Dessler, Cole, Goodman, and Sutherland In-Class Edition Management of Human Resources Second Canadian Edition Chapter Two The Legal Environment © 2007 Pearson Education Canada 2-1

© 2007 Pearson Education Canada 2-2 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) -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)

© 2007 Pearson Education Canada 2-3 The Legal Framework in Canada Common Law—the accumulation of judicial precedents that do not derive from specific pieces of legislation Contract Law—legislation that governs collective agreements and individual employment contracts Common Law—the accumulation of judicial precedents that do not derive from specific pieces of legislation Contract Law—legislation that governs collective agreements and individual employment contracts

© 2007 Pearson Education Canada 2-4 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) –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)

© 2007 Pearson Education Canada 2-5 Federal Legislation Fundamental Freedoms –conscience and religion –thought, belief, opinion and expression –peaceful assembly –association Fundamental Freedoms –conscience and religion –thought, belief, opinion and expression –peaceful assembly –association Charter of Rights and Freedoms

© 2007 Pearson Education Canada 2-6 Federal Legislation 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 People’s rights 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 People’s rights Charter of Rights and Freedoms

© 2007 Pearson Education Canada 2-7 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 -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

© 2007 Pearson Education Canada 2-8 Human Rights Legislation Discrimination –distinction, exclusion or preference –based on a prohibited ground –nullifies or impairs an employee’s rights to: full and equal recognition exercise of human rights and freedoms Discrimination –distinction, exclusion or preference –based on a prohibited ground –nullifies or impairs an employee’s rights to: full and equal recognition exercise of human rights and freedoms

© 2007 Pearson Education Canada 2-9 Human Rights Legislation –Race –Colour –Age –Sex –Marital/family status (grounds vary across jurisdictions) –Race –Colour –Age –Sex –Marital/family status (grounds vary across jurisdictions) –Religion/Creed –Physical and mental handicap –Ethnic/national origin Prohibited Grounds of Discrimination

© 2007 Pearson Education Canada 2-10 Human Rights Legislation Intentional –direct –differential/unequal treatment –indirect –based on association Intentional –direct –differential/unequal treatment –indirect –based on association Unintentional (constructive/systemic) –apparently neutral policies have adverse impact on protected groups Unintentional (constructive/systemic) –apparently neutral policies have adverse impact on protected groups Types of Discrimination Prohibited

© 2007 Pearson Education Canada 2-11 Human Rights Legislation Bona Fide Occupational Requirement (BFOR) –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 Bona Fide Occupational Requirement (BFOR) –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

© 2007 Pearson Education Canada 2-12 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 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

© 2007 Pearson Education Canada 2-13 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 Undue Hardship –employers must accommodate to the point of “undue hardship” = point where cost or health and safety risks make accommodation impossible

© 2007 Pearson Education Canada 2-14 Human Rights Legislation Harassment (1 of 2) –physical assault –unnecessary physical contact –verbal abuse/threats –unwelcome invitation/requests –unwelcome remarks, jokes, innuendo Harassment (1 of 2) –physical assault –unnecessary physical contact –verbal abuse/threats –unwelcome invitation/requests –unwelcome remarks, jokes, innuendo

© 2007 Pearson Education Canada 2-15 Human Rights Legislation Harassment (2 of 2) –leering –displaying pornographic/racist pictures –practical jokes causing embarrassment –condescension/paternalism undermining self-respect Harassment (2 of 2) –leering –displaying pornographic/racist pictures –practical jokes causing embarrassment –condescension/paternalism undermining self-respect

© 2007 Pearson Education Canada 2-16 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 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

© 2007 Pearson Education Canada 2-17 Human Rights Legislation Sexual Harassment –three characteristics -unsolicited, unwelcome, ought to be known to be unwelcome by a reasonable person -continues despite protests -complainant’s cooperation due to employment related threats/consequences Sexual Harassment –three characteristics -unsolicited, unwelcome, ought to be known to be unwelcome by a reasonable person -continues despite protests -complainant’s cooperation due to employment related threats/consequences

© 2007 Pearson Education Canada 2-18 Human Rights Legislation Sexual Harassment –sexual annoyance harassment with no direct link to job benefits –sexual coercion harassment with direct consequences to job benefits Sexual Harassment –sexual annoyance harassment with no direct link to job benefits –sexual coercion harassment with direct consequences to job benefits

© 2007 Pearson Education Canada 2-19 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 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

© 2007 Pearson Education Canada 2-20 Employment Equity Legislation Women Persons with disabilities Visible minorities Aboriginal people

© 2007 Pearson Education Canada 2-21 Employment Equity Legislation –Occupational segregation –Glass ceiling –Underutilization Designated Group Experiences –Concentration –Underemployment –Low status jobs with little career growth potential

© 2007 Pearson Education Canada 2-22 Employment Equity Legislation Employment Equity Act –protects women, visible minorities, persons with disabilities, Aboriginal peoples –removes employment barriers –promoted equality Employment Equity Act –protects women, visible minorities, persons with disabilities, Aboriginal peoples –removes employment barriers –promoted equality

© 2007 Pearson Education Canada 2-23 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 -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

© 2007 Pearson Education Canada 2-24 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 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

© 2007 Pearson Education Canada 2-25 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 –equal pay for: male-dominated job classes female-dominated job classes of equal value to the organization –value determined by job evaluation procedure

© 2007 Pearson Education Canada 2-26 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 –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

© 2007 Pearson Education Canada 2-27 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 organization’s effectiveness Diversity Management –broader/more inclusive than employment equity –a set of activities designed to: integrate all employees in multicultural workforce use diversity to enhance organization’s effectiveness

© 2007 Pearson Education Canada 2-28 Managing Diversity –Top management commitment –Diversity training –Inclusive and representative communications –Celebrate diversity Characteristics of Effective Diversity Programs –Support groups/ mentoring programs –Diversity audits –Management responsibility and accountability