Lesson 2 Flashcards
Define: charter of rights and freedoms
Under constitutional law
Applies to all
Define: discrimination
Exclusion or preference based on any prohibited ground that has a nullifying effect or impairs human rights
Define: employment standards legislation
Sets the minimum requirements in a jurisdiction
Wages, vacation, parental leave
Define: harassment
Unwelcome behaviour that demons, humiliates, or embarrasses a person and should know to be unwelcome
Define: KSAO
Knowledge, skills, abilities and other attributes or competencies
Define: occupational segregation
Certain occupations that are traditionally male or female dominated (e.g teaching)
Define: unintentional discrimination
Embedded in policies that seem neutral but have an adverse effect on protected groups
Define: data warehouse
Database that is optimized for reporting and analyzing raw material that is used for decision making
Define: E-HR
Technology that enables hr to integrate strategy, processes, and, humancapital to improve overall service
Define: employee self service
Manage and access to personal information
Define: HR technology
Any technology used to attract, retain, hire, and maintain talent, support administration
Define: HRIS
Human resource information system
Integrated system to collect, analyze and store HR data
Define: intranet
Network within an organization
Define: management self serve
Access to a range of employee information as well as personal information and allows to process HR paperwork
Define: Metrics
Measures of the impact of HRM practices on the performance of the organization and human capital
Define: web based application
App that can be accessed from any computer attached to the internet
Describe the Employment Labour Standards Legislation in Canada
Sets the minimum standards an employer has to abide by
Employees see it as a minimum
Employers see it as a glass ceiling
HR has to be the balance between
Describe the human rights legislation and the potential impact for organizations
The act is in all jurisdictions
Ensures every person residing in Canada the protections for intentional and unintentional discrimination
Describe the fundamental rights under the charter of rights and freedoms
Applies to all of Canada
Takes precedent over all other legislations and laws
Freedoms of
- conscience and religion
- thought, belief, opinion and expression
- peaceful assembly
- association
Define discrimination and list the types of discrimination
It is the exclusion or preference based on any prohibited grounds that has a nullifying effect that impairs human rights
Direct discrimination
1. Differential: no individuals should be treated differently for any terms or conditions based on prohibited grounds
2. Discrimination because of association: denial of rights because of friendship or other relationships with protected groups
Indirect discrimination
1. Constructive
2. Systemic
It is embedded in policies and practices that appear neutral on the surface and are implemented impartially
Describe employment equity and identify the four designated groups
It is designed to remove barriers in the workplace and promote equality for the designated groups
Women
Visible minorities
Disabilities
Aboriginal peoples
Define diversity
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Describe the role of HR in ensuring compliance
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Explain the importance and role of technology in HRM
HRIS
Compile profiles of employees helping with deciding who will be next in line for a position
HRM translates data stored in HRIS into meaningful information to assist with overall strategic goals
Takes the admin part of HR out, employee and management self serve
Assists with recruiting and selection, maintain talent, collecting and delivering information
Enables them to achieve three objectives
- Strategic alignment
- Business intelligence
- Effectiveness and efficiency
The seven core competencies that have emerged from technology
How has the traditional role changed?
Mastery of HR tech Strategic contribution Buisness knowledge Personal credibility Data management Financial management HR service delivery
- Decrease in transactional activities
- Increased customer focus
- Increase delivery of strategic services
Define HRIS and identify its main components
Integrated system used to gather, store and analyze information regarding an organizations Human Resources
Enables professionals to collaborate and ensure efficiency, become more customer focused, and align their activities with the business plan
Help automate and simplify tasks, reduce admin activities and provide management with data resources
Has the data warehouse
Used to imp over the quality of decisions made by managers, which is important for human capital
Define e-HR and describe the benefits of web based services
Tech that enables HR to integrate strategies, process, and Human capital to improve overall service
Takes away traditional HR services
- hr portal gives users a single access point for customized personal HR services
(Personal info, banking, payroll, benefits, payroll information, record vacation and sick days)
Explain the key trends in HR technology
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The hierarchy of employment legislation
- Charter of rights
- broadest level of protection - Human rights legislation
- provincial and territorial - employments standards act
- employers and employees
- varies by jurisdiction - Ordinary laws
- workplace
- things like health and safety - Employment contract
- between employee and employer
Describe reasonable accommodation and undue hardship
Employers need to adjust employment policies and practices so that no individual is prevented from doing his or her job on the basis of prohibited grounds
Undue hardship - the financial cost of accommodation or health and safety risks to the individual would make accommodation impossible
Explain the key trends of HR technology
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What three criteria did the Meiorin case establish for BFOR
- Question rationale: was it legitimate work related purpose
- Question good faith: did they honestly believe the requirements were necessary to fulfill the requirements of the role
- Question of reasonable necessity: was it impossible to accommodate
What was the top rated piece of knowledge required by HR professionals.
What came tied for second?
- Business acumen
2. Law and legislation and talent management
Formal and informal expectations play a role in the relationship between employer and employee. What is difficult about informal?
they are implied and sometimes personal expectations can be hard to manage if one part feels as though the other has violated the expectations
What is the primary objective of employment legislation?
to prevent employers from exploiting paid workers
employers can modify work terms
employees have the right to be protected from harmful business practices
Define: Tort law
It is primarily judge based law, where one judge sets precedent or jurisprudence which then establishes how similar cases will be interpreted
What are the two categories in tort law?
intentional and unintentional
Who sets regulations?
Human rights commissions and ministries of labour
Define: equality rights
provide the basis for human rights legislation, it guarantees the right to equal protection and benefit of the law without discrimination
Define: BFOR
bona fide occupational requirement
a justifiable reason for discrimination based on business necessity
With regards to Human Rights cases, explain the significance of disability cases
makes up almost half
can be physical or mental (physical, mental, learning, mental disorder, hearing or vision, epilepsy, drug or alcohol dependency, sensitivities
What are the three broad inquires to determine if discrimination has taken place?
- differential treatment
- enumerated grounds
- disrim in a substantive sense
What are the steps for accommodation?
First: removing physical, attitudinal or systemic barriers) – social handicapping
Second: company must demonstrate individual attempts to accommodate
Third: most appropriate accommodation must be implemented until undue hardship
Define Harassment
unwelcome behaviour that demeans or embarrasses a person that a reasonable person should know to be unwelcome
What are the two forms of sexual harassment
Sexual coercion: harassment of a sexual nature that results in direct consequence to the workers employment status or gain in or loss of tangibles
Sexual annoyance: sexually related that is hostile, intimidating or offensive but has no direct links to tangible benefits
What are the nine harassment policy steps
- create an anti harassment policy statement
- provide information for victims
- employees rights and responsibliites
- employers and managers rights and responsibilities
- anti harassment policy procedures
- penalties for exaltation against the complainant
- guidance for appeals
- other options such as grievance procedures
- how the policy will be monitored