Textbook Notes (367,756)
Canada (161,372)
Business (2,381)
BU354 (259)
Chapter 2

Chapter 2 BU354.docx

6 Pages
Unlock Document

John Coffey

BU354 Chapter 2 – The Changing Legal Emphasis Compliance and Week 2 Impact on Canadian Workplaces The Legal Framework for Employment Law in Canada -While HR professionals are expected to provide guidance, training, programs, and policy developments that are legally defensible, the actions of supervisors, and managers as agents of the organization must also abide by legislated rules and regulations -The primary objective of most employment legislation in Canada is to prevent employers from exploiting paid workers, assuming that an implicit power imbalance exists in the employment relationship -Canadian employment legislation is largely modelled on the US National Labour Relations Act with three differences -There is also a series of employment-specific legislation in Canada that employers must abide by such as the Employment Standards Act -There are laws that specifically regulate some areas of HRM – occupational health and safety, union relations, and pensions and compensations -Regulations – legally binding rules established by special regulatory bodies created to enforce compliance with the law and aid in its interpretation Legislation Protecting the General Population 1. The Charter of Rights and Freedoms 2. Human Rights Legislation The Charter of Rights and Freedoms -Charter of Rights and Freedoms – Federal law enacted in 1982 that guarantees fundamental freedoms to all Canadians -Applies to all levels of government and agencies under their jurisdiction -The Charter provides: 1. Freedom of conscience and religion 2. Freedom of thought, belief, opinion and expression, including freedom of the press and other media communication 3. Freedom of peaceful assembly 4. Freedom of association -The Charter provides Canadians multicultural heritage rights, minority language education rights, equality rights, the right to live and work anywhere in Canada, the right to due process in criminal proceedings, and the right to democracy -Equality rights – Section 15 of the Charter of Rights and Freedoms, which guarantees the right to equal protection and benefit of the law without discrimination Human Rights Legislation -Human rights legislation – jurisdictions specific legislation that prohibits intentional and unintentional discrimination in employment situations and in the delivery of goods and services -Supercedes the terms of any employment contract or collective agreement -Human rights legislation prohibits discrimination against all Canadians in a number of areas, including employment Discrimination Defined -Discrimination – as used in the context of human rights in employment, a distinction, exclusion, or preference based on one of the prohibited grounds that has the effect of nullifying or impairing the right of a person to full and equal recognition and exercise of his or her human rights and freedoms BU354 Chapter 2 – The Changing Legal Emphasis Compliance and Week 2 Impact on Canadian Workplaces Intentional Discrimination -An employer cannot discriminate directly by deliberately refusing to hire, train, or promote an individual -Discrimination is not necessarily over (blatant) it could be subconscious -An employer is also prohibited from intentional discrimination in the form of differential or unequal treatment -Differential or unequal treatment – treating an individual differently in any aspect of terms and conditions of employment based on any of the prohibited grounds -Ex. You cannot ask a female to demonstrate her lifting when applying for a job unless all applicants are asked to do so -An employer may not ask someone else to discriminate on his or her behalf -Discrimination because of association – denial of rights because of friendship or other relationship with a protected group member Unintentional Discrimination -Unintentional/constructive/systemic discrimination – discrimination that is embedded in policies and practices that appear neutral on the surface and are implemented impartially, but have an adverse impact on specific groups of people for reasons that are not job related or required for the safe and efficient operation of the business Permissible Discrimination via Bona Fide Occupational Requirements -Employers are permitted to discriminate if employment references are based on a bona fide occupational requirement (BFOR) -Bona fide occupational requirement – a justifiable reason for discrimination based on business necessity (that is, required for the safe and efficient operation of the organization) or a requirement that can be clearly defended as intrinsically required by the tasks an employee is expected to perform -Three questions help to determine if it is bona fide: -Was the policy or procedure that resulted in the discrimination based on a legitimate, work- related purpose? -Did the decision makers or other agents of the organization honestly believe that the requirement was necessary to fulfill the requirements of the role? -Was it impossible to accommodate those who have been discriminated against without imposing undue hardship on the employer? Reasonable Accommodation -Reasonable accommodation – the adjustment of employment policies and practices that an employer may be expected to make so that no individual is denied benefits, disadvantages in employment, or prevented from carrying out the essential components of a job because of grounds prohibited in human rights legislation -Employers are expected to accommodate to the point of undue hardship -Undue hardship – the point to which employers are expected to accommodate employees under human rights legislative requirements Human Rights Case Examples Disability -A disability in human rights legislation includes a wide range of conditions, some which are visible, and some which are not BU354 Chapter 2 – The Changing Legal Emphasis Compliance and Week 2 Impact on Canadian Workplaces -Temporary illnesses are not considered to be disabilities -The focus of a disability is not simply the presence of it, but the effect of the disability according to the Supreme Court of Canada -The Supreme Court of Canada has suggested three broad inquiries to determine if discrimination has taken place: 1. Differential treatment 2. An enumerated ground – Was the differential treatment based on an enumerated ground? 3. Discrimination in a substantive sense: Does the differential treatment discriminate by imposing a burden upon or withholding a benefit from a person? Accommodations: -The accommodation should be provided in a manner that most respects the dignity of the person, including an awareness of privacy, confidentiality, autonomy, individuality, and self- esteem -If discrimination does exist it must be legally defensible, in the sense that the company must demonstrate individualized attempts to accommodate the disability to the point of undue hardship -The duty to accommodate requires the most appropriate accommodation to be undertaken to the point of undue hardship -Accommodation of employees with “invisible” disabilities, such as chronic fatigue syndrome, fibromyalgia, and mental illnesses is becoming more common Harassment -Harassment – unwelcome behaviour that demeans, humiliates, or embarrasses a person and that a reasonable person should have known would be unwelcome -Some jurisdictions prohibit harassment on all prescribed grounds, while others only expressly ban sexual harassment -The psychological form of harassment is much more prevalent and pervasive in workplaces than physical violence -The Supreme Court has made it clear that protecting employees from harassment is part of an employer’s responsibility to provide a safe and healthy working environment -Sexual harassment – offensive or humiliating behaviour that is related to a person’s sex, as well as behaviour of a sexual nature that creates an intimidating, unwelcome, hostile, or offensive work environment, or that could reasonably be thought to put sexual conditions on a person’s job or employment opportunities -Sexual coercion-
More Less

Related notes for BU354

Log In


Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.