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)
- 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
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
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.
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
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
- Sexual Harassment
o Unsolicited or unwelcome sex or gender-based conduct that has adverse employment
consequences for the complainant
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).