Understanding Human Resources Management

Understanding Human
Resources Management
A Canadian Perspective
Prepared by Melanie Peacock PhD, MBA,
CPHR
1 Copyright © 2019 by Nelson Education Ltd.

CHAPTER 2
Operating Within the Legal Framework

Learning Outcomes
1. Explain the impact of laws on the behaviour and actions of managers.
2. Discuss the legal framework of HRM in Canada.
3. Describe discrimination and harassment in the workplace.
4. Outline the manager’s role in creating a work environment that is free from
harassment and discrimination.

5. Identify the general types of employment laws in Canada.
6. Explain the relationship between employment equity, diversity, and
inclusion.
7. Discuss the concept of ethics in the management of human
resources.
Learning Outcomes cont.

Impact on Managers
• Determines what is expected to successfully
manage people
• Laws are written to protect employer and
employees
• Treating employees a certain way is not just a legal
requirement, but is “good business”

The Legal Background of HRM
The Legal Framework in Canada
Two sets of legislation:
1. Federal
2. Provincial and territorial

Federal Employment Laws
• Canada Labour Code
• Canadian Human Rights Act
• Personal Information Protection and Electronics
Documents Act (PIPEDA)

Human Rights Legislation (Federal
and Provincial)
• Discrimination (intentional or unintentional)
• Bona fide occupational requirement
• Reasonable accommodation
• Harassment

Copyright © 2014 by Nelson Education Ltd.
Discrimination
•These 11 grounds are protected under the Canadian
Human Rights Act:
• Race
• National or Ethnic Origin
• Colour
• Religion
• Age
• Sex
• Sexual Orientation (LGBT – Lesbian, Gay, Bi-Sexual and Transgender)
• Marital Status
• Family Status (Caregiver)
• Disability
• A conviction for which a pardon has been granted or a record suspended
9

Discriminatory Practices
• Following policies or practices that deprive people of employment
opportunities.
• Paying men and women differently when they are doing work of the
same value.
• Retaliating against a person who has filed a complaint with the
Commission or against someone who has filed a complaint for them.
• Harassing someone
• Denying someone goods, services, facilities or accommodation.
• Providing someone goods, services, facilities or accommodation in a
way that treats them adversely and differently.
• Refusing to employ or continue to employ someone, or treating them
unfairly in the workplace.
Copyright © 2014 by Nelson Education Ltd. 10

Direct discrimination
• According to the Ontario Human Rights Commission, “a
person discriminates ‘directly’ when the action itself is
discriminatory and when the person acts on his or her own
behalf.
• Example: An employer refuses to consider a pregnant
female candidate or one who has just had a child for a
promotion because thy don’t think they will work as hard
DEFINITION

Indirect Discrimination
• According to the Ontario Human Rights Commission, indirect
discrimination is discrimination carried out through another
person.
• Example: An employee asks the director to not consider a
female candidate who is pregnant or wishes to have children
for a promotion.
• Sometimes a rule or practice unintentionally singles out
particular people and results in unequal treatment.
• Example: An internal policy that provides an attendance bonus
for employees who work over a certain number of overtime
hours in a year. Copyright © 2014 by Nelson Education Ltd. 12
DEFINITION

Systemic Discrimination
• Systemic discrimination results when organizational
policies, practices and cultures, for example, create or
perpetuate unequal treatment of a person or persons.
• Example: A policy stipulating that firefighters must meet a
height requirement of six feet, which disadvantages most
women, for example.
• Example: only hiring close friends
DEFINITION

DEFINITION
Bona Fide Occupational Qualification
Job qualifications that may be discriminatory
due to business or safety reasons

DEFINITION
Duty to Accommodate
Requirement that employers adjust employment
practices to avoid discrimination

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

DEFINITION
Harassment
Any conduct or comment that a reasonable
person would consider objectionable or
unwelcome

Harassment
• Consists of a variety of workplace behaviours and actions
• Concept of “reasonable person”
• Can be costly to an organization
• Policies and procedures to prevent and deal with harassment

Enforcement of Human Rights Legislation
• Complaint-driven
• Investigation
• Determination of reasonable cause or not
• Resolution/reconciliation
• Decision
• Acceptance or appeal

Employment Standards Legislation
• 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

Labour Relations Legislation
• Governs processes and procedures between trade
unions and employers
• Administered through a labour relations board

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 illness
or injury caused by the job

DEFINITION
Employment Equity
A distinct Canadian process for achieving
equality in all aspects of employment

DEFINITION
Designated Groups
Women, members of visible minorities, Indigenous
peoples, and persons with disabilities who have
been disadvantaged in employment

DEFINITION
Pay Equity
The practice of equal pay for work of equal value

Pay Equity
• Federal legislation that applies to federally regulated
companies
• Pay equity legislation is in 6 provinces
• Difficulty in determining “equal value” for dissimilar jobs

DEFINITION
Diversity
The combination of organizational policies
and practices that supports and encourages
employee differences in order to reach
business objectives

DEFINITION
Inclusion
Putting the concept of diversity into action

Diversity and Inclusion
• Optimizing everyone’s background for business success
• Voluntary
• Inclusive—not the same as employment equity
• Need to create environment for success
• Treat people as individuals
• Link directly to business objectives

DEFINITION
Organizational Ethics
Things that matter to us that motivate our behaviour

Organizational Ethics
• Code of ethics governs internal and external
relationships
• Formal written statements of an organization’s primary
values
• Whistleblowing

Understanding Human Resources Management

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