HR and Ethics in Canadian Employment Law

Human Resource Management: Changing Legal Emphasis

• Focuses on legal compliance and its impact on Canadian workplaces.
• Key topics include ethics, employment law in Canada, discrimination, harassment, and employment standards.

Ethics

• Discusses the difference between ethical and legal considerations.
• Explores decision-making processes regarding ethical/unethical behavior.
• Investigates how people rationalize unethical behavior.
• Examines HR's role in creating and maintaining an ethical organizational culture.

HR's Role in Organizational Ethics

• The CCHRA's (Canadian Council of Human Resources Association) National Code of Ethics outlines standards for fairness, justice, truthfulness, and social responsibility for Certified Human Resources Professionals (CHRPs).
• Competence involves maintaining professional standards in knowledge, experience, and skill. Legal requirements necessitate adherence to all applicable laws and regulations.
• Dignity in the workplace prioritizes human rights, equity, dignity, and respect.
• Maintaining confidentiality within the scope of professional practice is essential.
• Professional development enhances credibility and value.

Legal Framework for Employment in Canada

• Employers have the right to modify employee work terms for legitimate business needs.
• Employees have the right to be protected from harmful business practices.
• The government balances the needs of employers and employees.

Federal and Provincial Law

• Provincial/territorial laws govern 90% of employees.
• Federal laws apply to 10% of employees in federally regulated industries (e.g., civil service, banks, airlines).

Multiple Layers of Canadian Legislation

• Canadian Charter of Rights and Freedoms - fundamental rights for all residents.
• Human Rights Legislation prohibits discrimination in employment and service delivery.
• Employment Standards Legislation sets minimum terms in employment relationships (e.g., wages, hours, maternity leave).
• Ordinary Laws pertain to workplace context (e.g., safety).
• Collective Bargaining Agreements are legally binding for unionized positions.
• Employment Contracts apply to individual employee/employer relationships.

Human Rights Legislation

• Jurisdiction-specific laws prevent intentional and unintentional discrimination in employment and service delivery.
• Discrimination is a distinction, exclusion, or preference based on prohibited grounds (e.g., race, religion, sex) that compromises equal rights.

Homework Activity

• "Right or Wrong" quiz is a learning exercise.
• Key takeaways from the course material are essential for comprehension.

Prohibited Grounds of Discrimination

• A variety of prohibited grounds for employment discrimination are listed and analyzed by province.

Types of Discrimination

• Intentional discrimination involves direct and differential unequal treatment.
• Unintentional discrimination includes constructive or systemic discrimination, with embedded policies that impact specific groups negatively.

Examples of Unintentional Discrimination

• Maximum height/weight requirements
• Job evaluation systems lacking gender neutrality
• Absence of harassment policies or guidelines

Bona Fide Occupational Requirement (BFOR)

• Legitimate justification for discriminatory practices based on business necessity for safe and efficient operations (e.g., height requirements for bus drivers)

Reasonable Accommodation vs. Undue Hardship

• Reasonable accommodation modifies policies to prevent disadvantages to individuals.
• Undue hardship involves financial barriers to reasonable accommodation.

Harassment

• Unwelcome behavior that demeanes, humiliates or embarrasses a person.
• A reasonable person should recognize the unwelcome behavior.

Examples of Harassment

• Unwelcome remarks, slurs, jokes, taunts, or suggestions based on personal characteristics.
• Unwelcome sexual remarks, invitations, or requests; unsolicited contact.
• Display of offensive material; abuse or threats.
• Practical jokes, intimidation, or uncomfortable physical contact.
• Humiliating behavior; abuse of authority; undermining someone's performance; personal vandalism; physical or sexual assault.

Employer Responsibility for Harassment

• Employers are responsible for protecting employees from harassment, including that arising from clients or customers.

Sexual Harassment

• Sexual coercion involves consequences to employment status or gain/loss of tangible benefits.
• Sexual annoyance involves hostile, intimidating, or offensive conduct without direct job-related consequences.

Sexual Harassment Statistics (U.S.)

• 80% of waitresses report harassment by co-workers or customers.
• 70% of male restaurant workers report harassment by co-workers, and 55% by customers.

Psychological Harassment

• Includes workplace bullying and intimidation based on grounds besides race, religion, and gender.
• Includes physical or verbal intimidation, unjustified yelling, insults, attempts to defame, isolation, and demeaning work.

Harassment Policies

• Employers should adopt clear policies and ensure their effective communication and consistent enforcement.
• Employers need to actively maintain a harassment-free work environment.

Employer Obligations related to Harassment

• Making employees aware of anti-discrimination/anti-harassment policies, ensuring a complaint mechanism, providing training, and documenting receipt of training.
• Assessing complaints, investigating promptly, caring for employee wellbeing, and taking appropriate action based on the findings.

Employment Equity Act

• Applies to federally regulated employers.
• Aims to promote equality in employment.
• Sets equal pay for equal work for designated groups (women, visible minorities, persons with disabilities, Aboriginal peoples).

Designated Group Experiences

• Occupational segregation; glass ceiling; underutilization; concentration; underemployment; low-status jobs with limited career growth.

Employment Equity Debate

• Arguments for/against employment equity programs.

Implementing Employment Equity Program

• Steps for successfully implementing the employment equity program, including obtaining senior management commitment, data collection/analysis, reviewing existing employment systems, creating a detailed plan, implementing the plan, monitoring, evaluating, and revising the plan.

Employment Standards Legislation

• Laws establishing minimum employee entitlements and limiting work hours.

Employment Standards Act

• Federal and provincial versions establish terms (wages, OT, holidays, leaves).
• Employment contracts can exceed minimums.
• Principle of greater benefit applies.

Employment Standards in Ontario

• Overview of Ontario's Employment Standards Act, which sets minimum standards.
• Details various aspects such as vacation time, pay, hours of work, overtime, and minimum wage.

Respecting Employee Privacy

• Employers' right to prevent liability by eliminating wasted time on personal matters, and preventing abuse of company resources;
• Employees' right to control information about themselves and freedom from interference in personal life.

Internet and Email Usage Policy

• Electronic surveillance permissible with workplace policy.
• Employer-created policies require updates to remain current with technology.

Video Surveillance

• Used to prevent employee theft and vandalism.
• Employees must be made aware of policies.
• Avoid surveillance if alternatives like effective security measures are viable solutions.

Additional Link: Unconscious Discrimination

• Information about implicit association tests.