Dessler, Cole, Goodman, and Sutherland

In-Class Edition
Management of Human Resources
Canadian Edition

Chapter Two

The Legal
Environment

Pearson Education Canada 2-1

 The Legal Framework in
Canada

-employment matters legislated at the provincial/

territorial level
-employees of the federal government and
federally regulated industries such as banks,
airlines, railways are governed by federal
employment legislation (10% of the workforce)
-90% of the workforce governed by provincial/
territorial legislation
-14 jurisdictions in all (10 provinces, 3 territories,
federal)
Pearson Education Canada 2-2
 The Legal Framework in
Canada

Common Lawthe accumulation of judicial

precedents that do not derive from specific pieces
of legislation

Contract Lawlegislation that governs collective

agreements and individual employment contracts

Pearson Education Canada 2-3

 Employment (Labour) Standards
Legislation

provides minimum entitlements for employees

minimum wage
holidays and vacation
maternity/parental leave
provides maximum obligations; eg. hours of work
requires equal pay for equal work (male and
female workers)

Pearson Education Canada 2-4

 Federal Legislation

Charter of Rights and Freedoms

Fundamental Freedoms
conscience and religion
thought, belief, opinion and expression
peaceful assembly
association

Pearson Education Canada 2-5

 Federal Legislation

Charter of Rights and Freedoms

Other Rights

democratic rights
right to live and seek employment anywhere
legal right to due process
equality rights
minority language education rights
multicultural heritage rights/First Peoples rights
Pearson Education Canada 2-6
 Human Rights Legislation

-a family of federal and provincial/territorial

laws that have a common objective: providing
equal opportunity for members of protected
groups in a number of areas, including
accommodation, contracts, provision of goods
and services, and employment

Pearson Education Canada 2-7

 Human Rights Legislation

Discrimination
distinction, exclusion or preference
based on a prohibited ground
nullifies or impairs an employees rights to:
full and equal recognition
exercise of human rights and freedoms

Pearson Education Canada 2-8

 Human Rights Legislation

Prohibited Grounds of Discrimination

Race Religion/Creed
Colour Physical and mental
Age handicap
Sex Ethnic/national origin
Marital/family status
(grounds vary across jurisdictions)

Pearson Education Canada 2-9

 Human Rights Legislation

Types of Discrimination Prohibited Read for

exam
Intentional Unintentional
(constructive/systemic)
direct
differential/unequal apparently neutral
treatment policies have adverse
indirect impact on protected
based on association groups

Pearson Education Canada 2-10

 Human Rights Legislation

Bona Fide Occupational Requirement (BFOR) (im

a justifiable reason for discrimination

based on business necessity for safe and
efficient operations
intrinsically required by job tasks; eg. must have
sight to drive a truck
Exam question, what does bona fide stands for
and what does it mean .??????

Pearson Education Canada 2-11

 Human Rights Legislation

Reasonable Accommodation
adjustment of employment policies/practices so
that no individual is:
denied benefits
disadvantaged in employment
prevented from carrying out a job
based on prohibited grounds; eg. work
station redesign for wheelchair

Pearson Education Canada 2-12

 Human Rights Legislation

Undue Hardship

employers must accommodate to the point of

undue hardship
= point where cost or health and safety risks
make accommodation impossible

Pearson Education Canada 2-13

 Human Rights Legislation

Harassment (1 of 2)

physical assault
unnecessary physical contact
verbal abuse/threats
unwelcome invitation/requests
unwelcome remarks, jokes, innuendo

Pearson Education Canada 2-14

 Human Rights Legislation

Harassment (2 of 2)

leering
displaying pornographic/racist pictures
practical jokes causing embarrassment
condescension/paternalism undermining
self-respect

Pearson Education Canada 2-15

 Human Rights Legislation

Harassment
-includes actions and activities that once
were tolerated, ignored, and considered
horseplay or innocent flirtation
-employers are responsible for providing a
safe and healthy working environment and
can be charged as well as the alleged harasser

Pearson Education Canada 2-16

 Human Rights Legislation

Sexual Harassment

three characteristics
-unsolicited, unwelcome, ought to be known
to be unwelcome by a reasonable person
-continues despite protests
-complainants cooperation due to employment
related threats/consequences

Pearson Education Canada 2-17

 Human Rights Legislation

Sexual Harassment

sexual annoyance
harassment with no direct link to job benefits
sexual coercion
harassment with direct consequences to job
benefits

Pearson Education Canada 2-18

 Human Rights Legislation

Harassment Policies
1. Have a clear workplace harassment policy
2. Provide company-wide harassment training
3. Require signed documentation of:
receipt of harassment training
familiarity with harassment policy
4. Investigate all harassment complaints thoroughly

Pearson Education Canada 2-19

Employment Equity Legislation

Women Visible
minorities

Persons with Aboriginal

disabilities people

Pearson Education Canada 2-20

 Employment Equity Legislation

Designated Group Experiences

Occupational Concentration
segregation Underemployment
Glass ceiling Low status jobs with little
Underutilization career growth potential

Pearson Education Canada 2-21

 Employment Equity Legislation

Employment Equity Act

protects women, visible minorities, persons
with disabilities, Aboriginal peoples
removes employment barriers
promoted equality

Pearson Education Canada 2-22

 Employment Equity Legislation

-Federal Contractors Program: firms with >100

employees bidding on federal contracts >$200,000
must implement employment equity
-Employment equity programs: legal
under human rights legislation

Pearson Education Canada 2-23

Employment Equity Legislation

Implementation of Employment Equity

obtain senior management commitment and
support
collect data collection and analysis
review employment systems
develop employment equity plan including goals
and timetables
implement the plan
monitor, evaluate and revise the plan
Pearson Education Canada 2-24
 Pay Equity Legislation

equal pay for:

male-dominated job classes
female-dominated job classes
of equal value to the organization
value determined by job evaluation procedure

Pearson Education Canada 2-25

Impact of Employment Legislation
on HRM

virtually every HR function is affected

potential perceptions of reverse discrimination
supervisors/managers may perceive having
reduced authority unless:
educated about equal opportunity and equity
equity results built into performance appraisal

Pearson Education Canada 2-26

 Managing Diversity

Diversity Management

broader/more inclusive than employment equity

a set of activities designed to:
integrate all employees in multicultural
workforce
use diversity to enhance
organizations effectiveness

Pearson Education Canada 2-27

 Managing Diversity

Characteristics of Effective Diversity Programs

Top management Support groups/

commitment mentoring
Diversity training programs
Inclusive and Diversity audits
representative
communications Management
responsibility and
Celebrate diversity
accountability

Pearson Education Canada 2-28