1. The Changing Legal Emphasis: From Compliance to Valuing Diversity
Dessler, Cole, and Sutherland
Human Resources Management in Canada
Canadian Ninth Edition
Chapter Two
The Changing Legal Emphasis: From Compliance to Valuing Diversity 2
© 2005 Pearson Education Canada Inc., Toronto, Ontario
© 2005 Pearson Education Canada Inc., Toronto, Ontario
2-1

2. Introduction to the Legal Environment
Equity
Equal Opportunity
Equality
© 2005 Pearson Education Canada Inc., Toronto, Ontario

3. Introduction to the Legal Environment
Multiple Legal Jurisdictions for
Employment/ Labour Law
-provincial/territorial laws govern 90% of workers
-federal laws govern 10% of workers in federal
civil service, Crown corporations and agencies,
transportation, banking, communications…
© 2005 Pearson Education Canada Inc., Toronto, Ontario

4. Introduction to the Legal Environment
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
© 2005 Pearson Education Canada Inc., Toronto, Ontario

5. © 2005 Pearson Education Canada Inc., Toronto, Ontario
Equality
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)
© 2005 Pearson Education Canada Inc., Toronto, Ontario

6. Equal Opportunity Charter of Rights and Freedoms (1982)
Fundamental Freedoms
-conscience and religion
-thought, belief, opinion and expression
-peaceful assembly
-association
© 2005 Pearson Education Canada Inc., Toronto, Ontario

7. Equal Opportunity Charter of Rights and Freedoms (1982) 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
© 2005 Pearson Education Canada Inc., Toronto, Ontario

8. Equal Opportunity Examples of Charter Applications
Charter protects rights:
-of farm workers to unionize
-to impose mandatory retirement at upper
age limit in human rights legislation
Charter does not protect rights:
-to bargain collectively and strike
-to picket
© 2005 Pearson Education Canada Inc., Toronto, Ontario

9. Equal Opportunity Human Rights – Prohibited Grounds of Discrimination
Race
Colour
Age
Sex
Marital/family status
(grounds vary across jurisdictions)
Religion/Creed
Physical and mental
handicap
Ethnic/national origin
……..
© 2005 Pearson Education Canada Inc., Toronto, Ontario

10. Equal Opportunity Types of Discrimination Prohibited Intentional
direct
differential/unequal
treatment
indirect
based on association
Unintentional
(constructive/systemic)
apparently neutral
policies have adverse
impact on protected
groups
© 2005 Pearson Education Canada Inc., Toronto, Ontario

11. Equal Opportunity 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
© 2005 Pearson Education Canada Inc., Toronto, Ontario

12. Equal Opportunity Human Rights Legislation
Reasonable Accommodation of Differences
-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
© 2005 Pearson Education Canada Inc., Toronto, Ontario

13. Equal Opportunity 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
© 2005 Pearson Education Canada Inc., Toronto, Ontario

14. Equal Opportunity Human Rights Legislation Harassment (1 of 2)
-physical assault
-unnecessary physical contact
-verbal abuse/threats
-unwelcome invitation/requests
-unwelcome remarks, jokes, innuendo
© 2005 Pearson Education Canada Inc., Toronto, Ontario

15. Equal Opportunity Human Rights Legislation Harassment (2 of 2)
-leering
-displaying pornographic/racist pictures
-practical jokes causing embarrassment
-condescension/paternalism undermining
self-respect
© 2005 Pearson Education Canada Inc., Toronto, Ontario

16. Equal Opportunity Human Rights Legislation Sexual Harassment
-sexual annoyance
-harassment with no direct link to job benefits
-sexual coercion
-harassment with direct consequences to job
benefits
© 2005 Pearson Education Canada Inc., Toronto, Ontario

17. Equal Opportunity Human Rights Legislation
Harassment Policies (1 of 2)
Have a clear workplace harassment policy
Provide company-wide harassment training
Require signed documentation of:
-receipt of harassment training
-familiarity with harassment policy
4. Investigate all harassment complaints thoroughly
© 2005 Pearson Education Canada Inc., Toronto, Ontario

18. Equal Opportunity Human Rights Legislation
Harassment Policies (2 of 2)
5. Consider all relevant factors before taking action:
-when harassment is proven
-when a false allegation of harassment is filed.
6. Provide support/counseling for harassment victims.
7. Monitor the workplace for signs of harassment.
8. Retaliation against complainant is a criminal offence.
© 2005 Pearson Education Canada Inc., Toronto, Ontario

19. Equal Opportunity Human Rights Legislation
Remedies for Human Rights Violations
-compensation for:-lost wages
-general damages and expenses
-pain and humiliation
-restoration of rights denied
-written letter of apology
-mandatory training sessions/workshops
-required employment equity program
© 2005 Pearson Education Canada Inc., Toronto, Ontario

20. Equity Employment Equity Designated Groups Women Visible minorities
Persons with
disabilities
Aboriginal
people
© 2005 Pearson Education Canada Inc., Toronto, Ontario

21. Equity Designated Group Experiences Lower pay Occupational segregation
Glass ceiling
Underutilization
Higher rates of
unemployment
Underemployment
Low status jobs with little career growth potential
© 2005 Pearson Education Canada Inc., Toronto, Ontario

22. Equity Federal Employment Equity Act
-proclaimed in 1987, amended in 1995
-protects women, visible minorities, persons with
disabilities, Aboriginal peoples:
-removes employment barriers
-promoted equality
© 2005 Pearson Education Canada Inc., Toronto, Ontario

23. Employment Equity Program Implementation Steps (in descending order)
Step 6: Monitoring, Evaluation, Revising
Step 5: Implementation
Step 4: Plan Development
Step 3: Employment Systems Review
Step 2: Data Collection and Analysis
Step 1: Obtaining Senior Management Commitment and Support
© 2005 Pearson Education Canada Inc., Toronto, Ontario

24. © 2005 Pearson Education Canada Inc., Toronto, Ontario
Equity
Pay Equity
equal pay for:
male-dominated job classes
female-dominated job classes
of equal value to the organization
value determined by job evaluation procedure
© 2005 Pearson Education Canada Inc., Toronto, Ontario

25. © 2005 Pearson Education Canada Inc., Toronto, Ontario
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
© 2005 Pearson Education Canada Inc., Toronto, Ontario

26. Managing Diversity Characteristics of Effective Diversity Programs
Celebrate diversity
Diversity training
Top management commitment
Support groups/ mentoring programs
Diversity audits
Management responsibility and accountability
Inclusive and representative communications
© 2005 Pearson Education Canada Inc., Toronto, Ontario