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
When someone is accused of discrimination it generally means that he or she is perceived to be acting in an unfair or
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
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.
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.
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
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 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
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