BUS 381 CH2 EXAM QUESTIONS ANSWERED CORRECTLY LATEST UPDATE 2026
Primary objective of employment legislation in Canada? - Answers To protect workers from employer
exploitation while balancing employer and employee rights, with courts interpreting the laws.
stare decisis - Answers The decisions of a higher court can act as the binding on a lower within that
court authority decisions same jurisdiction
What is a legal precedent? - Answers A court decision that guides how similar laws are interpreted in
the same or another jurisdiction.
The decision or interpretation of a court of another jurisdiction can act as a persuasive authority
applied regarding how legislation is to be interpreted in and other jurisdictions
Governments Role in Balancing Employer and Employee Need - Answers Employers right employee to
have a modify work terms and arrangements according to legitimate business needs.
The governments role is to balance employee and employer needs through development the
maintenance employment and of legislation
Employees right to have a be protected from harmful practices.
2 Multiple Layers of Canadian Legislation Affecting Workplace Practice - Answers - Canadian Charter
of Rights and Freedom: basic rights guranteed to all persons residing in Canada
- Human Right Legislation: Protection from discrimination in employment relationships and the
delivery of goods and services
- Employment Standards Legislation: Establishes minimum terms and conditions of employment
relationship within each jurisdiction (e,g., minimum wages, hours of work, maternity leave)
- Ordinary Laws _ protection under context - or content specific laws affecting workplaces (like
occupational health and saftey)
-Collective Bargaining Agreement: A legally binding agreement establishing minimum terms and
conditions of employment affecting unionized positions
- Employment Contract _ A contract between an individual employee and their employer regarding
specified employment condition in specified roles
tort law - Answers Primarily judge based law, whereby a victim is provided compensation for losses or
damages in civil court (not criminal court).
regulations - Answers Legally binding rules established by special regulatory bodies created to enforce
compliance with the law and aid in its interpretation
Charter of rights and freedom - Answers Federal law enacted in 1982 that guarantees fundamental
freedoms to all Canadians
The Charter takes precedence over all other laws, which means that all legislation must meet Charter
standards; thus, it is quite far-reaching in scope
What are the two main exceptions to Charter protections? - Answers Rights can be limited if they are
reasonable and justified in a free society (decided by the Supreme Court).
Governments can use the notwithstanding clause to override certain Charter rights.
fundamental rights and freedom protected by charter right - Answers 1. Freedom of conscience and
religion,
2. Freedom of thought, belief, opinion, and expression, including freedom of the press and other
communication media,
3. Freedom of peaceful assembly, and
4. Freedom of association.
equality rights - Answers Found in Section 15 of the Charter of Rights and Free-doms, which
guarantees the right to equal protection and benefit of the law without discrimination
discrimination - Answers As used in the context of human rights in employment, a distinction,
exclusion, or preference based on any of the prohibited grounds and 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.
human rights legislation - Answers Jurisdiction-specific legislation that prohibits intentional and
unintentional discrimination in employment situations and in the delivery of goods and services.
human rights legislation is that it supersedes the terms of any employment contract or collective
agreement.
Discrimination Defined - Answers Unfair treatment based on protected grounds (like race or gender),
often caused by stereotypes or social identity—not personal choices like clothing.
intentional discrimination - Answers Except in a very specific situation (bona fide), you cannot
intentionally discriminate. An employer cannot discriminate directly by refusing to hire, train, or
promote an individual on prohibited grounds. This may be hard to prove when it is subtle.
Differential or unequal treatment - Answers means that no individual or group may be treated
differently in the terms and conditions of employment based on prohibited grounds. Intentional
discrimination is also illegal when done indirectly, such as asking another person or agency to
discriminate on the employer's behalf.
An example of discrimination is an employer asking an agency to send only male candidates for
management positions.
discrimination because of association - Answers Denial of rights because of friendship or other
relation-ship with a protected group member.
An example is refusing to promote a qualified man because of assumptions about his wife's illness
affecting his work availability.
unintentional/constructive/ systemic discrimination - Answers 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
ex: Minimum height and weight requirements, which screen out disproportionate numbers of women
and people from Asia, who tend to be shorter in stature.
Limited accessibility to company premises, which poses a barrier to persons with mobility limitations.
Bona Fide Occupational Requirment (BFOR) - Answers A justifiable reason for discrimination is when it
is based on business necessity—required for the safe and efficient operation of the organization—or
when the requirement is intrinsically necessary to perform the job.
(for example, a person who is blind cannot be employed driver as a truck or bus driver).
Reasonable Accommodation - Answers The adjustment of employ-ment 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 human rights legislation
undue hardship - Answers The point to which employers are expected to accommodate employees
under human rights legislative requirement
human rights example - Answers Disability examples include physical, mental, and learning
disabilities; mental disorders; hearing or vision impairments; epilepsy; substance dependencies; and
environmental sensitivities, while temporary illnesses are generally not considered disabilities. Most
discrimination cases are based on disability, and if even one of many decision criteria violates human
rights legislation, the entire employer decision can be ruled illegal.
how do you determine discrimination - Answers The Supreme Court of Canada has suggested three
broad inquiries to determine if discrimination has taken place:
1. Differential treatment: Was there substantively differential treatment due to a distinction,
exclusion, or preference or because of a failure to take into account the complainants already
disadvantaged position within Canadian society?
Primary objective of employment legislation in Canada? - Answers To protect workers from employer
exploitation while balancing employer and employee rights, with courts interpreting the laws.
stare decisis - Answers The decisions of a higher court can act as the binding on a lower within that
court authority decisions same jurisdiction
What is a legal precedent? - Answers A court decision that guides how similar laws are interpreted in
the same or another jurisdiction.
The decision or interpretation of a court of another jurisdiction can act as a persuasive authority
applied regarding how legislation is to be interpreted in and other jurisdictions
Governments Role in Balancing Employer and Employee Need - Answers Employers right employee to
have a modify work terms and arrangements according to legitimate business needs.
The governments role is to balance employee and employer needs through development the
maintenance employment and of legislation
Employees right to have a be protected from harmful practices.
2 Multiple Layers of Canadian Legislation Affecting Workplace Practice - Answers - Canadian Charter
of Rights and Freedom: basic rights guranteed to all persons residing in Canada
- Human Right Legislation: Protection from discrimination in employment relationships and the
delivery of goods and services
- Employment Standards Legislation: Establishes minimum terms and conditions of employment
relationship within each jurisdiction (e,g., minimum wages, hours of work, maternity leave)
- Ordinary Laws _ protection under context - or content specific laws affecting workplaces (like
occupational health and saftey)
-Collective Bargaining Agreement: A legally binding agreement establishing minimum terms and
conditions of employment affecting unionized positions
- Employment Contract _ A contract between an individual employee and their employer regarding
specified employment condition in specified roles
tort law - Answers Primarily judge based law, whereby a victim is provided compensation for losses or
damages in civil court (not criminal court).
regulations - Answers Legally binding rules established by special regulatory bodies created to enforce
compliance with the law and aid in its interpretation
Charter of rights and freedom - Answers Federal law enacted in 1982 that guarantees fundamental
freedoms to all Canadians
The Charter takes precedence over all other laws, which means that all legislation must meet Charter
standards; thus, it is quite far-reaching in scope
What are the two main exceptions to Charter protections? - Answers Rights can be limited if they are
reasonable and justified in a free society (decided by the Supreme Court).
Governments can use the notwithstanding clause to override certain Charter rights.
fundamental rights and freedom protected by charter right - Answers 1. Freedom of conscience and
religion,
2. Freedom of thought, belief, opinion, and expression, including freedom of the press and other
communication media,
3. Freedom of peaceful assembly, and
4. Freedom of association.
equality rights - Answers Found in Section 15 of the Charter of Rights and Free-doms, which
guarantees the right to equal protection and benefit of the law without discrimination
discrimination - Answers As used in the context of human rights in employment, a distinction,
exclusion, or preference based on any of the prohibited grounds and 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.
human rights legislation - Answers Jurisdiction-specific legislation that prohibits intentional and
unintentional discrimination in employment situations and in the delivery of goods and services.
human rights legislation is that it supersedes the terms of any employment contract or collective
agreement.
Discrimination Defined - Answers Unfair treatment based on protected grounds (like race or gender),
often caused by stereotypes or social identity—not personal choices like clothing.
intentional discrimination - Answers Except in a very specific situation (bona fide), you cannot
intentionally discriminate. An employer cannot discriminate directly by refusing to hire, train, or
promote an individual on prohibited grounds. This may be hard to prove when it is subtle.
Differential or unequal treatment - Answers means that no individual or group may be treated
differently in the terms and conditions of employment based on prohibited grounds. Intentional
discrimination is also illegal when done indirectly, such as asking another person or agency to
discriminate on the employer's behalf.
An example of discrimination is an employer asking an agency to send only male candidates for
management positions.
discrimination because of association - Answers Denial of rights because of friendship or other
relation-ship with a protected group member.
An example is refusing to promote a qualified man because of assumptions about his wife's illness
affecting his work availability.
unintentional/constructive/ systemic discrimination - Answers 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
ex: Minimum height and weight requirements, which screen out disproportionate numbers of women
and people from Asia, who tend to be shorter in stature.
Limited accessibility to company premises, which poses a barrier to persons with mobility limitations.
Bona Fide Occupational Requirment (BFOR) - Answers A justifiable reason for discrimination is when it
is based on business necessity—required for the safe and efficient operation of the organization—or
when the requirement is intrinsically necessary to perform the job.
(for example, a person who is blind cannot be employed driver as a truck or bus driver).
Reasonable Accommodation - Answers The adjustment of employ-ment 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 human rights legislation
undue hardship - Answers The point to which employers are expected to accommodate employees
under human rights legislative requirement
human rights example - Answers Disability examples include physical, mental, and learning
disabilities; mental disorders; hearing or vision impairments; epilepsy; substance dependencies; and
environmental sensitivities, while temporary illnesses are generally not considered disabilities. Most
discrimination cases are based on disability, and if even one of many decision criteria violates human
rights legislation, the entire employer decision can be ruled illegal.
how do you determine discrimination - Answers The Supreme Court of Canada has suggested three
broad inquiries to determine if discrimination has taken place:
1. Differential treatment: Was there substantively differential treatment due to a distinction,
exclusion, or preference or because of a failure to take into account the complainants already
disadvantaged position within Canadian society?
