MHR 523 Lecture Notes - Lecture 4: Equal Protection Clause, Mandatory Retirement, Glass Ceiling
1 Mar 2016
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Right to modify employee work terms for legitimate business needs. Right to be protected from harmful business practices. Federally regulated employers (federal civil service, crown corporations and agencies, transportation, banking and communications) All other employers (90% of canadian workers) Freedom of thought, belief, expression and opinion. Rights to equal protection and benefit of the law without discrimination. Embedded in policies with adverse impact on specific groups. Based on business necessity (safe and efficient operations) Adjustment of employment policies/practices so that no individual is denied benefits or is disadvantaged. Based on prohibited grounds in human rights legislation. Substantive sense (is burden imposed or benefit withheld?) Unwelcome behaviour that demeans, humiliates or embarrasses a person and that a reasonable person should have known would be unwelcome. Sexual coercion harassment of a sexual nature that results in some direct consequence to the worker"s employment status or some gain in or loss of tangible job benefits .
