MHR 523 Lecture Notes - Lecture 4: Canadian Human Rights Act, Verbal Abuse, Sexual Orientation

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Published on 2 Nov 2015
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MHR523 Chapter 4 notes
Meeting legal requirements
Federal and provincial laws regulate the relationships between employers and employees. Three
responsibilities that HR specialists are expected to have are:
Stay abreast of laws
Develop and administer programs that ensure company compliance
Must pursue their traditional roles of obtaining, maintaining and retaining an optimal workforce
Bargaining and striking are not fundamental freedoms (under the Charter of Rights and Freedom)
but instead are considered as statutory rights.
Charter of rights and freedom guarantees equality whereas Human Rights Act seeks to provide equal
employment opportunities.
Canadian Human Rights Act applies to all federal government departments and agencies, Crown
corporations, and businesses and industries.
Discrimination is defined as the partiality or prejudice in treatment, specific policies or actions
directed against the minorities.
Intentional Direct discrimination (BFOR or BFOQ): has a justified business reason for
discrimination and is considered as legal. **direct discrimination is illegal under the legislation unless
its BFOR
Unintentional indirect discrimination (Systematic Discrimination): when there is no intention to
discriminate anyone, but the system, policies or arrangements allow it to happen. (Examples: height
and weight requirements, promotions policies, employment tests)
Duty to accommodate: requirement that an employer must accommodate the employee to the point
of “undue hardship”
Prohibited grounds of discrimination:
1. Race and color
2. National or ethnic origins
3. Religion
4. Age
5. Sex
6. Family status
7. Marital status
8. Sexual orientation
9. Disability
10. Pardoned convicts
Harassment includes:
Verbal abuse or threats
Unwelcome gestures
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Document Summary

Federal and provincial laws regulate the relationships between employers and employees. Three responsibilities that hr specialists are expected to have are: stay abreast of laws, develop and administer programs that ensure company compliance, must pursue their traditional roles of obtaining, maintaining and retaining an optimal workforce. Bargaining and striking are not fundamental freedoms (under the charter of rights and freedom) but instead are considered as statutory rights. Charter of rights and freedom guarantees equality whereas human rights act seeks to provide equal employment opportunities. Canadian human rights act applies to all federal government departments and agencies, crown corporations, and businesses and industries. Discrimination is defined as the partiality or prejudice in treatment, specific policies or actions directed against the minorities. Intentional direct discrimination (bfor or bfoq): has a justified business reason for discrimination and is considered as legal. **direct discrimination is illegal under the legislation unless its bfor.

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