Copyright © 1999 Harcourt Brace & Company Canada, Ltd. Chapter 3 The Legal Environment Falkenberg, Stone, and Meltz Human Resource Management in Canada Fourth Edition

3.1 Chapter Overview n Legislation and jurisdiction n Human rights: Concepts and prohibitions n Employment equity and equal employment opportunity n Employment standards legislation

3.2 Protection Against Innocent Discrimination To protect against the challenge of discrimination in advertising, interviewing, and employment practices, employers need to: 1. Establish entry and training requirements that are truly prerequisite to the performance of a job. 2. Conduct structured interviews in which applicants are asked questions only of direct relevance to the job. To protect against the challenge of discrimination in advertising, interviewing, and employment practices, employers need to: 1. Establish entry and training requirements that are truly prerequisite to the performance of a job. 2. Conduct structured interviews in which applicants are asked questions only of direct relevance to the job.

3.3 Prohibited Grounds of Employment Discrimination in Canada Prohibited Grounds of Employment Discrimination in Canada n Race n Age n National/Ethnic origin n Colour n Nationality/Citizenship n Religion n Pregnancy/Childbirth n Sex n Marital status n Criminal conviction n Mental disability n Ancestry n Political beliefs n Family status n Sexual orientation n Place of residence

3.4 Subjects Covered in Guide to Screening and Selection in Employment n Name n Address n Age n Sex n Marital status n Family status n National or ethnic origin n Military service n Language n Race or colour n Photographs n Religion n Height and weight n Disability n Medical information n Pardoned conviction n Sexual orientation n References

3.5 Canadian Human Rights Commission's Guide to Screening and Selection in Employment Examples Avoid Asking:Preferred Question Comment about mother tongueAsk if applicant Testing or scoring understands, reads,applicants for language or speaks languagesproficiency is not permitted required for the job.unless job related. for birth certificates, Ask if applicant If precise age is required for baptismal records, is eligible to benefits plans, it can be or about age in work under determined after selection. generalCanadian laws.

3.6 How Employers Can Avoid Liability for Workplace Harassment n First, have a policy in place to deal with workplace harassment n Second, indicate clearly how to file a complaint n Third, never assume a harassment complaint is frivolous n Fourth, meet with witnesses and prepare statements n Fifth, consider taking steps to resolve the problem n First, have a policy in place to deal with workplace harassment n Second, indicate clearly how to file a complaint n Third, never assume a harassment complaint is frivolous n Fourth, meet with witnesses and prepare statements n Fifth, consider taking steps to resolve the problem

3.7 Employment Standards Legislation n Statutory school- leaving age n Minimum age of employment n Minimum wage rates n Equal pay for men and women n Hours of work n Weekly rest days n Annual vacations with pay n Termination of employment n Parental leave n Recovery of unpaid wages n Enforcement

3.8 Equal Pay for Men and Women n Equal pay for equal work n Equal pay for work of equal value (also termed comparable worth) n Pay equity