CHAPTER 2
Operating Within the Legal Framework
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Impact on Managers
• Determines what is expected to successfully
manage people
• Laws are written to protect employer and
employees
• Treating employees a certain way is not just a
legal requirement, but is “good business”
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The Legal Background of HRM
The Legal Framework in Canada
Two sets of legislation:
1. Federal
2. Provincial and territorial
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Federal Employment Laws
• Canada Labour Code
• Canadian Human Rights Act
• Personal Information Protection and Electronics
Documents Act (PIPEDA)
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Human Rights Legislation (Federal
and Provincial)
• Discrimination (intentional or unintentional)
• Bona fide occupational requirement
• Reasonable accommodation
• Harassment …
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DEFINITION
Systemic Discrimination
The exclusion of members of certain
groups through the application of
employment policies or practices based on
criteria that are not job-related
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Systemic Discrimination
• Hidden employment barriers
• Can result in inequities if individuals discouraged
based on their membership in certain groups
• Examples include inflated job requirements or
recruiting only close friends
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DEFINITION
Bona Fide Occupational Qualification
Job qualifications that may be discriminatory
due to business or safety reasons
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DEFINITION
Duty to Accommodate
Requirement that employers adjust
employment practices to avoid discrimination
Eg: McGill University
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Reasonable Accommodation
• Making adjustments to any aspect of working
conditions to prevent discrimination
• Employers expected to accommodate to the
point of “undue hardship”
• Differences in undue hardship for small and
large organizations
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DEFINITION
Reverse Discrimination
Giving preference to members of certain
groups such that others feel they are the
subjects of discrimination
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DEFINITION
Harassment
Any conduct or comment that a reasonable person
would consider objectionable or unwelcome
If in doubt … ask for help. CNESST is there to help.
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Harassment
• Consists of a variety of workplace behaviours and actions
• Concept of “reasonable person”
• Can be costly to an organization
• Policies and procedures to prevent and deal with
harassment
• Videos 1, 2 and 3
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Enforcement of Human Rights Legislation
• Complaint-driven
• Investigation
• Determination of reasonable cause or not
• Resolution/reconciliation
• Decision
• Acceptance or appeal
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Employment Standards Legislation
• Minimum obligations of employers
• Typically reflects views of government in relation to
social policy
• Covers such rights as:
• Hours of work
• Overtime pay
• Vacation pay
• Administered by agency or commission that both
interprets and enforces legislation
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Labour Relations Legislation
• Governs processes and procedures between
trade unions and employers
• Administered through a labour relations board
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Health and Safety Legislation and
Workers’ Compensation
• Governs employer responsibility for healthy and
safe workplace
• Administered through government agency
• Provides monetary payment to employees if
illness or injury caused by the job
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DEFINITION
Employment Equity
A distinct Canadian process for achieving
equality in all aspects of employment
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DEFINITION
Designated Groups
Women, members of visible minorities,
Indigenous peoples, and persons with
disabilities who have been disadvantaged in
employment
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DEFINITION
Pay Equity
The practice of equal pay for work of equal value
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Pay Equity
• Federal legislation that applies to federally regulated
companies
• Pay equity legislation is in 6 provinces
• Difficulty in determining “equal value” for dissimilar
jobs
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DEFINITION
Diversity
The combination of organizational policies
and practices that supports and
encourages employee differences in order
to reach business objectives
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DEFINITION
Inclusion
Putting the concept of diversity into action
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Diversity and Inclusion
• Optimizing everyone’s background for business success
• Voluntary
• Inclusive—not the same as employment equity
• Need to create environment for success
• Treat people as individuals
• Link directly to business objectives
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DEFINITION
Organizational Ethics
Things that matter to us that motivate our behaviour
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Organizational Ethics
• Code of ethics governs internal and external
relationships
• Formal written statements of an organization’s
primary values
• Whistleblowing
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