© 2013 by Nelson Education1 Foundations of Recruitment and Selection II: Legal Issues

Chapter Learning Outcomes  After reading this chapter you should:  Understand the major legal issues affecting recruitment and selection  Know how relevant human rights and employment equity legislation and policies affect recruitment and selection in your organization  Understand and be able to describe how legal concerns affect the practice of recruitment and selection © 2013 by Nelson Education2

Chapter Learning Outcomes  Know, and be capable of explaining the key legal concepts that have had an impact on recruitment and selection in this country  Be able to apply the basic concepts and principles discussed in the chapter to the development of recruitment and selection system that meet legal requirements © 2013 by Nelson Education3 3

Four Legal Sources Affecting Canadian Employment Practices 1. Constitutional law 2. Human rights legislation 3. Employment equity 4. Labour law, employment standards, and related legislation © 2013 by Nelson Education4

Constitutional Law  Constitutional law:  Is the Supreme Law of Canada  It has a pervasive impact on employment practices, as it does on all spheres of Canadian Society © 2013 by Nelson Education5

Human Rights Law  Human rights legislation:  Prohibits discrimination in both employment and the provision of goods and services (e.g., rental housing, service-in restaurants)  Legislation generally establishes human rights commissions or tribunals to deal with complaints, including those involving employment discrimination © 2013 by Nelson Education6

Human Rights Law  Section 8 of the Canadian Human Rights Act refers to a “a prohibited ground of discrimination.”  Race  National or ethnic origin  Colour  Religion  Age  Sex  Marital and Family status  Mental or physical disability  Pardoned conviction  Sexual orientation © 2013 by Nelson Education 7

Employment Equity Legislation  Employment equity:  the elimination of discriminatory practices that prevent the entry or retention of members from designated groups in the workplace  the elimination of unequal treatment in the workplace related to membership in a designated group (e.g., women, visible minorities, Aboriginal peoples, and people with disabilities) © 2013 by Nelson Education8

Benefits of Implementing Employment Equity  A work force representative of Canadian culture and diversity  An increase in global competitiveness and productivity  High employee morale and decreased absenteeism  Amicable relationships with customers and clients  Enhanced corporate reputation  Increased profitability and a better bottom line © 2013 by Nelson Education9

Labour Law  Federal/Provincial labour laws: stipulate the rights of the employees to organize trade unions and to bargain collective agreements with employers  Collective agreements: set out the conditions for unionized employees (e.g., Promotion, lateral transfer and demotion) © 2013 by Nelson Education10

Employment Standards  Employment standards: federal/provincial laws to regulate minimum age of employment, hours of work, minimum wages, statutory holidays, vacations, work leaves, and termination of employment © 2013 by Nelson Education11

Key Legal Concepts in Recruitment and Selection  Direct discrimination: occurs where an employer adopts a practice or rule that, on its face, discriminates on a prohibited ground  Indirect discrimination: occurs when an employer, in good faith, adopts a policy or practice for sound economic, or business reasons, but when it is applied to all employees it has an unintended, negative impact on members of a protected group  Adverse impact: occurs when the selection rate for a protected group is lower than that for the relevant comparison group © 2013 by Nelson Education 12

Key Legal Concepts (continued)  Bona fide occupational requirement (BFOR): requirement(s) that a person must possess to perform the essential components of a job in a safe, efficient, and reliable manner  an employer must show that the practice or policy was adopted in an honest and good- faith belief that it was reasonably necessary to ensure the efficient and economical performance of the job without endangering employees or the general public. © 2013 by Nelson Education 13

Key Legal Concepts (continued)  The policy or practice must be:  Impossible to accommodate without undue hardship to the organization  Necessary to eliminate sufficient risk  Undue hardship could be:  Significant financial cost  Disruption to an existing CA  Inflexible facilities  Safety is compromised for workers and/or the general public © 2013 by Nelson Education 14