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MHR 523 (473)
Lecture 4

MHR 523 lecture 4.docx

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Department
Human Resources
Course
MHR 523
Professor
Al- Karim Samnani
Semester
Winter

Description
MHR 523 Lecture 4: Meeting Legal Requirements Midterm Structure: 50 MC(10 questions from each week of lecture), 5 SA (1 from each week of lecture) Government Impact - Pay attention to how those laws influence what HR managers can and cannot do? - Federal and provincial laws regulate the employee-employer relationship - Responsibility of HR Specialists: o Stay abreast of laws, interpretations, and court rulings o Develop and administer programs to ensure company compliance  Bill 168 (recent law) o First law to prohibit people from making illegal abuse caused psychologically/ emotionally (eg. Pranks, nonphysical abuse) o Provincial law, passed in Ontario. Many provinces do not have this law yet o If abuse occurs in the organization, an individual is able to file a lawsuit against the organization and not the individuals involved. The organization bears the costs and pays fines. Discrimination Laws: hiring and interview process ensure that no part of a decision is influenced by discriminatory principles Direct vs. Indirect Discrimination Direct Discrimination: on grounds specified in the human rights legislation is illegal o Common 50-60 years ago (e.g. Segregated schools in America) o Organizations were able to operate in a similar manner. Simply able to justify not hiring someone based on ethnicity. Subtle Discrimination: o Rationalized by saying it’s in the customers best interest (e.g. not hiring a woman because she is assumed to go away and have children) Indirect (Systematic) Discrimination: Company policy, practice, or action that is not openly or intentionally discriminatory, but has an impact or effect (e.g.minimum height and weight requirements, internal hiring policies, limited accessibility of buildings or facilities) o Stairs only way to get into a building, discriminating against the disabled. No one intended to discriminate but it still exists. Prohibited Grounds of Discrimination -Discrimination occurs even though the Canadian Human Rights Act protects against pardoned convicts, marital status, disability, sex, sexual orientation, age religion, national origin, race, colour etc. Human Rights Legislation -Bona fide occupational qualification (BFOQ) o Legal form of discrimination o Justified business reason for discriminating against a member of a protected class o E.g. not hiring a blind bus driver -Duty to accommodate o Requirement that an employer must accommodate the employee to the point of “undue hardship” o Government will understand of a small business who is unable to build a ramp to accommodate for the disabled due to low revenues. o Large corporations however must build a ramp Harassment - Sexual Harassment o Unsolicited or unwelcome sex or gender-based conduct that has adverse employment consequences for the complainant - Harassment o 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 o Bill 168 re-visited (psychological harassment).
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