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Canada (158,391)
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BU354 (259)
Chapter 2

Chap 2.docx

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Wilfrid Laurier University
Steve Risavy

Chapter 2 1 Charter of Rights and Freedoms: - Guarantees fundamental freedoms to all Canadians 1982 - Charter takes precedence over all laws except: o If they can be demonstrably justified as reasonable limits in a free and democratic society o When a legislative body invokes the notwithstanding provision (allows exemption from the Charter) - Charter provides: o Freedom of conscience and religion o Freedom of thought, belief, opinion, expression, freedom of press/media/communication o Freedom of peaceful assembly o Freedom of association - Equality Rights: s15 of Charter, guarantees right to equal protection/benefit of the law w/out discrimination Human Rights Legislation: - Prohibits intentional/unintentional discrimination in its policies pertaining to employment - Supersedes terms of any employment contract or collective agreement - Prohibited grounds (all jurisdictions): race, colour, religion/creed, sex, marital status, age, physical/mental disability, sexual orientation - Not all covered: national/ethnic origin, family status, ancestry, place of origin, and others Discrimination: - Acting in unfair/prejudice manner - Distinction, exclusion, or preferences based on one of the prohibited grounds that impairs equal recognition or exercise of the person’s freedoms/rights - Intentional Discrimination: o Relatively rare today, employer cannot discrimination directly by refusing to hire/train/promote on prohibited grounds, or differential/unequal treatment (illegal to ask that only women do a lifting test for a factor job) o Illegal to discriminate through another party (ex: asking an agency to send only male candidates) o Discrimination because of association: denial of rights bc of relationship with a protected group member (Ex: refusing a qualified male bc his wife has cancer, assuming it will require all his time - Unintentional Discrimination: o Aka constructive/systematic discrimination o Most difficult to detect/combat o Hidden in policies/practices  appear neutral, but exclude some people Chapter 2 2 o Examples:  Min height/weight requirement  Internal hiring policies, word of mouth hiring if workplaces are not diverse  Limited accessibility (mobility limitations)  Culturally biased or non-job related employment tests  Job evaluation systems that are not gender neutral  Promotions based only on seniority/experience (if firms are white-male-dominated)  Lack of harassment policy or guidelines Permissible Discrimination: - employers are allowed to discriminate based on BFOR (bona fide occupational requirement) - justifiable reason for discrimination based on business necessity and safe/efficient operation (or required by the tasks required to be performed) - ex: can’t hire a blind truck driver Human Rights Case Examples: - Race and Colour - Sexual Orientation - Age - Religion - Family Status - Harassment o Unwelcomed behavior that demeans, humiliates, or embarrasses a person (a reasonable person should have known would be unwelcome) o Bullying: repeated and deliberate incidents of negative behavior that cumulatively undermine a person’s self image o Employer’s responsibility includes employee harassment by clients or customers - Sexual harassment: o offensive/humiliating behavior related to a person’s sex o Sexual Annoyance:  behavior of a sexual nature that creates hostile/offensive work environment  sexually infused talk/jokes, displaying porn  no direct link to gain/loss in tangible job benefits o Sexual Coercion:  could reasonably be though to put sexual conditions on a person’s job opportunities  direct consequence to a workers employment status  sexual favours - Harassment Policies Chapter 2 3 o Establish sound policies, communicate them to all employees, enforce them in a fair/consistent manner, proactively maintain a harassment- free environment  reduce liabilities o Harassment policies should include:  Anti-harassment policy statement
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