MHR 523 Lecture Notes - Sexual Coercion, Reasonable Accommodation, Fide

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Chapter 2 ± The Changing Legal Emphasis
Regulations ± legally binding rules established by special regulatory bodies created to enforce
compliance with law & aid in its interpretation
Employment (labour) standards legislation ± laws present in every Canadian jurisdiction, establish
minimum employee entitlements & set limit on maximum number of hours of work permitted per day/week
Charter of Rights & Freedoms ± federal law, 1982, guarantees fundamentals freedoms to all Canadians
Equality rights ± section 15 of Charter, guarantees right to equal protection & equal benefit of law without
discrimination
Discrimination ± human rights in employment, a distinction, exclusion, preference, based on one of
prohibited grounds, effect of nullifying/impairing right of person to full & equal recognition & exercise of
their rights & freedoms
Unintentional/constructive/systematic discrimination ± embedded in policies & practices, appear neutral,
implemented partially, adverse impact on specific groups of people for reasons not job related/required
for safe & efficient operations
Reasonable accommodation ± adjustment of employment policies & practices employer expect to make
so no individual denied benefits, disadvantaged in employment, prevent from carrying out essential
components of job because grounds prohibited in human rights legislation
Undue hardship ± employers expected to accommodate under human rights legislative requirements
Bona fide occupational requirement (BFOR) ± justifiable reason for discrimination based on business
necessity (safety & efficiency) or task employee expected to perform
Harassment ± unwelcome behaviour, humiliates, embarrasses person; person should know unwelcome
Harassment Policies ± anti-harassment policy statement with organization commitment, info for victims,
employee rights & responsibilities, employer & manager responsibilities, anti-harassment policy
procedures, penalties for retaliation against complainant, guidelines for appeals, other options (union &
HR complaints), how policy monitored/adjusted
Sexual harassment ± RIIHQVLYHKXPLOLDWLQJEHKDYLRXUUHODWHGWRSHUVRQVVH[EHKDYLRXUOHDGVWR
LQWLPLGDWLQJKRVWLOHRIIHQVLYHZRUNHQYLURQPHQWVH[XDOFRQGLWLRQRQSHUVRQVMRE/employment
opportunities
Sexual coercion ± results in some direct FRQVHTXHQFHWRZRUNHVHPSOR\PHQWVWDWXVJDLQORVVRI
tangible job benefits
Sexual annoyance ± hostile, intimidating, offensive conduct to employee, no direct link to gain/loss
tangible job benefits
Occupational segregation ± certain occupations, traditionally dominated by men, others by women
Glass ceiling ± invisible barrier, bias, limits advancement opportunities of qualified designated group
members
4 Designated Groups ± women, aboriginals, people with disabilities, visible minorities
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Document Summary

Regulations legally binding rules established by special regulatory bodies created to enforce compliance with law & aid in its interpretation. Employment (labour) standards legislation laws present in every canadian jurisdiction, establish minimum employee entitlements & set limit on maximum number of hours of work permitted per day/week. Charter of rights & freedoms federal law, 1982, guarantees fundamentals freedoms to all canadians. Equality rights section 15 of charter, guarantees right to equal protection & equal benefit of law without discrimination. Discrimination human rights in employment, a distinction, exclusion, preference, based on one of prohibited grounds, effect of nullifying/impairing right of person to full & equal recognition & exercise of their rights & freedoms. Unintentional/constructive/systematic discrimination embedded in policies & practices, appear neutral, implemented partially, adverse impact on specific groups of people for reasons not job related/required for safe & efficient operations.

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