Chapter 2: Legal Framework of HRM

Question 1

what is the role of HR in legal frameworks?

Answer 1

to move an organization past strict compliance with the law into a broader commitment of becoming the organization they want to be

Question 2

describe the canadian charter of rights and freedoms

Answer 2

• governs the country
• 1982
• highest level of legislation

Question 3

describe the canadian human rights act

Answer 3

• outlines equality rights
• prohibits discrimination and harassment

Question 4

describe the canada labour code

Answer 4

• outlines basic employment conditions
• health and safety in the workplace

Question 5

describe the personal information protection and electric documents act (PIPEDA)

Answer 5

• how companies handle employee information

Question 6

describe the federal pay equity act

Answer 6

employers need to address the pay gap (only federally run organizations)

Question 7

describe the employment equity act

Answer 7

• federal legislation enables equality for the 4 designated groups (visible minorities, women, indigenous, disabilities)

Question 8

define litigation

Answer 8

the process of taking legal action

Question 9

define discrimination

Answer 9

exclusion of members of certain groups in policies and practices

Question 10

what is a bona fide occupational qualification? (BFOQ)

Answer 10

job qualifications that may be discriminatory but are justified due to business or safety reasons
(e.g. hiring only female guards in a female-only prison)

Question 11

describe the duty to accomodate

Answer 11

requirement that employers adjust employment practices to avoid discrimination
(e.g. modifying work arrangements to help employees perform)

Question 12

define harassment

Answer 12

conduct that a reasonable person would consider objectionable or unwelcome

Question 13

what are some important factors in an anti-harassment policy?

Answer 13

• indicate commitment and governance
• encourage reporting
• clear definitions
• educate and communicate

Question 14

what does the canadian human rights commission do?

Answer 14

deals with complaints from people covered by the canadian human rights act

Question 15

what is the dispute resolution process? (5 steps)

Answer 15

1. complaint received
2. screening and investigation (what happened)
3. employer notified
4. mediation/conciliation/settlement (tries to find a solution)
   IF NEEDED
5. tribunal hearing

Question 16

what does alberta employment standards outline?

Answer 16

• minimum obligations (e.g. minimum wage, vacations, etc.)
• reflects views of the government

Question 17

describe labour relations

Answer 17

• governs processes between employers and unions
• labour relations board

Question 18

define ethics

Answer 18

moral principles that govern a persons behaviour

Question 19

what is a code of conduct?

Answer 19

ethical activities and behaviours are laid out in an organizational code of conduct

Question 20

define whistleblowing

Answer 20

reporting unethical behaviour and practices outside the organization
e.g. going to the news rather than HR

Question 21

how can HR help create an ethical environment?

Answer 21

• build an ethical culture
• code of conduct
• ethical leadership teams
• incorporate ethic into systems and practices
• embed ethical behaviours