BU354 Lecture Notes - Lecture 16: Protected Group, Equal Protection Clause, Reverse Discrimination
The Changing Legal Emphasis
To avoid flooding the courts with complains and the prosecutions of relatively
minor infractions, the government in each jurisdiction creates epical
regulatory bodies, which include human rights commissions and ministries of
labour, develop legally binding rules called regulations and evaluate
complaints.
Regulations – legally binding rules established by the special regulatory
bodies created to enforce compliance with the law and aid in its
interpretation
All employers/employees in Canada are covered by employment (labour)
standards legislation.
Employment (Labour) Standards Legislation – laws present in every
Canadian jurisdiction that establish minimum employee entitlements and set
a limit on the maximum number of hours of worked permitted per day or
week
- these laws establish minimum employee entitlements pertaining to wages,
paid holidays/vacations, leave for maternity/parenting/adoption,
bereavement leave, max number of hours worked per day/week, overtime
pay etc. - also includes equal pay for equal work for male/female workers
Charter of Rights and Freedoms – federal law enacted in 1982 that
guarantees fundamental freedoms to all Canadians – applies to the actions of
all levels of government (federal, provincial/territorial and municipal)
The Charter provides the following fundamental rights and freedoms to every
Canadian:
1. Freedom of conscience and religion
2. Freedom of thought, belief, opinion, and expression, including freedom
of the press and other
media or communication
3. Freedom of peaceful assembly
4. Freedom of association
Equality Rights – section 15 of the Charter of Rights and Freedoms
guarantees the right to equal protection and equal benefit of the law without
discrimination
- cannot discriminate based on race, national/ethnic origin, colour, religion,
sex, age, disabilities
Every employer in Canada is affected by human rights legislation, which
prohibits intentional and unintentional discrimination in its policies pertaining
to all aspects, terms and conditions of employment. The ways in which
employees should be treated on the job every day and the climate in which
they work are also addressed by this legislation.
find more resources at oneclass.com
find more resources at oneclass.com
Discrimination – as used in the context of human rights in employment, 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 and exercise of his or her human rights and freedoms
Intentional discrimination is prohibited; an employer cannot discriminate
directly by deliberately refusing to hire, train or promote an individual on any
of the prohibited grounds. An employer is also prohibited from intentional
discrimination in the form of differential or unequal treatment. No
individuals or groups may be treated differently in any aspects or terms and
conditions of employment based on any of the prohibited grounds.
Discrimination because of association is another possible type of intentional
discrimination listed specifically as a prohibited ground in several Canadian
jurisdictions. It involves the denial of rights because of friendship or other
relationship with a protected group member. Ex. refusing to promote a
highly qualified male into senior management on the basis of the assumption
that his wife, who was recently diagnosed with MS, will require too much of
his time and attention to her needs.
Unintentional/Constructive/Systematic Discrimination – discrimination that is
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
efficient operation of the business
Reasonable Accommodation – the adjustment of employment policies and
practices that an employer may be expected to make so that no individual is
denied benefits, disadvantaged in employment, or prevented from carrying
out the essential components of a job because of grounds prohibited in the
human rights legislation
- an individual with a physical disability must be given accommodation to
perform a specific task to the pint of undue hardship where the financial cost
of the accommodation would make it impossible
Undue Hardship – the point to which employers are expected to
accommodate under human rights legislative requirements
Permissible Discrimination
Bona Fide Occupational Requirement (BFOR) – a justifiable reason for
discrimination based on business necessity (that is, required for the safe and
efficient operation of the organization) or a requirement that can be clearly
defended as intrinsically required by the tasks an employee is expected to
perform
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Regulations legally binding rules established by the special regulatory bodies created to enforce compliance with the law and aid in its interpretation. All employers/employees in canada are covered by employment (labour) standards legislation. Employment (labour) standards legislation laws present in every. Canadian jurisdiction that establish minimum employee entitlements and set a limit on the maximum number of hours of worked permitted per day or week. These laws establish minimum employee entitlements pertaining to wages, paid holidays/vacations, leave for maternity/parenting/adoption, bereavement leave, max number of hours worked per day/week, overtime pay etc. Also includes equal pay for equal work for male/female workers. Charter of rights and freedoms federal law enacted in 1982 that guarantees fundamental freedoms to all canadians applies to the actions of all levels of government (federal, provincial/territorial and municipal) The charter provides the following fundamental rights and freedoms to every. Freedom of thought, belief, opinion, and expression, including freedom of the press and other media or communication.
