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Chapter 4

BU354 Chapter 4: Chapter 4Premium

7 pages46 viewsFall 2018

Department
Business
Course Code
BU354
Professor
Shawn Komar
Chapter
4

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Chapter 4: Legal Requirements and Managing Diversity
Government Impact:
- Government, through the enforcement of laws, has a direct and immediate impact on the human
resource function
- The federal and provincial laws that regulate the employee-employer relationship challenge the
methods human resource department use
o Impact of these laws has helped elevate the importance of HR decisions
- To avoid flooding the courts with complaints and the prosecution of relatively minor infractions,
federal and provincial governments often create special regulatory bodies, such as commissions,
tribunals, and boards to enforce compliance with the law
- Regulations: legally enforceable rules developed by governmental agencies to ensure compliance with
laws that the agency administers
- HR involvement creates three responsibilities:
o HR experts must stay abreast of the laws and the interpretation of the laws by regulatory
bodies and court rulings
o They must develop and administer programs that ensure company compliance
o They must pursue their traditional roles of obtaining, maintaining, and retaining an optimal
workforce
The Charter of Rights and freedoms:
- Canadian Charter of Rights and Freedoms: federal law enacted in 1982, guaranteeing individuals equal
rights before the law
Human Rights Legislation:
- Seeks to provide equal employment opportunities without regard to people’s race, national or ethnic
origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability, or
conviction for an offence for which a pardon has been granted
o Requires every employer to ensure that equal opportunities are, in fact, reality and that there is
no discrimination either intentional or unintentional
Scope:
- Usually, employment-related laws and regulations are limited in scope; their impact on the human
resource management process is confined to a single human resource activity
- Human rights legislation is an exception:
o Its role is not limited to a single human resource activity
Instead, HR legislation affects nearly every human resource function: HR planning,
recruiting, selection, training, compensation and labour relations
Overview:
- Hr Legislation is a family of federal and provincial acts that have as a common objective the provision
of equal employment opportunity for members of protected groups
- Discrimination between workers on the basis of their effort, performance, or other work-related
criteria remains both permissible and advisable
- HR legislation permits employers to reward outstanding performers and penalize insufficient
productivity
o Its only requirement is that the basis for rewards and punishments be work-related, not based
on a person’s race, sex, age or other prohibited criteria
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The Canadian Human Rights Act:
- The act applies to all federal government departments and agencies, Crown corporations, and business
and industry under federal jurisdiction, such as banks, airlines, railways, and interprovincial
communication companies in their dealings with the public and in their employment policies
Discrimination Defined:
- A showing of partiality or prejudice in treatment; specific action or policies directed against the welfare
of minority groups
Direct vs. indirect (systematic) discrimination
- Legal discrimination
o Bona Fide Occupational Requirement (BFOR): A justified business reason for discriminating
against a member of a protected class. Also known as a bona fide occupational qualification
(BFOQ).
o Systematic Discrimination: Any company policy, practice, or action that is not openly or
intentionally discriminatory, but has an indirect discriminatory impact or effect.
o The Canadian Human Rights Commission: Supervises the implementation and adjudication of
the Canadian Human Rights Act.
Prohibited Grounds of Discrimination in Canada
- Race or colour
- Religion
o Duty to accommodate: Requirement that an employer must accommodate the employee to
the point of “undue hardship.
- Physical or mental disability
o Reasonable Accommodation: Voluntary adjustments to work or workplace that allow
employees with special needs to perform their job effectively.
- Dependence on alcohol or drugs
- Age
- Sex
- Marital status
- Family status
- Sexual orientation
- National or ethnic origin
- Ancestry or place of birth
- Language
- Social condition or origin
- Source of income
- Assignment, attachment or seizure of pay
- Based on association
- Political belief
- Record of criminal conviction
- Pardoned conviction
Harassment: Occurs when 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.
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