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Chapter 2

Chapter 2: The Changing Legal Emphasis: From Compliance to Valuing Diversity

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Simon Fraser University
Business Administration
BUS 381
Rick Iverson

Chapter 2 The Changing Legal Emphasis From Compliance to Valuing DiversityLegal Framework for Employment Law in CanadaCommon lawjudicial precedentContract lawlegislation governing collective agreements and individual employment contractsRegulationslegally binding rules established by special regulatory bodies to enforce compliance with the law and aid in its interpretation90 of workers governed by provincial laws 10 in federal civil serviceCrown corpstransportationbankingcommunications14 jurisdictions in all 10 provinces 3 territories federalDifferences vacations statutory holidays minimum wageIncludes constitutional law Charter of Rights and Freedoms common law and contract lawLaws regarding healthsafety union relations pensions and compensationEmploymentLabour Standards LegislationInclude wages vacations maternity compassionate care leave termination notice overtimeEvery jurisdiction equal pay for equal work eg Male vs femaleLegislation Protecting Human RightsCharter of Rights and Freedoms 1982takes precedence over all other lawsoExceptions allowed if justifiable and reasonable or under the notwithstanding provisionoFreedom of conscience religion thought opinion expression peaceful assembly association equalityHuman Rights LegislationoProhibits discriminationsupersedes terms of any employment contractDiscrimination DefinedoDistinctionexclusionpreference based on prohibited grounds that either nullifiesimpairs right of person to fullequal recognition and exercise human rights and freedomsoIntentional refusing to hiretrainpromote based on discriminationoUnintentional aka constructive or systemic typically embedded in policiespractices that seem neutral and are implemented impartially but negatively impact specific groups of peopleeg minimum heightweight limited accessibility promotions based on seniority in organizations with history of whitemale dominationRequirement for Reasonable AccommodationoEmployers expected to accommodate to point of undue hardship eg Giving a pregnant woman lighter responsibilities until the costsrisks are impossibleoNo individual can be based on prohibited groundsDenied benefitsDisadvantaged in employmentPrevented from carrying out a jobPermissible DiscriminationoBona fide occupational requirement BFORjustifiable reason based on business necessity or can be clearly defended as intrinsically required by tasks eg blind person cant be a truck driver or specific roles in a theatre playHuman Rights Case ExamplesoRace and colour sexual orientation age religion disability harassmentHarassmentbehaviors a reasonable person should know are unwelcome eg bad jokes bullying sexistracist remarks abuse humiliation vandalism assaultoEmployers responsible to provide safehealthy environmentor else can also be charged along with the harasseroShould establish harassment policies and communicateenforce theseSexual harassmentoffensivehumiliating behavior related to someones sex also behavior of a sexual nature that is unwelcomeoSexual coercionrelating to employment status or tangible job benefitsoSexual annoyancehostile intimidating offensive but no link to tangible job benefitsEmployment Equity LegislationImportant equality equal opportunity equitable treatmentEmployment equity initiatives go beyond human rights lawsproactive programs Four groups that have undergone pervasive discrimination1Women2Aboriginals3People with disabilities4Visible minoritiesDesignated group experiences low pay segregation underutilization unemployment underemployment low status jobs w little career growth glass ceilingoOccupational segregationjobs that are traditionally male or female dominatedoGlass ceilinginvisible barrier caused by attitudebias limiting advancement opportunitiesUnderemploymentworking in a job that doesnt fully utilize ones knowledge skills and abilities KSAsEmployment equity programdetailed plan to identifycorrect discrimination and achieve balanced representation of designated groups Process includes1Seniormanagement commitment and support2Data collection and analysiscompare with external workforce set goals measure progress
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