CANADIAN HUMAN RESOURCE MANAGEMENT

4
Legal Requirements and Managing Diversity

Chapter
Krista Uggerslev, NAIT

Four

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Learning Objectives
1. Explain the impact of government on human resource
management.
2. List the major provisions of the Canadian Human Rights Act.
3. Define harassment and explain what is meant by the term
sexual harassment.
4. Outline an employment equity program.
5. Explain the effect of human rights legislation on the role of
human resource specialists.
6. Describe the strategic importance of diversity for Canadian
workplaces.
7. Discuss a diversity perspective versus an inclusion perspective.

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LO1
Government Impact
• Federal and provincial laws regulate the
employee-employer relationship
• Responsibility of HR specialists:
– Stay abreast of the laws and interpretation of the
laws by regulatory bodies and court rulings
– Develop programs to ensure company compliance
– Pursue their traditional roles of obtaining,
maintaining, and retaining an optimal workforce
(in light of laws and societal objectives)

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The Charter of Rights and Freedoms

• The Canadian Charter of Rights and Freedoms is

contained in the Constitution Act of 1982
• Most far-reaching legal challenge for HR managers
• Charter provides fundamental rights to every
Canadian

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Human Rights Legislation

Objectives and
Type Source Jurisdiction

Passed by Parliament To ensure equal

employment
and enforced by federal
Federal Law opportunities with
Human Rights employers under federal
Commission/Tribunal
jurisdiction

Enacted by provincial To ensure equal

governments and employment
Provincial Law enforced by provincial opportunities with
human rights employers under
commissions/tribunals provincial jurisdiction

Schwind 12th Edition, Figure 4-1

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LO2
The Canadian Human Rights Act
• A federal law prohibiting discrimination.
• The act applies to all federal government
departments and agencies, Crown
corporations, and business and industry falling
under federal jurisdiction (e.g., banks, airlines,
railways, interprovincial communication)
• Each province has its own antidiscrimination
law

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Discrimination Defined
• Dictionary: “A showing of partiality or prejudice in
treatment; specific action or policies directed against the
welfare of minority groups.”
• Discrimination is not defined
in the Charter of Rights and
Freedoms, nor in any federal
or provincial human rights
legislation with the
exception of Quebec.

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Direct Discrimination
• Direct Discrimination
– On grounds specified in the human rights
legislation—is illegal.
– Legal discrimination: bona fide occupational
requirement (BFOR)
• But there is a duty to accommodate to the point of
undue hardship

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Indirect (Systemic) Discrimination

• Systemic Discrimination
– Company policy, practice, or action that is not
openly or intentionally discriminatory, but has a
discriminatory impact or effect
 Minimum height and weight requirements
 Minimum scores on employment tests
 Promotion criteria that favours seniority

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Prohibited Grounds of Discrimination

Race &
Colour National or
Pardoned Ethnic origin
Convicts

Canadian Religion
Disability Human Rights
Act Gender
Marital and Identity
Family status
Sex & Sexual
Age orientation
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LO3
Harassment
• Harassment
– Treating an employee in a disparate manner because of
that person’s sex, race, religion, age, or other protected
classification
• Sexual harassment
– Unsolicited or unwelcome sex or gender-based conduct
that has adverse employment consequences for the
complainant
• Employer Retaliation
– It is a criminal act to retaliate against employees who file
human rights charges
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Enforcement
• Canadian Human Rights Commission (CHRC) is
responsible for enforcement of the Canadian Human
Rights Act
• Canadian provinces and territories generally have
their own human rights laws and human rights
commissions with similar discrimination criteria,
regulations, and procedures

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LO4
Employment Equity

Persons with
Women
a disability

Aboriginal Visible
people minorities

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Employment Equity Act (1987)

• Abella Commission on Equality in
Employment was appointed
• Employment Equity Act was passed by the
federal government in 1987
– Employers with 100+ employees under federal
jurisdiction to develop annual plans setting out
goals and timetables

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Employment Equity Amendment (1996)

• As of 1996, employers are responsible for
providing reasonable accommodation, such
as:
– Providing a sign language interpreter for a job
interview with a deaf applicant
– Altering dress or grooming codes to allow
Aboriginal people to wear braids, etc.

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Functional Impact of Employment
Equity
• Virtually every HR function is affected by
employment equity plans:
– Human resource plans
– Job descriptions
– Recruiting
– Selection
– Training and development
– Performance appraisal
– Compensation program

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Major Steps: Employment Equity
Programs
• Exhibit
Commitment
• Appoint
Director

Publicize Survey the Develop Design

Commitment Workforce Goals & Specific
Timetables Programs

Establish
Controls

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Pay Equity
• Equal pay for work of equal value
– Federally, and in most provinces, it is illegal to pay
women less than men if their jobs are of equal value
• Major cases include:
– Federal government settled in 1999 at a cost of over $3.5
billion
– 2011 Supreme Court of Canada ruling involving Canada
Post is expected to cost $250 million

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Reverse Discrimination
• Usually arises when an employer seeks to hire or
promote a member of a protected group over an
equally (or better) qualified candidate who is not a
member of a protected group
– Places HR departments in difficult position
– Canadian Human Rights Act declares Employment Equity
Programs non-discriminatory if they fulfil the spirit of the
law

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The Principle of Natural Justice

• Minimum standards of fairness and implied
obligations for decision-making
• Rights:
 To a fair hearing
 To a bias-free proceeding
 To present the opposing
argument
 Of legal representation
 To timely notice of a hearing
 To a timely process

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Other Legal Challenges

• Canadian Labour Code (1971)
• Dismissal
• Hours of work and overtime regulations
• Minimum wages
• Occupational health and safety
• Weekly rest day
• WHMIS

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LO5
Strategic Implications of
Legal Challenges
• Ensure all rules and policies consider legal
aspects
• Employment equity requirements
• Good corporate citizen
• Training
• Sexual harassment and unjust dismissal

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Diversity in Canadian Workplaces

• Human characteristics that

influence an employee’s
values, perceptions of self
and others, behaviours,
and interpretation of
events around them.

Schwind 12th Edition, Figure 4-5

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Challenges for Diverse Workers

• Old Boy’s Network
– Informal relationships among male managers and
executives
• Glass Ceiling
– Invisible but real obstructions to career
advancement of women and visible minorities

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Diversity Management
• A diverse workforce requires managers with new
leadership styles who understand employees’
varying needs and creatively respond by offering
flexible management policies and practices
– A combination of factors have fundamentally changed
the way Canadian organizations work and who they
employ

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LO6
Strategic Importance of Diversity
Management

Changing Importance of
Workforce Human Capital
Diversity
Management
Increasing Diversity as a
Role of Competitive
Work Teams Advantage

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LO7
Diversity and Inclusion

Schwind 12th Edition, Figure 4-6

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Current Industry Practices

Diversity and • Awareness training

Inclusion Training • Skill-building training
Programs • Content vs. process training

Mentoring • Senior manager provides guidance

Programs • Formal or informal

Alternate Work • Non-traditional work arrangements

Arrangements • Provide more flexibility to employees

more
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Current Industry Practices (cont’d)

• A form of on-the-job training

Apprenticeships • Learn from an experienced person

• Provide emotional support to new

Support
employee who shares a common
Groups
attribute with the group

Communication • Formal internal protocols

Standards • Eliminate biases in communication

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4 Legal Requirements and Managing

Diversity Summary
After mastering this chapter content, you should be able to:
1. Explain the impact of government on human resource management.
2. List the major provisions of the Canadian Human Rights Act.
3. Define harassment and explain what is meant by the term sexual
harassment.
4. Outline an employment equity program.
5. Explain the effect of human rights legislation on the role of human
resource specialists.
6. Describe the strategic importance of diversity for Canadian
workplaces.
7. Discuss a diversity perspective versus an inclusion perspective.
© 2019 McGraw-Hill Ryerson Education Limited Schwind 12th Edition 4-30