Employment Law Ch 2 and 5- Human Rights:, Exams of Nursing

Download Employment Law Ch 2 and 5- Human Rights: and more Exams Nursing in PDF only on Docsity! Employment Law Ch 2 and 5- Human Rights: Hiring and Employment Contract (Issues) Employment Law Ch 2 and 5- Human Rights: Hiring and Employment Contract (Issues) Study Guide Test Challenge with Solutions 2023. Employment Law Ch 2 and 5- Human Rights: Hiring and Employment Contract (Issues) Meiorin Case Test: - Answer: Determine whether an employer's set rule or job qualification is discriminatory. The three-part test is: - Is the rule/qualification adopted for a purpose rationally connected to the performance of the job. - Was it adopted in an honest belief that it was necessary to satisfy a legitimate business purpose. - Is the rule/qualification reasonably necessary to accomplish that purpose. The OHRC prohibits discrimination - Answer: 16 grounds: Race, Colour, Ancestry, Place of Origin, Ethnic Origin, Citizenship, Creed, Sex, Sexual Orientation, Age, Record of Offences, Marital Status, Family Status, Disability, Gender Identity and Gender Expression In addition to the 16 grounds the OHRC: - Answer: - prohibits discrimination because of association (based on a relationship with someone who falls into one of the 16 grounds listed) - protects the rights of individuals to enforce their rights without the fear of reprisal (punishment) Bona Fide Occupational Qualification test (BFOQ) - Answer: The employer has the obligation to prove that it was impossible to accommodate an individual/group without creating undue hardship to itself. Employment Law Ch 2 and 5- Human Rights: Hiring and Employment Contract (Issues) Direct discrimination: - Answer: is when an employer specifically and clearly targets an individual or group for discrimination on the basis of a prohibited ground Adverse impact discrimination - Answer: is unintentional but still has an adverse effect or creates an exclusion/restriction or preference for an individual or group - this is also known as constructive discrimination Systemic Discrimination - Answer: policies that appear neutral but can have the effect of creating a barrier for certain individuals or groups Employment Accommodation - Answer: - Is an individual process that has to be tailored to meet the needs of the person in need of accommodation. - The dignity of the accommodated person must be respected including privacy, confidentiality, comfort and autonomy. - The workplace must be inclusive and developed with everyone in mind - The party requiring accommodation should participate by making his/her needs known - If there is a union they will also have an obligation to assist in implementing accommodations The three main issues the court will consider when determining an employer undue hardship in accommodating - Answer: - financial costs - outside sources of funding - health and safety requirements Employment Law Ch 2 and 5- Human Rights: Hiring and Employment Contract (Issues) OHRC guidelines state that the costs to an employer for undue hardship: - Answer: - Must be quantifiable and "so substantial that they would alter the essential nature of the enterprise, or so significant that they would substantially affect its viability" - The standard is so high that most large companies are unable to prove that they cannot accommodate - Inconvenience and customer preference are not considerations Actual evidence of undue hardship must be provided - Answer: The courts will also look at whether grants, loans, subsidies or tax credits are available and will factor these in to a decision In terms of health and safety, the employer must show that there would still be a serious risk after accommodation takes place. Accommodation for Disability - Answer: - This can include altering the physical location or it can mean altering performance standards and targets/quotas. - Testing of persons with disabilities must be done on an individual basis - Collective agreements negotiated by unions can impose an even higher standard on employers with regard to accommodation and timelines for same - Accommodation may even involve creating an entirely new position for a disabled worker - so long as it is a useful and productive job for the employer, otherwise there would be undue hardship - The standard is higher when an employee becomes disabled then it is with regard to new employees going through the hiring process Employment Law Ch 2 and 5- Human Rights: Hiring and Employment Contract (Issues) - The greater the chances of the employee returning to work from disability in the near future, the greater the duty to accommodate by the employer - The duty to accommodate is ongoing and must be actively pursued - The employee must advise an employer of a need for accommodation and co- operate with the process including providing information, medical documentation, progress reports and recovery status The responsibilities of the employer to accommodate for a disability are to: - Answer: - Gather information regarding whether there is a disability and the prognosis - Evaluate the job to determine physical demands and whether accommodation can occur without undue hardship - Review any other jobs that are available thoroughly as alternatives - Monitor the situation regularly - Document all facets of the accommodation process Accommodating religious beliefs and practices - Answer: Can include dress codes, break policies, work schedules and religious leave of absence An employer does not have to pay for religious holidays if it is willing to offer options such as rescheduling that will allow employees to make up their time off Accommodating drug and alcohol dependency - Answer: - Involve use of an EAP, counselling or rehabilitation programs The employee would have to establish that they are in fact an addict .