Textbook Notes (367,985)
Canada (161,540)
Commerce (1,690)
Chapter 3


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Commerce 2BC3 Chapter 3 Legal Environment of Equal Employment and DiversityCanadas Legal FrameworkHas a complex set of laws governing how individuals are to be treated in the workplace and in society2 sets of laws govern the equal employment opportunity of workers in either the federal or the provincial and territorial sectors of the country The Canada Labour Code and the Canadian Human Rights Act govern the federal sector which applies to about 10 percent of the Canadian workforceFederal Includes interprovincial and international servicesEmployment equity and pay equity Provisions for health and safety and labour relations The remaining 90 percent of the workforce is covered under provincial and territorial labour legislation The Canadian Charter of Rights and FreedomsFederal law enacted in 1982 guaranteeing fundamental rights and freedoms to all Canadians The Constitution is a set of laws containing the basic rules about how our country operatesIs the supreme law of Canada and it can override any laws that are inconsistent with its provisions The courts handle any challengesThe basic premise of the Charter is that it guarantees the rights and freedoms of individuals These rights are guaranteed but can also be limited by Section 1 of the Charter and can be temporarily invalidated by the notwithstanding clause of the Charter Everyone has the following fundamental freedomsa Freedom of conscience and religion b Freedom of thought belief opinion and expression including the freedom of the press and other media of communication c Freedom of peaceful assembly d Freedom of association Also have mobility legal and equality rights Has had a major impact I the promotion and protection of human rights in Canada Also possible for governments to pass laws that take away some rights under the CharterA law that limits Charter rights under the notwithstanding clause expires after 5 yearsFreedom of Association includes the right to join a trade unionHuman RightsAdopted legislation that prohibits discrimination on various grounds in relation to employment the provision of goods services and facilities customarily available to the public and accommodation It provides protection against discrimination by individuals in the private sector as well as by governments Provincial and territorial human rights legislation All province and territories have their own human right laws and commissions prohibiting discrimination in employmentCanadian Human Rights Act A federal law prohibiting discrimination in employment under various prohibited groundsWhat is DiscriminationMeans treating people differently negatively or adversely without a good reason Means making a distinction between certain individuals or groups based on a prohibited group Canadian courts have recognized 2 types of illegal discrimination1 Direct discrimination 2 Adverse effect discriminationDirect DiscriminationAn adverse distinction based on a prohibited groundBona fide occupational requirement BFOR A justifiable reason for discriminating against a member of a designated group
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