Management of Human Resources:

The Essentials
Fifth Canadian Edition

Chapter 2
The Changing Legal
Emphasis Compliance and
Impact on Canadian
Workplaces

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Learning Outcomes (1 of 2)
• Explain how employment-related issues are
governed in Canada.
• Review at least five prohibited grounds for
discrimination under human rights legislation, and
describe the requirements for reasonable
accommodation.

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Learning Outcomes (2 of 2)
• Describe behaviour that could constitute
harassment, and explain the employers’
responsibilities regarding harassment.
• Describe the roles of minimums established in
employment standards legislation and the
enforcement process.

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It Is the Government’s Role to Balance
Employer and Employee Needs

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It Is the Government’s Role to Balance
Employer and Employee Needs (2 of 2)

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Tort Law
• primarily judge-based law, whereby precedent and
jurisprudences set by one judge through his/her
assessment of a case establishes how similar cases will
be interpreted

Regulations

• legally binding rules established by special regulatory

bodies created to enforce compliance with the law and aid
in its interpretation

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The
Canadian Charter of Rights and Freedoms
Freedoms include;
• freedom of religion
• freedom of thought, belief, expression and opinion
• freedom of peaceful assembly
• freedom of association
Section 15 – Equality Rights
• right to equal protection and benefit of the law
without discrimination
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Human Rights Legislation
Human rights legislation
• jurisdiction-specific legislation that prohibits
intentional and unintentional discrimination in
employment situations and in the delivery of
goods and services.

• What is discrimination?

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Discrimination Defined
“… a distinction, exclusion or preference based on
one of the prohibited grounds that has the effect
of nullifying or impairing the right of a person to full
and equal recognition and exercise of his or her
human rights and freedoms.”

https://www.businessinsider.com/united-airlines-sued-staffing-nfl-charters-with-young-blond-crews-2020-
9

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Types of Discrimination
Intentional Unintentional
• direct • constructive or systemic
discrimination
• differential or unequal
treatment • embedded in policies with
adverse impact on specific
• indirect (3rd party)
groups (for reasons that
• by association are not job-related).

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Bona Fide Occupational Requirement
(BFOR)
• justifiable reason for discrimination
• based on business necessity (safe and efficient
operations)
• Ex. vision standards for bus driver

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Bona Fide Occupational Requirement
(BFOR)
• Three criteria used to assess if the discrimination
qualifies as a BFOR:
1. Question of rationale: Was the policy or procedure that
resulted in the discrimination based on a legitimate, work-
related purpose?
2. Question of good faith: Did the decision makers or other
agents of the organization honestly believe that the
requirement was necessary to fulfill the requirements of the
role?
3. Question of reasonable necessity: Was it impossible to
accommodate those who have been discriminated against
without imposing undue hardship on the employer?

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Reasonable Accommodation
Requirement for Reasonable Accommodation
• adjustment of employment policies/practices so
that no individual is denied benefits or is
disadvantaged
• based on prohibited grounds in human rights
legislation
• e.g. work station redesign for wheelchair
Undue Hardship
• financial costs make accommodation impossible
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Disability – a protected ground
• Includes a wide range of conditions, some
which are visible and some which are not
• May be present from birth, caused by an accident,
or develop over time
• Provides protection for an inclusive society

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Duty to Accommodate
• Accommodation should be provided in a
manner that:
a) respects dignity
b) legal duty to accommodate – a partnership
c) most appropriate accommodation should be
undertaken

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Harassment (1 of 2)
“Unwelcome behavior that demeans, humiliates or
embarrasses a person and that a reasonable
person should have known would be unwelcome.”

• Employer
Responsibility
– protect employees from
harassment
– includes harassment by
clients or customers

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Sexual Harassment (1 of 2)
“Offensive or humiliating behaviour that is related to
a person's sex, as well as behaviour of a sexual
nature that creates an intimidating, unwelcome,
hostile, or offensive work environment or that could
reasonably be thought to put sexual conditions on a
person’s job or employment opportunities.”

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Sexual Harassment (2 of 2)
Sexual Coercion
• “Harassment of a sexual nature that results in
some direct consequence to the worker's
employment status or some gain in or loss of
tangible job benefits.”
Sexual Annoyance
• “Sexually related conduct that is hostile,
intimidating, or offensive to the employee but has
no direct link to tangible job benefits or loss
thereof.”
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Harassment Policies
Effective harassment policies should include:
1. clear workplace anti-harassment policy statement
2. information for victims (definitions, examples)
3. employees’ rights and responsibilities
4. employers’ and managers’ responsibilities
5. anti-harassment policy procedures
6. penalties for retaliation against a complainant
7. guidelines for appeals
8. other options such as union grievance procedures and
human rights complaints
9. how the policy will be monitored and adjusted
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Employer’s Obligations
• awareness of the issues of discrimination or
harassment
• fulfilling post-complaint actions
• resolving the complaint

Can’t
ignore

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Employment Equity Act
• based on Charter of Rights and Freedoms
• applies to federally regulated employers only
• promotes equality, removes employment barriers
• four designated groups: women, visible
minorities, persons with disabilities, Aboriginal
peoples

• https://www.canada.ca/en/employment-social-development/programs/
employment-equity.html

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The Plight of the Four Designated Groups
Women Aboriginals
• underrepresentation in • concentration in low
certain fields skill, low pay jobs
• glass ceiling

People with Disabilities Visible Minorities

• underrepresentation in • underemployed
all areas
• lower pay
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 Employment Standards Act
• federal and provincial/territorial versions
• establish minimum terms for:
– wages, overtime pay
– paid holidays and vacations
– maternity/paternity leave
– bereavement/compassionate care leave
– termination notice
• employment contracts may exceed minimums

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Respecting Employee Privacy
Challenges
• Employer has right to prevent liability to the
company
– eliminate time wasted on personal matters (social
media, games)
– prevent abuse of company resources

• Employees have right to:

– control over information about themselves

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PIPEDA
Personal Information Protection and Electronic
Documents Act (PIPEDA)
• Governs the collection, use and disclosure of
personal information across Canada
• Includes employers’ collection and dissemination
of personal info about employees
• 10 Principles
• Quiz: https://services.priv.gc.ca/quiz/en/business

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Internet and Email Usage Policy
• electronic surveillance is permitted
• employer should create written policy
• policy should be updated regularly to stay current
with technology

Video Surveillance
• used to prevent employee theft and vandalism
• employees must be made aware
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It Is the Government’s Role to Balance
Employer and Employee Needs (2 of 2)

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Chapter 2 – What’s Next….
1. Videos:
a) What are my business's responsibilities under PIPEDA?
https://www.priv.gc.ca/en/privacy-topics/privacy-laws-in-canada/the-personal-
information-protection-and-electronic-documents-act-pipeda/pipeda-compliance-
help/bus_pipeda_intro/bus_101_04/

b) Understanding Human Rights in

Ontario https://www.youtube.com/watch?v=IfZ8oeln9ig

2. Self Assessment – Quiz Me _ Chapter 2 in MyLab 

Est. 15 min.
3. Ontario Employment Standards Act discussion and
CIBC HR Reporter article review
4. Canadian Charter of Rights and Freedoms
discussion and Bill 124 HR Reporter article review
5. Future Trends assignment topics
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