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Wilfrid Laurier University
Shawn Komar

The Changing Legal Emphasis The Legal Framework for Employment Law in Canada Charter of Rights and Freedoms acts of Parliament common law. Regulations: Legally binding rules established by the special regulatory bodies created to enforce compliance with the law and aid in its interpretation Employment / Labor Standards all employees including unionized workers are covered by employment (labor) standard legislation. They include laws about minimum wages, paid holidays, maternity, compassionate care leave, termination notice, and overtime pay. Equal pay for equal work, means you cannot pay male and female employees differently if they are performing the same or substantially similar work. Legislation Protecting Human Rights The Charter of Rights and Freedoms the charter applies to all jurisdictions, and all levels.Allows laws to infringe on Charter if they can be demonstrably justified as reasonable limits in a “free and democratic society” 1. freedom conscience and religion 2. freedom of thought, belief, opinion, and expression, including the media 3. freedom of peaceful assembly 4. freedom of association equality rights equal protection and equal benefit of the law without discrimination Human Rights Legislation HRM supersedes the terms of any employment contract or collective agreement.All jurisdictions prohibit discrimination on the grounds of race, color, religion, creed, sex, marital status, age, physical and mental disability, and sexual orientation. Discrimination Defined When someone is accused of discrimination it generally means that he or she is perceived to be acting in an unfair or prejudiced manner. Intentional Discrimination blatant discrimination is quite rare today. Subtle direct discrimination can be difficult to prove. For example it is illegal for an employer to request that only female applicants for a factory job demonstrate their lifting skills, unless everyone does. Indirectly discrimination is intentional discrimination through another party. (using an agency and asking for....) Discrimination because of association, wife is pregers and your not gonna be concentrating on work. Unintentional Discrimination also known as constructive or systematic discrimination, which is discrimination that is embedded in policies and practices that appear neutral, and are implemented impartially, bu have an adverse impact on specific groups of people for reasons that are not job related or required for the safe and efficient operation of the business. Requirement for Reasonable Accommodation Human rights legislation is required for reasonable accommodation to the point of undue hardship. Permissible Discrimination employers are permitted to discriminate base on a bona fide occupational requirement (BFOR) which is a justifiable reason for discrimination based on business necessity (that is requested for the safe and efficient operation of the organization) or a requirement that can be clearly defined as intrinsically required by the tasks an employee is expected to perform. I'm all about cutting corners in life Human Rights Case Examples ...unless you a moron Race, Sexual Orientation, Age, Religion, Physical and Mental Disability examples are obvious Harassment harassment is unwelcome behavior that demeans, humiliates, or embarrasses a person that a reasonable person should have known would be unwelcome. Araising issues is bulling in the workplace. Employer Responsibility, if harassment is occurring and the employers are aware or ought to have been aware, they can be charged as well as the alleged harasser. Sexual Harassment, offensive or humiliating behavior that is related to a person's sex as well as behavior of a sexual nature that create an intimidating unwelcome, hostile, or offensive work environment. 64% females experience sexual harassment, 48% say they left because it was unbearable. Sexual coercion involves harassment of a sexual nature that results in some direct consequence to the worker's employment status. Sexual annoyance, sexually related conduct with no direct link to tangible job benefits or loss of. Harassment Policies to reduce liability , employers should establish sound harassment policies, communicate them, and enforce them in a fair consistent manner. The process is: 1. anti-harassment policy statement 2. information for victims 3. employees rights and responsibilities to be snitching 4. employers and managers responsibilities, stop that shit 5. anti-harassment policy procedures, what ya gonna do? 6. Penalties for retaliation against complainant 7. guidelines for appeals 8. other options / and how the policy will be monitored Enforcement all costs are borne by the commission not by the complainant. If discrimination is found, most common compensation is for lost wages, general damages, complainant expenses, and pain and humiliation.Awritten letter, and possibly forced to attend training session or regular human rights workshops. Employment Equity Legislation occupational segregati
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