Exam 2: Operating Within the Legal Framework

Which statement best describes a commonality between the Employment Insurance and the Canada Pension Plan?

Choose two of the situations below. Describe whether you think the workplace behaviour is discrimination or not. Describe the factors that influenced your decision. Ensure you list the human rights prohibition and include at least one human rights legal concept for both of your answers. 1 - The dispute between public service employees and the federal government regarding equal pay was ongoing for decades. A number of predominantly female groups of public service employees alleged that they were performing work of a value equal to that of predominantly male groups for lower wages. 2 - An Asian university professor has worked for a Canadian university for 15 years. He was denied a tenured permanent position on several occasions. Three other faculty, (all white males) with less education and experience, received tenured positions in the past two years. The professor filed a human rights complaint. 3 - John Smith had been teaching at several B.C. high schools for 10 years. He was recently diagnosed with AIDS. Despite the ministry of education medical director's report that Smith's condition did not place his students or others in the school at any risk, the district reassigned Smith to an administrative position and barred him from teaching in the classroom. Smith filed a human rights complaint. 4 - Donna worked with Mike for over 10 years. For all of that time, Mike constantly made fun of Donna and criticized her work performance. Donna began to question her abilities and did not apply for other positions because she believed she would be unsuccessful. Mike ridiculed the way she walked and the way she looked, calling her an "old lady" and a "fat cow" to other employees and indicated that he believed women should be at home looking after their children. Donna complained to the manager on a number of occasions, but nothing effective was ever done to stop Mike's behaviour. 5 - John, who is just under five feet in height, met with the manager of a bottle depot to discuss employment. The manager seemed receptive, and John left the depot with the impression that the manager would call to arrange an orientation. However, the manager hired someone else. When John asked, the manager said John was too short to do the all the lifting and storing of the bottles required to do the job. This was the first time John had not gotten a job because of his height. 6 - Mark Johnston, a school custodian, is a Seventh Day Adventist. His religious beliefs prevent him from working from sundown Friday to sundown Saturday. The work schedule is designed to have custodians work when classes were not being taught and was outlined in detail in the union collective agreement. The employer dismissed Mark, feeling that his religious beliefs would not allow him to work the hours specified. 7 - A women's clothing store is recruiting summer seasonal employees. It is May, and the successful candidates will be offered four months' work for the store's busiest tourism season. One applicant with years of experience in women's fashion sales is pregnant. The manager decides to hire different applicant who is male, with limited experience in women's clothing sales. 8 - An RCMP staff sergeant was prone to angry outbursts and derogatory remarks, focused particularly on a pregnant female officer. He went out of his way to penalize her for supposed breaches of policy and verbally humiliated her in the presence of other detachment staff. 9 - A catering company does not accommodate a scheduling request (not to work Friday evenings and Saturdays) of an employee whose religious observance is on Friday evenings and Saturdays. 10 - An upset customer uses foul language and racist terms towards an employee who points out the return policy on the wall. The employee went to the staff room and cried. The employee was disciplined by the employer. 11 - At a soccer tournament organized by several workplace departments, a First Nations woman who was cheering for the winning team was called a derogatory racial term. 12 - A manager comments to an older employee learning to use new computer software, "I guess you can't teach an old dog new tricks." 13 - A waitress alleges she was fired from her job as a result of shaving her head in support of cancer. 14 - A banquet manager, a single mom of a young child, was terminated because the employer assumed she would not be able to work weekends because her child care arrangements had changed. 15 - An obese person was not able to fit into one airline seat for a Canadian regional airline. She was asked to pay half price for the second additional seat.

Which of the following best defines diversity management?

Which change in Employment Insurance (EI) has had an impact on Human Resource practices in organizations?

Employment equity involves the identification and removal of systemic barriers that adversely affect the employment opportunities of the four designated groups in the Employment Equity Act.

Occupational segregation and pay inequity are disadvantages faced by members of designated groups.

HRM practices are simply a matter of what is required by law.

What would encourage and support an employee to report their concerns to an authority within their company if they felt bullied or harassed in their workplace?

Decisions reached by human rights commissions or tribunals have little influence over employment issues.

What does implementation of pay equity require?

The second principle upon which pay equity is based is equal pay for work that may be comparable in value in the organization.

Newfoundland and British Columbia do not have pay equity legislation.

The Canadian Human Rights Commission (CHRC) can act on its own if it feels there are sufficient grounds for a finding of discrimination.

Ethics is a set of standards of conduct and moral values that help to determine right and wrong behaviour.

The provinces and territories in Canada have their own legislation that covers employment standards, human rights, labour relations, and worker health and safety.

Which of the following would be included in a code of ethics?

Who are Canadian employment laws intended to protect?

What two distinct sets of laws govern Canadians?

Each province and territory has legislation that provides certain rights and guarantees regarding employment.

The terms "diversity management" and "employment equity" can be used interchangeably.