1. 1 Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved.Schwind 7th Canadian Edition. 4 F O U R Meeting Legal Requirements C H A P T E R

2. 2 Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved.Schwind 7th Canadian Edition Government Impact Federal and provincial laws regulate the employee-employer relationship Responsibilities of HR specialists: –Stay abreast of laws, interpretations and court rulings –Develop and administer programs to ensure compliance –Continue to obtain, maintain and retain an optimal workforce

3. 3 Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved.Schwind 7th Canadian Edition The Charter of Rights and Freedoms Federal law enacted in 1982 is a far- reaching challenge for HR managers Does not include: –The Right to Bargain Collectively and to Strike –The Right to Picket –The Right to Work

4. 4 Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved.Schwind 7th Canadian Edition Human Rights Legislation Provincial Law Source: Enacted by provincial governments and enforced by provincial Human Rights Commissions Federal Law Source: Passed by Parliament and enforced by Federal Human Rights Commission Objectives & Jurisdiction: To ensure equal employment opportunities with employers under federal jurisdiction. Objectives & Jurisdiction: To ensure equal employment opportunities with employers under provincial jurisdiction.

5. 5 Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved.Schwind 7th Canadian Edition Direct vs. Indirect Discrimination Direct discrimination on grounds specified in the human rights legislation is illegal Indirect (systemic) discrimination –Company policy, practice, or action that is not openly or intentionally discriminatory, but has an indirect discriminatory impact or effect –Examples: minimum height and weight requirements; internal hiring policies, limited accessibility of buildings or facilities

6. 6 Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved.Schwind 7th Canadian Edition Human Rights Legislation Bona fide occupational qualification (BFOQ) –Legal form of discrimination –Justified business reason for discriminating against members in a protected class Duty to accommodate –Requirement that an employer must accommodate the employee to the point of “undue hardship”

7. 7 Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved.Schwind 7th Canadian Edition Prohibited Grounds of Discrimination Canadian Human Rights Act Pardonedconvicts National or ethnic origin Disability Marital and family status Religion Age Sex, sexual orientation Race and colour

8. 8 Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved.Schwind 7th Canadian Edition Harassment Harassment: –A member of an organization treats an employee in a disparate manner because of that person’s sex, race, religion, age or other protective classification Sexual Harassment: –Unsolicited or unwelcome sex or gender- based conduct that has adverse employment consequences for the complainant

9. 9 Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved.Schwind 7th Canadian Edition EnforcementEnforcement Canadian Human Rights Commission (CHRC) is responsible for the enforcement of the Canadian Human Rights Act All provinces and two territories (NWT & Yukon) have their own human rights laws and human rights commissions Canadian and provincial/territory commissions: –deal with complaints concerning discriminatory practices

10. 10 Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved.Schwind 7th Canadian Edition Employment Equity Visibleminorities Women Aboriginalpeople Persons with a disability

11. 11 Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved.Schwind 7th Canadian Edition Employment Equity Act (1987) Federal law to remove employment barriers and to promote equality Employers with 100+ employees under federal jurisdiction to develop annual plans

12. 12 Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved.Schwind 7th Canadian Edition Employee Equity Amendment (1996) Employers are responsible for providing “reasonable accommodation” to correct under-representation Examples: –Providing barrier-free work sites for employees requiring wheelchairs –Provision of equipment to accommodate persons with a sight and/or hearing disability –Altering work schedules to accommodate religious obligations

13. 13 Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved.Schwind 7th Canadian Edition Functional Impact of Employment Equity Human resource plans Job descriptions Recruiting & selection Training and development Performance appraisal Compensation programs

14. 14 Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved.Schwind 7th Canadian Edition Major Steps: Employee Equity Programs Exhibit Exhibit Commitment Commitment Appoint Appoint Director Director Exhibit Exhibit Commitment Commitment Appoint Appoint Director DirectorDevelop Goals & TimetablesDevelop Timetables DesignSpecificProgramsDesignSpecificPrograms EstablishControlsEstablishControls PublicizeCommitment Survey the Workforce

15. 15 Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved.Schwind 7th Canadian Edition Pay Equity Equal pay for work of equal value –Federally, and in most provinces laws exist that make it illegal to pay women less than men if their jobs are of equal value Recent cases include: –Federal Government settled in 1999 at a cost of $3.5 billion –Bell Canada

16. 16 Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved.Schwind 7th Canadian Edition Reverse Discrimination An employer seeks to hire or promote a member of a protected group over an equally (or better) qualified candidate who is not a member of a protected group –Canadian Human Rights Act declares Employment Equity programs are nondiscriminatory if they fulfill the spirit of the law

17. 17 Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved.Schwind 7th Canadian Edition Principle of Natural Justice Minimum standards of fairness and implied obligations for decision-making –Right to a fair hearing –Right to a bias-free process –Right to present the opposing argument –Right of legal representation –Right to timely notice of a hearing –Right to a timely process

18. 18 Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved.Schwind 7th Canadian Edition Other Legal Challenges Canada Labour Code Dismissal Hours of work and overtime regulations Minimum wages Occupational health and safety Weekly rest day Workplace Hazardous Material Information System (WHMIS)

19. 19 Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved.Schwind 7th Canadian Edition Strategic Implications Obey the law Employment equity requirements Good corporate citizen Training Sexual harassment and unjust dismissal

20. 20 Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved.Schwind 7th Canadian Edition. 4 F O U R Meeting Legal Requirements C H A P T E R