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Chapter 4

MHR 523 Chapter Notes - Chapter 4: Equal Protection Clause, Glass Ceiling, Organisation Climate


Department
Human Resources
Course Code
MHR 523
Professor
Kemi Salawu Anazodo
Chapter
4

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Wednesday, March 2, 2016
MHR 523
Chapter Two
The Legal Framework In Canada
-employer- right to modify employee work terms for legitimate business needs
-employee- right to be protected from from harmful business practices
-government- balanced needs to employer and employee
Canadian Legislation
-regulations- legally binding rules established by special regulatory bodies created to
enforce compliance with the law and aid in its interpretation
-Canada Charter of Rights and Freedoms: federal laws enacted in 1982 that
guarantees fundamental freedoms to all Canadians
-freedoms: conscience and religion | thought belief, opinion, and expression | peaceful
assembly | association
-equality rights- section 15 of the Charter, which guarantees the right to equal
protection and benefit of the law without discrimination
-human rights legislation- legislation that prohibits intentional and unintentional
discrimination in employment situations and in the delivery of goods and services
-employment stands act- establish minimum terms for: wages, overtime pay, paid
holidays, vacations, maternity/paternity leave, compassionate care leave, termination
notice
Discrimination
-a distinction, exclusion, or preference based on one of the prohibited grounds that
has the effect of nullifying or imparting the right of a person to full and equal
recognition and exercise of his or her human rights and freedoms
Prohibited grounds of discrimination
-race, colour, religion, sex, marital status, age, mental/physical disability, sexual
orientation, ethnic origin, family status, ancestry, political belief, association, source of
income, social condition, language, pardoned conviction, record of criminal
conviction, assignment, attachment or seizure of pay
Types of Discrimination
-intentional- direct, differential or unequal treatment: treating an individual differently
in any aspect of terms and conditions of employment based on any of the prohibited
grounds
-unintentional- constructive or systemic discrimination: embedded in policies and
practices that appear neutral on the surface and are implemented impartially, but
have an adverse impact on specific groups of people for reasons that are not job
related or required for the safe and efcient operation of the business
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