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[HROB 2100] - Final Exam Guide - Ultimate 96 pages long Study Guide!Premium

96 pages138 viewsFall 2016

Department
Human Resources and Organizational Behaviour
Course Code
HROB 2100
Professor
Rhonda Gordon
Study Guide
Final

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UofG
HROB 2100
FINAL EXAM
STUDY GUIDE
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HROB*2700 Lecture Notes
MIDTERM 1
Chapter 2 HR
The Legal Framework for Employment in Canada
Employer: right to modify employee work terms for legitimate business needs
Employee: right to be protected from harmful business practices
Government: balance needs of employer and employee
Jurisdiction
federal laws govern federally regulated employers
provincial/territorial employment laws govern all other employers
Canadian Legislation
Canadians are protected under:
o Canadian Charter of Rights and Freedoms (basic rights)
o Human Rights Legislation (against discrimination)
o Employment Standards Legislation (minimum conditions of employment)
o Ordinary Laws
o Collective Bargaining Agreement
o Employment contract
Discrimination
Treating someone differently based on prohibited grounds
o a distinction, exclusion or preference based on one of the prohibited grounds that has
the effect of nullifying or impairing the right of a person to full and equal recognition
ad eeise of his o he hua ights ad feedos.
Prohibited grounds: age, sex, race, colour, religion, sexual orientation, etc
Intentional discrimination: direct, differential/unequal treatment, by association
Unintentional discrimination: constructive or systemic, embedded in policies with adverse
impact on specific groups (ie at Blood Drive, no one under 110lbs can donate blood)
Bona Fide Occupational Requirement (BFOR): justifiable reason for discrimination, based on
safe and efficient operations (ie someone who is blind cannot work as a bus driver)
Reasonable Accommodation
Institutions are required to accommodate all employees
o Adjustment of employment policies/practices so that no individual is denied benefits or
is disadvantaged
o Based on prohibited grounds
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Often times, companies will claim they cannot afford to accommodate, but they are still
required to
Disability
Disability basis is determined by courts and accommodation should respect dignity, non-
discriminatory, and the most appropriate accommodation should be undertaken
Harassment
Unwelcome behaviour that demeans, humiliates or embarrasses a person and that a
easoale peso should hae ko ould e ueloe.
Harassment is subjective so people need to be aware of others and be mindful of what they are
saying or doing
Examples: unwelcome [sexual] remarks, written or verbal abuse/threats, jokes that embarrass
or offend someone, etc
It is on the employer to ensure no harassment takes place in the workplace between them and
employees and between coworkers
It is the eploe’s esposiilit to protect employees from harassment (including harassment
from clients or customers)
Sexual Harassment
Offesie o huiliatig ehaiou that is elated to a peso’s se, as ell as seual ehaiou
that creates an intimidating, unwelcome, or offensive working environment
“eual oditios a e plaed o a peso’s jo o eploet opportunities (ie between a
supervisor and the person who reports to them)
Sexual coercion: sexual harassment that results in direct consequence to the workers
employment status or a gain/loss in job benefits (ie supervisor indicates that if employee
performs a sexual favour they will get a raise)
Sexual Annoyance: sexually related conduct that is hostile, intimidating, or offensive to the
employee but with no link to job benefits or losses
Harassment Policies
To reduce liability, employers should:
o Establish sound harassment policies
o Communicate policies to all employees EQUALLY
o Enforce policies in a fair and consistent manner
o Take an active role in maintaining a working environment that is free of harassment
When you create a policy, as an employer you need to make sure that you apply it to everyone
EQUALLY and FAIRLY
Employment Equity Act
Based on the Charter of Rights and Freedoms and applies to federally regulated employers only
It promotes equality and removes employment barriers
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