
      • Increase standards of cleanliness
      • Build up extra stocks of critical supplies
      • Implement work from home policies
      • Make changes to absence management policies

    Privacy

    • The privacy of personal information is a relatively new issue. While privacy was once protected by the practical difficulties in compiling records, today the vast amount of sensitive personal information can be compiled, analyzed, transferred and manipulated in nanoseconds. privacy concerns are paramount. Employers can be vicariously liable for privacy invasions carried out by their employees in the course of their duties
    • The Personal Information Protection and Electronic Documents Act (PIPEDA) is a federal law that sets out how organizations may collect, use, and disclose personal information

    What is "Personal Information"?

    • "Personal Information" is information about an identifiable individual and includes such things as:
      • Age, sex, religion, ethnicity, opinions, photographs
      • ID numbers, home address, residential phone number, personal email address, web browsing
      • Purchasing and spending habits, income, credit records, loan records
      • Disciplinary actions, employee files, pay, benefit records
      • Blood type, medical records

    Discrimination and Harassment in the Workplace

    • Employers must maintain workplaces free from discrimination and harassment, including hiring, training, transfers, promotions, compensation, performance evaluations, discipline, termination, and layoffs.
    • Discrimination does not need to be intentional—the effect of the action is what matters.
    • For a discrimination claim:
      • The complainant must have a characteristic protected by the legislation.
      • The complainant must have experienced a negative consequence.
      • The protected characteristic must have been a factor in the consequence.
    • Systemic discrimination occurs when policies and practices are neutral on their face but have discriminatory effects.

    Human Rights Legislation Overview

    • The legislation covers areas like publications, goods or services, accommodation, tenancies, employment practices, trade union membership, and occupational associations.
    • Employment-related complaints make up 65% of claims in BC and 85% in AB.

    Protected Grounds

    • Both Alberta and BC protect individuals from discrimination based on the following grounds:
      • Race
      • Religious beliefs
      • Colour
      • Sex
      • Sexual Orientation
      • Physical Disability
      • Mental Disability
      • Age
      • Ancestry

    Drug and Alcohol Testing in the Workplace

    • Pre-employment drug and alcohol testing is prohibited.
    • On-the-job testing is allowed in specific situations:
      • Reasonable suspicion of impairment.
      • Workplace accident or incident involving the employee.
      • Employee rehabilitation or return-to-work plan.
      • Trucking companies operating in the US (American law compliance).
    • Universal random testing is allowed with evidence of reasonable cause or necessity, or in extremely dangerous workplaces.
    • Positive test results should not automatically lead to termination.
    • Sanctions should be tailored to individual circumstances.

    Workplace Harassment

    • Harassment is prohibited in both Alberta and BC, particularly when associated with a protected ground.
    • The legislation prohibits any public display likely to expose a person or group to hatred or contempt.
    • Examples of prohibited behaviour include:
      • Verbal or physical abuse
      • Threats, derogatory remarks, jokes, innuendo, or taunts about appearance or beliefs.
      • Display of pornographic, racist, or offensive images.
      • Practical jokes that cause awkwardness or embarrassment.
      • Unwanted invitations or requests (explicit or implied).
      • Intimidation, leering, or other objectionable gestures.
      • Condescension or paternalism that undermines self-confidence.
      • Unwanted physical contact including touching, patting, pinching, or punching.

    Employment Standards Legislation

    • Sets minimum terms and conditions of employment
    • Establishes minimum requirements for termination including notice and pay
    • Applies to almost all employees in Alberta
    • Cannot be superseded by employment or collective agreements
    • Unionized employees are covered, however, most benefits are covered by their collective agreements
    • Employer promises of greater benefits than provided by the Act will be enforced, so long as it relates to a specific benefit under the Act
    • Enforced on a complaint-based system
    • Applies to employers regardless of size

    Record Keeping

    • Employers must maintain accurate written records about employees
    • Most records must be saved for three years from the date they were made
    • All records must be available for inspection by an Employment Standards Officer
    • Can help protect employers from unjustified claims

    Wages

    • Employers must establish a regular pay period and pay day.
    • Partial payments are prohibited.
    • Acceptable forms of payment include cash, cheque, or direct deposit.
    • Five types of deductions are allowed:
      • Statutory deductions (e.g. income tax)
      • Court-ordered deductions
      • Authorized by a collective agreement
      • Deductions with specific written authorization
      • Recovery of wage advances or overpayments
    • If notice is given upon termination, payment must be made within 3 days.
    • If no notice is given by the employee, payment must be made within 10 days.

    General Holidays

    • Employees must be paid double their regular wage for working on a general holiday.
    • If the employer asks an employee to work on a general holiday, the employee is entitled to:
      • 1.5x their regular pay (up to 12 hours) plus their regular day's pay; or
      • Their regular hourly wage for each hour worked plus one day of holiday pay.

    Maternity Leave

    • Employees are entitled to 16 weeks of maternity leave.
    • Paid by the Canadian government through employment insurance (EI).
    • Leave can commence up to 13 weeks before the anticipated delivery date.
    • Must include at least 6 weeks immediately following the birth.
    • Requires at least 90 days of continuous employment to qualify.
    • Employees must normally give 6 weeks of advance written notice.
    • Leave must be taken consecutively.

    Parental Leave

    • Employees are entitled to an additional 37 consecutive weeks within 53 weeks after birth or adoption placement.
    • Applies to both parents but not at the same time.
    • Requires a minimum of 90 days of continuous employment.
    • Not paid by the employer but employees may be able to claim under EI.

    Maternity and Parental Leave

    • Employers cannot terminate or lay off employees during leave.
    • Employees must provide written notice at least 4 weeks before the resume date.

    Reservist Leave

    • Applies to members of the Canadian Forces Reserves.
    • Requires at least 26 weeks of consecutive employment.
    • Provides unpaid, job-protected leave:
      • During deployment; and
      • Up to 20 days per year for annual training.

    Discrimination and Human Rights Complaints

    • Employers must maintain a workplace free of harassment and discrimination.
    • Applies to the entire employment relationship:
      • Hiring, training, transfers, promotions, compensation, performance evaluations, discipline, terminations, layoffs, etc.
    • Governed under the "Alberta Human Rights Act" and "BC Human Rights Code"

    Discrimination

    • Discrimination doesn't need to be intentional.
    • Legal test for proving discrimination:
      • Complainant has a protected characteristic.
      • Complainant experiences an adverse impact in their employment.
      • Protected characteristic was a factor in the adverse impact.
    • Systemic discrimination occurs when policies/practices, although neutral on their face, have discriminatory effects.

    Overview of Legislation: Areas Covered

    • Publications and notices.
    • Goods or property, services, accommodation (housing and facilities).
    • Tenancies.
    • Employment practices including equal pay and advertisements.
    • Membership in trade unions and occupational associations.

    Overview of Legislation: Protected Grounds

    • Alberta and BC:
      • Race, Religious beliefs, Colour, Gender, Sexual orientation
      • Physical and Mental disability
      • Age, Ancestry, Place of origin, Marital status, Family status
      • Gender identity, Gender expression, Source of income
    • BC only:
      • Political belief, Criminal or summary conviction unrelated to employment

    Discrimination in Hiring

    • Morrison v. AdvoCare:
      • Male care aide was refused employment twice.
      • Court determined whether the refusal to hire was discrimination based on sex.
    • Test for prima facie discrimination in hiring:
      • Complainant was qualified for the job;
      • Complainant was not hired, and either:
        • Someone not better qualified but lacking the protected characteristic was hired, or
        • The employer continued to seek applicants with the complainant's qualifications.

    Equal Pay for Equal Work

    • Requires employees of any sex to be paid the same rate for the same or substantially similar work.
    • Does not require pay equity, which is the concept that different jobs are equal in value.
    • Does not require employment equity, which is legislation that requires employers to address underrepresentation of groups through planned hiring.

    On-the-Job Drug and Alcohol Testing

    • Pre-employment testing is prohibited.
    • On-the-job testing is allowed in the following situations:
      • Reasonable suspicion of impairment.
      • Employee involved in an accident or incident.
      • Agreed rehabilitation or return-to-work plan.
      • Working for a trucking company in the US.
    • Universal random testing is allowed in the following situations:
      • Evidence of reasonable cause or necessity (rampant drug/alcohol use).
      • Extremely dangerous workplace (e.g. nuclear power facility).
    • If a test is positive, the sanction should be tailored to the circumstances.

    Harassment

    • Harassment is prohibited if associated with a protected ground.
    • Prohibited forms of harassment include:
      • Verbal or physical abuse.
      • Threats, derogatory remarks, jokes, innuendo, or taunts.
      • Display of offensive images.
      • Practical jokes resulting in awkwardness.
      • Unwelcome invitations or requests.
      • Intimidation, leering, or gestures.
      • Condescension, paternalism, or unwarranted physical contact.

    Minimum Employment Standards

    • Employers are obligated to pay at least the minimum wage as prescribed by regulations
    • The minimum wage in Alberta was raised to $15 in 2015, making it the highest in Canada
    • There is a “three-hour rule” in Alberta
    • Employees may be required to work up to 12 hours per day in special circumstances such as emergencies, urgent work, unforeseen events, and circumstances with a permit issued by the director of employment standards.
    • Employees must have at least eight consecutive hours off work between shifts and one day off for each week, with a maximum of 24 days followed by four consecutive days off.
    • Employers are not obligated to provide coffee breaks
    • If coffee breaks are given, employers must pay for that time and the employee must remain at the workplace
    • Employers may require employees to work longer shifts without a break under certain circumstances

    Undue Hardship

    • Undue hardship occurs when accommodations create onerous conditions, intolerable costs, or serious disruption
    • Factors considered include: Financial cost, size and resources of the employer, a disruption of operations, morale problems of other employees, substantial interference with the rights of other individuals or groups, the interchangeability of the workforce and facilities, and health and safety concerns

    Accommodating Disability

    • Gather relevant medical information with consent to determine functional abilities
    • Consult with the employee, supervisor, and union
    • If possible, modify the employee’s current job requirements, otherwise assess other available jobs
    • Assess undue hardship of proposed accommodations
    • Implement accommodations, monitor them frequently, and document the entire accommodation process

    Accommodating Substance Abuse

    • Substance abuse is considered a disability
    • Purely recreational use of drugs or alcohol is not a disability
    • Accommodation usually means offering rehabilitation or time off to attend a program
    • Employers are not required to accommodate ongoing, lengthy absences unrelated to rehabilitation
    • Employers should be consistent and persistent in their approach to accommodating substance abuse

    Occupational Health and Safety

    • All provinces have legislation to prevent accidents and illness resulting from work and to compensate workers who are injured or made ill by work
    • Key issues include: Preventing accidents and injuries at work, enforcing OHS procedures and standards, and compensating employees injured at work

    Alberta Legislation

    • Occupational Health and Safety Act (OHSA) focuses on the prevention of workplace injuries and diseases
    • Occupational Health and Safety Regulation (OHSR) includes detailed rules about the application of the Act
    • Workers’ Compensation Act (WCA) addresses the consequences of workplace injuries and diseases, including compensation and rehabilitation

    BC Legislation

    • Workers Compensation Act (WCA) deals with the consequences of workplace injuries and illness, including compensation and rehabilitation
    • Occupational Health and Safety Regulation (OHSR) outlines a detailed regime for preventing workplace injuries and diseases
    • Management systems for occupational health and safety are a joint responsibility of all parties

    Preventing Accidents and Injuries at Work

    • Workers have a responsibility to:
      • Work in compliance with statutes and regulations
      • Use protective devices and clothing
      • Report any known workplace hazards
      • Not engage in horseplay or conduct that may endanger themselves or others
      • Avoid working when their ability to work is impaired
      • Cooperate with the Joint Health and Safety Committee (JHSC)
      • Cooperate with OHS officers

    Supervisor Duties: Alberta

    • Supervisors in Alberta have obligations that include:
      • Those of the employer as its agent
      • Those of the worker

    Supervisor Duties: BC

    • In British Columbia, supervisors have the following distinct duties:
      • Ensure the safety of workers under their supervision
      • Know and comply with the WCA and OHSR rules relevant to the workplace
      • Ensure workers are aware of all health and safety hazards
      • Work with the JHSC
      • Cooperate with WCB officers

    Administration of the Legislation: Inspections

    • Inspectors have broad powers, including the right to:
      • Enter a workplace at any time without a search warrant
      • Conduct tests at the employer’s expense
      • Request the identity information of workers and employers
      • Question anyone in the workplace
      • Speak to any worker privately
      • Compel the production of any documents
      • Remove any equipment, machine, or device for testing
      • Issue stop-work orders

    Due Diligence Defence

    • Health and safety offenses are strict liability, meaning intent or negligence are not required for conviction
    • A due diligence defense requires showing that every reasonable precaution was taken
    • A health and safety program that meets due diligence standards will include:
      • A designated senior manager responsible for compliance
      • A health and safety policy
      • Safety orientations
      • Regular safety inspections
      • Monthly safety meetings
      • Employer support and response to the JHSC

    Penalties

    • Administrative penalties apply to individuals and corporations
    • BC Fines: Maximum for first conviction: 724,644.41+724,644.41 + 724,644.41+36,232.25 for each day the offense continues. Maximum for subsequent convictions: 1,449,288.80+1,449,288.80 + 1,449,288.80+72,434.44/day.
    • AB Fines: For the first conviction: 500,000+500,000 + 500,000+30,000/day. Subsequent convictions: 1,000,000+1,000,000 + 1,000,000+60,000/day.

    Criminal Liability of Organizations

    • The Criminal Code makes it a crime not to take reasonable steps to prevent bodily harm arising from work
    • Organizations are liable for the combined effects of actions by several employees
    • Organizations are liable for the actions of senior officers, members, agents, and employees
    • Summary conviction is a less serious offense with fines under $100,000
    • Indictable offense is more serious, has no maximum fine, and can result in life imprisonment.

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    Employment Standards Legislation Overview PDF

    Description

    This quiz covers the key aspects of discrimination laws, including special exemptions and the complaint process. It also delves into remedies for discriminatory practices, providing a comprehensive understanding of legislative frameworks. Test your knowledge on these critical legal principles.

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