Copyright © 2011 Pearson Canada Inc. The Changing Legal Emphasis: From Compliance to Valuing Diversity Dessler & Cole Human Resources Management in Canada Canadian Eleventh Edition

Limiting Potential Liability Doing the Right Thing Doing the Right Thing Underlining Shared Responsibility Importance of Understanding the Legal Environment

Major Forms of Employment Legislation Human Rights Codes Employment Standards Legislation Legislation to Advance the Employment Circumstances of Designated Groups Employment Equity Pay Equity Legislation to Advance the Employment Circumstances of Designated Groups Employment Equity Pay Equity

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Questions … Is it OK to ask if a candidate is married when you are just curious and have no intention to discriminate? Is it OK to ask a candidate for his/her age because, if the candidate is hired, this information will be needed for filling out health insurance forms?

Disparate/Adverse Impact Griggs vs. Duke Power (1971) Willie Griggs, a black man, applied for the job of coal handler at Duke Power. The company, which required that all coal handlers have high school diplomas, rejected Griggs because he did not. Griggs filed a suit against the company claiming that the diploma requirement had nothing to do with a person’s ability to do the job and that it discriminated against blacks, since fewer blacks had high school diplomas than did whites.

Prima Facie Griggs vs. Duke Power The Supreme Court ruled that in proving a prima facie case of discrimination, Griggs did not have to show that Duke Power intended to discriminate against blacks, but simply that the policies of the company had an adverse impact on them.

Systemic vs. Intentional Systemic: Employment criteria that have the effect of discriminating on prohibited grounds but are not used with the intent to discriminate (e.g., height req’ts) Intentional: Deliberate use of race, religion or other prohibited criteria in employment decisions

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Reasonable Accommodation Adjustments in job content and working conditions that an employer may be expected to make in order to accommodate a person protected by human rights provisions.

Bona Fide Occupational Qualification A justified business reason for discriminating against a member of a protected class

Equity in the Workplace Federal Employment Equity Act Federal Contractors Program Equal Pay for Equal Work Equal Pay for Work of Equal Value Employment Equity Pay and Equity REVERSE DISCRIMINATION $

Copyright © 2011 Pearson Canada Inc.2-13 Employment Equity Designated Groups Women People with Disabilities Visible Minorities Aboriginals

What is Harassment? “unwelcome behaviour that demeans, humiliates, or embarrasses a person and that a reasonable person would have known would be unwelcome” Copyright © 2011 Pearson Canada Inc

Copyright © 2011 Pearson Canada Inc

What is Sexual Harassment? The federal government’s Equal Employment Opportunity Commission’s guidelines define sexual harassment as: “unwelcome sexual advances, requests for sexual favors, and other physical and verbal contact of a sexual nature when it affects the terms of employment under one or more of the following conditions: such an activity is a condition for employment; such an activity is a condition of employment consequences such as promotion, dismissal, or salary increases; such an activity creates a hostile working environment.”

Movie Crossing the line: sexual harassment and how to confront it Copyright © 2011 Pearson Canada Inc

Is this Sexual Harassment? (1 of 6) While teaching Gary how to run the new spreadsheet program on the computer, Lois, his supervisor, puts her hand on his shoulder. Copyright © 2011 Pearson Canada Inc

Is this Sexual Harassment? (2 of 6) Julie, the new secretary to the vice- president of manufacturing, frequently has to go out into the plant as part of her job. Several of the machinists have been whistling at her and shouting off-colour remarks as she passes through the shop. One of the other women in the company found Julie crying in the ladies’ room after such an incident. Copyright © 2011 Pearson Canada Inc

Is this Sexual Harassment? (3 of 6) Steve’s boss, Cathy, frequently makes suggestive comments to him and has even suggested that they meet outside the office. Although at first he ignored these remarks, recently he made it clear to her that he had a steady girlfriend and was not available. When she gave him his performance appraisal, much to his surprise, she cited him for not being a team player. Copyright © 2011 Pearson Canada Inc

Is this Sexual Harassment? (4 of 6) Marge’s co-worker, Jerry, frequently tells her what she is wearing is very attractive. Copyright © 2011 Pearson Canada Inc

Is this Sexual Harassment? (5 of 6) Joe, an elderly maintenance man, often makes suggestive comments to the young women in the office. His behaviour has been reported to his supervisor several times but it is dismissed as ‘Don’t be so sensitive, old Joe doesn’t mean any harm.’ Copyright © 2011 Pearson Canada Inc

Is this Sexual Harassment? (6 of 6) Jennifer frequently wears revealing blouses to the office. Several times she has caught male employees staring at her. Copyright © 2011 Pearson Canada Inc