Week 5 - Legal requirements and managing diversity Flashcards
How does HR determine the federal and provincial employment standards that apply to various workers
HR determines federal and provincial employment standards by determining if the organization itself is provincially or federally regulated.
10% of canadian employees work in federally regulated industries
CLC covers the minimum employment standards
90% of canadian employess fall under provincial legislation
List the groups who are protected from discrimination under the canadian human rights act
Race
National or ethnic origin
Color
Religion
Age
Sex
Sexual orientation
Gender identity or expression
Marital status
Family status
Disability
Genetic characteristics
Criminal conviction (to some extent)
Political belief
Membership in a trade union
Social condition
Describe the purpose of equity legislation
This legislation aims to prevent and address discrimination, harassment, and systemic barriers that certain individuals or groups may face based on factors like race, gender, age, disability, sexual orientation, and other protected characteristics. Equity legislation seeks to create a more inclusive and just society by ensuring that all individuals have equal opportunities and are treated with dignity and respect, regardless of their background or identity.
List various types of employment policies
Employment Standards Act (ESA) Compliance Policy: Ensures compliance with provincial or territorial ESA regulations, covering aspects like minimum wage, hours of work, overtime, and employment standards.
Workplace Violence and Harassment Policy: Addresses prevention, reporting, and resolution of workplace violence and harassment incidents, as required by occupational health and safety legislation.
The Employment Equity Act is an important piece of legislation that aims to promote equity and diversity in the workplace. The act requires federally regulated employers to take proactive measures to achieve equality for four designated groups:
Women
Indigenous Peoples
Persons with Disabilities
Members of Visible Minorities
Define harassment and the role that HR plays in adressing it
Harassment in Canada is unwanted behavior creating a hostile work environment. HR prevents and addresses it by developing policies, investigating complaints, resolving issues, ensuring compliance, offering support, and providing training.
Describe the strategic importance of diversity
Diversity is strategically important as it
drives innovation,
improves market understanding, attracts top talent,
reduces bias,
ensures compliance,
enhances reputation,
supports global expansion,
boosts employee engagement, mitigates risks,
fulfills legal and
ethical obligations, and aligns with social responsibility.
Discuss diversity vs inclusion perspective
Diversity Perspective:
Focus: The diversity perspective emphasizes the representation of individuals from various backgrounds, such as race, gender, age, and cultural diversity.
Goal: The primary goal is to achieve demographic variety within the workforce.
Measurement: Success is often measured through demographic data and statistics.
Challenges: Challenges in the diversity perspective include potential tokenism, a lack of inclusion, and limited opportunity for underrepresented groups.
Inclusion Perspective:
Focus: The inclusion perspective places emphasis on creating an environment where every individual, regardless of their background, feels welcomed and valued.
Goal: The primary goal is to foster a sense of belonging and ensure that all employees have equal access to opportunities and resources.
Measurement: Success is measured by indicators like employee engagement, satisfaction, and career advancement opportunities.
Challenges: Challenges in the inclusion perspective may include addressing unconscious bias, creating a culture of respect, and promoting equitable policies and practices.
What is ESA?
Employment standards act. legislation
- standard policy
How many hours to over time and what rate?
44 hours
Vacations pay under and over 5 years service?
2 weeks vacation pay under 5 years
3 weeks vacation pay over 5 years
What is the required notice for someone 2 years of service?
Notice of someone 2 years of service = 2 weeks
its 1:1
Are independent contractors subject to ESA
contractors may or may not be subjected to ESA
- depending on contract agreements
Who do you turn to if you have an issue?
Go manager first then *Ministry of labour
What is the ontario human rights comission?
The Ontario Human Rights Commission (OHRC) is a regulatory agency in Ontario, Canada, responsible for enforcing and promoting human rights and equal treatment.
Far reaching than ESA
What are the 3 questions asked to guide HR on which laws apply to a person?
- is the person an employee of the company or an independent contractor?
- is the organization provincially or federally regulated?
- is the employee unionized or non unionized?
