Human Resources Comprehensive Assignment - Editing and formatting
CHAPTER 2
Operating within the Legal Framework
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Key Concepts
Identification of federal and provincial employment laws
Discrimination and harassment in the workplace
Relationship of line managers in creating positive work environments
Employment equity
Diversity
Ethics
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Operating within the Legal Framework
Experiences that you’ve had with a supervisor or manager at work that had a legal example?
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LEARNING OUTCOMES
Explain the impact of laws on the behaviour and actions of supervisors and managers
Discuss the legal framework of HRM in Canada
Explain and describe discrimination and harassment in the workplace
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LEARNING OUTCOMES (continued)
Outline the line manager’s role in creating a work environment that is free from harassment and discrimination
Identify the general types of employment laws in Canada
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LEARNING OUTCOMES (continued)
Explain the relationship between employment equity and diversity
Discuss the concept of ethics in the management of human resources
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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 not just a legal requirement, but “good business”
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THE LEGAL FRAMEWORK IN CANADA
Two sets of legislation
Federal
Provincial and territorial
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MAJOR EMPLOYMENT LAWS IN CANADA
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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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PROVINCIAL EMPLOYMENT LEGISLATION
Similar to federal legislation
Provides certain rights and guarantees
Covers health and safety, human rights, and unionized workplaces
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HUMAN RIGHTS LEGISLATION (FEDERAL AND PROVINCIAL)
Discrimination (intentional or unintentional)
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DISCRIMINATION
Essence of human rights legislation prohibits discrimination based on a number of factors such as:
Race
Religion
Gender
Age
Ethnic origin
Disability
Intentional and unintentional
Examples?
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PROVINCIAL AND TERRITORIAL HUMAN RIGHTS AGENCIES
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HUMAN RIGHTS LEGISLATION (FEDERAL AND PROVINCIAL)
Bona fide occupational requirement
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BONA FIDE OCCUPATIONAL QUALIFICATION
Justifiable discrimination
Able to set certain qualifications based on job requirements that can discriminate
Examples of qualifications an employer could impose that are discriminatory?
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HUMAN RIGHTS LEGISLATION (FEDERAL AND PROVINCIAL)
Reasonable accommodation
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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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Reverse Discrimination
Employers can be accused of giving preferential treatment (such as making a concerted effort to hire more people with disabilities) leading others to feel as if they are being disadvantaged.
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HUMAN RIGHTS LEGISLATION (FEDERAL AND PROVINCIAL)
Harassment
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HARASSMENT
Workplace behaviour and actions
Harassment deals with behaviours that people in the workplace perceive as unacceptable
Example: Ontario Human Rights Code definition of sexual harassment.
(1) when someone says or does things of a sexual nature that you do not want or welcome;
(2) when a person who has authority or power to deny you something makes sexual suggestions or requests that you do not want or welcome;
(3) when a person with authority or power to deny something punishes you, or threatens to do something to you, for refusing a sexual request
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You may wish to ask students what types of behaviours or actions in a classroom might be considered harassment, especially any type of psychological harassment.
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HARASSMENT
Other examples?
Harassment has been broadened to include psychological harassment (bullying).
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You may wish to ask students what types of behaviours or actions in a classroom might be considered harassment, especially any type of psychological harassment.
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HARASSMENT
Role of organizations and management regarding harassment?
Development of policies and procedures to prevent and deal with any complaints of harassment
Success of harassment program to be successful, it must operate on the principles of confidentiality and zero tolerance.
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You may wish to ask students what types of behaviours or actions in a classroom might be considered harassment, especially any type of psychological harassment.
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Case: Accommodation Using Google?
Case Study 1:
Do you think any request for accommodation has to be thoroughly considered from an individual employee’s perspective? Why or why not?
What could the company do now to prevent this in the future?
If you were a manager, and an employee requested accommodation due to a medical condition, what would you do first? Explain.
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ENFORCEMENT OF HUMAN RIGHTS LEGISLATION
Complaint-driven
Legislation is complaint-driven, relying upon individuals to access the Commission with a formal complaint about discriminatory practices.
Investigation
Determination of reasonable cause or not
Resolution/reconciliation
Decision
Acceptance or appeal
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HUMAN RIGHTS ENFORCEMENT
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EMPLOYMENT STANDARDS
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 injured on the job
More in Chapter 3
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Remind students that this topic will be covered fully in Chapter 3.
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EMPLOYMENT EQUITY
Employment of individuals in a fair and unbiased manner
Legislation that focuses on certain groups that have been historically disadvantaged—excludes certain groups
Women
Visible minorities
Aboriginal people
People with disabilities
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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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SYSTEMIC DISCRIMINATION
Examples?
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You may wish to ask students for other examples of systemic discrimination.
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PAY EQUITY
Primary goal?
Eliminate the historical wage gap between men and women for similar work.
Federal legislation that applies to federally regulated companies
“Pay for work of equal value”
Based on two principles:
equal pay for equal work,
equal pay for similar or substantially similar work
Challenge?
Difficulty in determining “equal value” for dissimilar jobs
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DIVERSITY MANAGEMENT
Optimizing everyone’s background for business success
Addresses the need to create a fair work environment that will utilize the potential of a diverse Canadian workforce
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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Ensure that students understand that diversity management is not the same as employment equity.
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ORGANIZATIONAL ETHICS
Set of standards of conduct and moral judgments that help to determine right and wrong behaviour in a work environment
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Application
In the HRM Close-up, Matt Robinson states that entrepreneurs are at a high risk when it comes to HR issues.
Why do you think he says this?
What has he done to help reduce his risk?
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Application
While people know that harassment and discrimination are illegal, why would an employee or potential employee be reluctant to complain?
An employee may be reluctant for fear of retaliation by the employer, including job loss, and a potential employee may fear a lost job opportunity.
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Application
You see a part-time job posted in your community for a tutor in a specific foreign language that also requires that the tutor be from the country of that language. Would being from a specific country be a justifiable BFOQ? Why or why not?
The person or organization seeking a tutor probably could not justify the requirement of being from a specific country. However, a justifiable BFOQ would be for the person to be fluent in the language.
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Application
You are a new branch manager of a large financial institution located in a medium-sized town. You know the company has a code of ethics that specifically states client information is confidential and not to be discussed or disclosed. You become aware that some staff are talking among themselves about some financial problems a prominent resident is having. How would you handle this and why?
Necessity of meeting with the staff (if the manager knows who they are)
Remind them of the code of ethics.
If the manager doesn’t know specifically who is involved?
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What are the two primary federal employment laws?
What is discrimination? What is harassment?
What is the name of the federal law that protects employees from harassment and discrimination?
What are the names of the general employment laws?
What is pay equity and why is it related to discrimination?
What is diversity? What is inclusion?
Define ethics?
Explain a code of ethics.
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