Chapter 2 Operating within the legal framework (harassment for case study) Flashcards
Discuss the legal framework of HRM in Canada
- There are two distinct sets of legislation—federal and provincial.
- The Canadian Charter of Rights and Freedoms is the cornerstone of contemporary employment legislation.
What describes the basic obligations of employers
Employment standards legislation
What are the 2 primary federal employment laws?
- the Canada Labour Code and the Canadian Human Rights Act.
（The Canada Labour Code covers basic employment conditions, labour relations, and health and safety in the federal sector. ）
Define EMPLOYMENT EQUITY
A distinct Canadian process for achieving equality in all aspects of employment (book)
- Employment of individuals in a fair and unbiased manner
- Legislation that focuses on certain groups that have been historically disadvantaged
Define Pay Equity
The practice of equal pay for work of equal value.
- Federal legislation that applies to federally regulated companies
- Difficulty in determining “equal value” for dissimilar jobs
2 Principles behind pay equity
- The first is equal pay for equal work.
（Equal pay for equal work means that if a woman and a man are doing substantially the same work for the same organization or company, they must receive the same wage unless the difference is due to a formal seniority system, a temporary training assignment, or merit pay.）
- The second principle is equal pay for work that may be comparable in value to the organization.
（Pay equity compares the value and pay of different jobs. This means male and female workers must be paid the same wage rate for jobs of comparable value, such as nurse (historically female-dominated work) and electrician (historically male-dominated).）
Define Bona fide occupational qualification (BFOQ)
A justifiable reason for discrimination based on business reasons of safety or effectiveness
FEDERAL EMPLOYMENT LAWS
- Canada Labour Code
- Canadian Human Rights Act
- Personal Information Protection and Electronics Documents Act (PIPEDA)
PROVINCIAL EMPLOYMENT LEGISLATION
- Similar to federal legislation
- Provides certain rights and guarantees
- Covers health and safety, human rights, and unionized workplaces
The legislation that has had the most far-reaching impact on employment conditions
Canadian Charter of Rights and Freedoms and its impact in the area of human rights.
prohibition grounds
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
Systemic discrimination
“The exclusion of members of certain groups through the application of employment policies or practices based on criteria that are not job-related. Hidden, unintentionally, in the rules and procedures that organizations use in their various human resources management practices. “
- Hidden employment barriers
- Can result in inequities if individuals discouraged based on their membership in certain groups
- Examples include inflated job requirements or recruiting only close friends
Reverse discrimination
Giving preference to members of certain groups such that others feel they are the subjects of discrimination
Define Harrasement
- Any improper conduct by an individual, that is directed at and offensive to another person or persons in the workplace, and that the individual knew or ought reasonably to have known would cause offense or harm.
- A manager needs to ask whether a “reasonable person” would consider a certain behaviour or action as harassment.
bullying vs strong management
The difference appears to be whether feedback is constructive to help the employee with their work.
HUMAN RIGHTS ENFORCEMENT
(steps of CHRC)
