BUS 381 Lecture Notes - Protected Group, Sexual Orientation, Diversity Training

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By Mark Liangco | BUS 381
Chapter 2 The Changing Legal Emphasis: From Compliance to Valuing Diversity
Canada’s Employment Law Framework
1) Constitutional Law (Charter of Rights and Freedoms)
2) Legislated Acts of Parliament (Income Tax Act)
3) Regulations
o legally binding rules developed by human rights commissions
o they help handle complains
4) Common Law (Judicial precedents)
o Refers to accumulation of court rulings that are made by judges in the past.
5) Contract Law
o Collective agreements/employment contracts
Labor Standards Legislation
- Establish minimum entitlements for employees
o minimum wage, holidays and vacation
o maternity/parental leave
o bereavement and compassionate care leave
o termination notice and overtime pay
- Set limit on maximum number of work hours permitted per day or week
- Require equal pay for equal work (male and female workers)
Charters of Rights and Freedoms (1982)
- The biggest legislation that affects HRM.
- Focus: Equality and equal opportunity in terms of legal rights and freedom
Unions love the charter because it protect the employees (which is their job)
- Because of the freedom of peaceful assembly (strike) and
- The freedom of association
Human Rights Legislation (Prohibited Grounds of Discrimination)
1) Race
2) Color
3) Age
4) Sex
5) Religion
6) Physical and mental handicap (including alcohol and drug addiction)
o Does not include smoking!
7) Sexual orientation
8) Ethnic (National Origin) Not covered in BC
9) Family Status Not covered in Newfoundland and newbrunswick.
Focus of human rights legislation:
- Wants to ensure equal opportunities for everyone in terms of employment.
- Wants to ensure equality in employment for all its members
- Prohibit discrimination in terms of the characteristics
Bona Fide Occupational Requirement (BFOR)
1) A legal form of discrimination
2) Justified business reason for discrimination against members in a protected class
a. Based on business necessity for safe and efficient operations
b. Intrinsically required task (sight to drive a truck)
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