Dessler, Cole, Goodman, and Sutherland In-Class Edition Management of Human Resources Second Canadian Edition

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

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)

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

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)

5. Federal Legislation Charter of Rights and Freedoms Fundamental Freedoms • conscience and religion • thought, belief, opinion and expression • peaceful assembly • association

6. 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 People’s rights

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

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

9. Human Rights Legislation Prohibited Grounds of Discrimination • Race • Colour • Age • Sex • Marital/family status (grounds vary across jurisdictions) • Religion/Creed • Physical and mental handicap • Ethnic/national origin

10. Human Rights Legislation 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

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

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

13. Human Rights Legislation Undue Hardship • employersmust accommodate to the point of “undue hardship” = point where cost or health and safety risks make accommodation impossible

14. Human Rights Legislation Harassment (1 of 2) • physical assault • unnecessary physical contact • verbal abuse/threats • unwelcome invitation/requests • unwelcome remarks, jokes, innuendo

15. Human Rights Legislation Harassment (2 of 2) • leering • displaying pornographic/racist pictures • practical jokes causing embarrassment • condescension/paternalism undermining self-respect

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

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

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

19. Human Rights Legislation Harassment Policies • 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

20. Employment Equity Legislation Women Visible minorities Persons with disabilities Aboriginal people

21. Occupational segregation Glass ceiling Underutilization Employment Equity Legislation Designated Group Experiences • Concentration • Underemployment • Low status jobs with little career growth potential

22. Employment Equity Legislation Employment Equity Act • protects women, visible minorities, persons with disabilities, Aboriginal peoples • removes employment barriers • promoted equality

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

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

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

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

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

28. Top management commitment Diversity training Inclusive and representative communications Celebrate diversity Managing Diversity Characteristics of Effective Diversity Programs Support groups/ mentoring programs Diversity audits Management responsibility and accountability