Legal Requirements and Diversity, Equity, and Inclusion

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Grouping Canadian
Employment Legislation

Schwind 13th Edition, Figure 4-1

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 3

Which Employment Laws Apply?

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Is the organization Provincially or
Federally regulated?
Federally Regulated
Federal employment laws cover
about 10% of Canadian
employees who work in
federally-regulated industries
The Canada Labour Code covers
the minimum employment
standards (e.g., minimum wage,
termination provisions) for all
employees in federally regulated
industries

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Is the organization provincially or federally
regulated?

Provincially
Regulated

 90% of Canadian
employees fall under
provincial legislation:
The employment laws
of the province
employees work in
apply

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Is the employee Unionized or Non-unionized?

 Unionized employees are

covered under each
province’s labour laws
 Labour relations acts set
rules for how unions and
employers will organize and
collectively bargain to
determine the minimum
employment standards

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 7

Human Rights

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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 legislation for HR managers

Charter
 provides fundamental rights to every Canadian:
• Freedom of conscience and religion
• Freedom of thought, belief, opinion, and expression, including freedom of the
press and other media of communication
• Freedom of peaceful assembly
• Freedom of association

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The Canadian Human Rights Act
 A federal law prohibiting discrimination

 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 anti-discrimination law

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 10
Human Rights Commission

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 Human Rights Legislation

 Unlike employment
laws, human rights
legislation affects
nearly every HR
function and all parts
of one’s employment
with the organization.

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 Infringements
• When a person challenges an infringement of their
rights, the dispute may be settled by a tribunal, or
in court
• Every province and territory has lower courts,
which are the first to hear a case and make a ruling
• Cases may proceed to provincial higher courts, to
courts of appeal, and ultimately, to the Supreme
Court of Canada
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Ontario Human Rights Code 13
Accommodation, an Example:

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 14

Discrimination

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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.”

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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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Prohibited Grounds of Discrimination -
Ontario
In Ontario, the Code provides protection in these areas:

- Services, Goods and Facilities

- Housing

- Contracts

- Employment

- Membership in Vocational Association and Trade

Unions
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Prohibited Grounds of Discrimination -
Ontario

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

 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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 20

Employment Equity Programs

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 21
Employment Equity Act
Est 1987 – To ensure effective, efficient and equitable methods of promoting
employment opportunities.

Impacts all HR initiatives/functions … including, but not limited to:

 Labour Plans
 Job Description
 Recruitment & Selection
 Training & Development
 Performance Management
 Compensation

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The Employment Equity Act

Persons with
Women
a disability

Aboriginal Visible
people minorities

 Employers with 100+ employees under federal

jurisdiction must develop and submit annual plans
for removing employment barriers and promoting
equity with members of these four groups
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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
 The implication for HR is to be very certain wage
and salary systems do not discriminate
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 24
Pay Equity

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