Exam 2: The Legal Framework of Hrm

What abuse takes place when sexual harassment occurs in the workplace?

Who is responsible for the enforcement of federal and provincial human rights laws?

Which of the following is NOT a factor in pay equity comparisons?

Employment legislation's (laws)provincial/territorial jurisdictions include employment standards,labour relations,human rights,health and safety,and workers' compensation.

An employer allowed an employee who was hypersensitive to work remotely from home.What human rights legal concept is this an example of?

The purpose of employment equity is to address the inequity in pay between women and men in the workplace.

Ontario and Quebec have stringent pay equity legislation,yet other provinces do not.

Scenario 2.2.A Physical Challenge Anne,who has fibromyalgia,applied for a full-time teaching assistant position working with children with special needs.She had heard about the position from her friend who worked at the school district.She met all the conditions of the selection process but was refused employment by the school district because they felt she would be unable to deal with the large class of older-aged,severely physically challenged children due to her joint and muscle pain and fatigue.They have decided to implement minimum strength requirements for teaching assistants who work with the older,more physically challenging students. -Please refer to Scenario 2.2.What did the employer need to establish?

The Employment Equity Act stipulates that Canadian employers must implement employment equity and report on results attained.

Scenario 2.2.A Physical Challenge Anne,who has fibromyalgia,applied for a full-time teaching assistant position working with children with special needs.She had heard about the position from her friend who worked at the school district.She met all the conditions of the selection process but was refused employment by the school district because they felt she would be unable to deal with the large class of older-aged,severely physically challenged children due to her joint and muscle pain and fatigue.They have decided to implement minimum strength requirements for teaching assistants who work with the older,more physically challenging students. -Please refer to Scenario 2.2.What protection does Anne have under human rights law in this situation?

The objective of undue hardship is to remove workplace conditions that disadvantage groups who are protected by human rights legislation.

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 tenure permanent position on several occasions.Three other faculty,(all white males)with less education and experience received tenure positions in the past two years.The professor filed a human rights complaint. 3- John Smith had been teaching at several BC high schools for ten 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 ten 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 was pregnant.The manager decides to hire another male applicant 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 a 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 organization is covered by The Canadian Human Rights Act?

Which of the following is NOT recommended as a strategy for creating an environment in which diversity is embraced?

What actions must managers or HRMs take to ensure privacy legislation is upheld?

What is acceptable grounds for discrimination?

Which of the following is NOT an example of sexual harassment?

Scenario 2.1: Workplace Relationships Ms.Aslani,a young woman who immigrated from Tehran,had a past relationship with her senior manager,Mr.McKinnon.She held a low paying administrative support position with a local private manufacturing company.During the relationship,they would frequently text each other with sexual messages.The relationship ended after two months,but the texting by Mr.McKinnon continued.The employee both verbally and by text said that the texting made her uncomfortable and requested that the senior manager stop texting.The texts did not stop,and Ms.Aslani became stressed and took a leave of absence.After several months,when the texting continued despite the employee's threats to contact the police,Ms.Aslani left the company.The company did not have a policy on employees' social use of communication technologies while at work. -Please refer to Scenario 2.1.What would the company be well advised to do?

Which corporation falls under federal human rights legislation?

Eighty-four percent of visible-minority people are immigrants.