Human Resource Management Legal Issues PDF

Human Resource Management reserved. rights reserved....

Human Resource Management reserved. rights reserved. All rights The Changing Legal Emphasis Inc. All Canada Inc. Pearson Canada Compliance and Impact on Canadian 2015 Pearson Workplaces © 2015 Copyright © Copyright The Changing Legal Emphasis | 2-1  Today’s topics Ethics Employment issues and the law in Canada Discrimination Harassment Copyright © 2015 Pearson Canada Inc. All rights reserved. Employment standards The Changing Legal Emphasis | 2-2  ETHICS What are ethics? Ethical vs. Legal? Copyright © 2015 Pearson Canada Inc. All rights reserved. The Changing Legal Emphasis | 2-3 Copyright  2011 Pearson Canada Inc. (2) - 3  ETHICS How make decisions about whether ethical/unethical? How do people rationalize unethical behavior? What can HR do to help create/maintain an Copyright © 2015 Pearson Canada Inc. All rights reserved. ethical organization? The Changing Legal Emphasis | 2-4 Copyright  2011 Pearson Canada Inc. (2) - 4 The Changing Legal Emphasis | 2-5 Ethics HR’s Role in Organizational © 2011 by Nelson Copyright © 2015 Pearson Canada Inc. All rights reserved. Education Ltd.  The Legal Framework for Employment In Canada Employer: Employee: Right to modify Right to be employee work protected from terms for legitimate harmful business business needs practices Inc. All Canada Inc. Pearson Canada reserved. rights reserved. All rights Government: 2015 Pearson Balance needs of © 2015 employer and Copyright © Copyright employee The Changing Legal Emphasis | 2-6  Federal and provincial law Provincial/territorial 90% of employees responsibility for employment law Federal employment law for employees of 10% of employees Copyright © 2015 Pearson Canada Inc. All rights reserved. federally regulated industries (i.e. civil service, banks, airlines) The Changing Legal Emphasis | 2-7 Copyright  2011 Pearson Canada Inc. (2) - 7 The Changing Legal Emphasis | 2-8 Copyright Copyright © © 2015 2015 Pearson Pearson Canada Canada Inc. Inc. All All rights reserved. rights reserved.  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. Copyright © 2015 Pearson Canada Inc. All rights reserved. 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.” The Changing Legal Emphasis | 2-9  HW activity “Right or Wrong” quiz What are the key takeaways? Copyright © 2015 Pearson Canada Inc. All rights reserved. The Changing Legal Emphasis | 2-10 (2) - 10 The Changing Legal Emphasis | 2-11 Discrimination Prohibited Grounds of Copyright Copyright © © 2015 2015 Pearson Pearson Canada Canada Inc. Inc. All All rights reserved. rights reserved.  Prohibited grounds of discrimination Race Religion/Creed Colour Physical and mental Age handicap Copyright © 2015 Pearson Canada Inc. All rights reserved. Sex Ethnic/national origin Marital/family status Grounds vary across jurisdictions The Changing Legal Emphasis | 2-12 Copyright  2011 Pearson Canada Inc. (2) - 12  Types of Discrimination Intentional Unintentional Discrimination Discrimination direct constructive or differential or systemic unequal treatment discrimination Copyright © 2015 Pearson Canada Inc. All rights reserved. embedded in policies with adverse impact on specific groups. The Changing Legal Emphasis | 2-13  Unintentional Discrimination Examples: maximum height/weight requirements job evaluation systems that are not gender- neutral Copyright © 2015 Pearson Canada Inc. All rights reserved. lack of a harassment policy or guidelines The Changing Legal Emphasis | 2-14  I submit a job application. What happened? Copyright © 2015 Pearson Canada Inc. All rights reserved. The Changing Legal Emphasis | 2-15 Copyright  2011 Pearson Canada Inc. (2) - 15  Bona Fide Occupational Requirement (BFOR) justifiable reason for discrimination based on business necessity for safe and efficient operations e.g. must see to drive a bus Copyright © 2015 Pearson Canada Inc. All rights reserved. The Changing Legal Emphasis | 2-16  Reasonable Accommodation Vs. Undue Hardship Reasonable Accommodation adjustment of employment policies/practices so that no individual is denied benefits or is disadvantaged e.g. work station redesign for wheelchair Copyright © 2015 Pearson Canada Inc. All rights reserved. Undue Hardship financial costs make accommodation impossible The Changing Legal Emphasis | 2-17  Harassment “Unwelcome behavior that demeans, humiliates or embarrasses a person and that a reasonable person should have known would be unwelcome.” Copyright © 2015 Pearson Canada Inc. All rights reserved. The Changing Legal Emphasis | 2-18 The Changing Legal Emphasis | 2-19 Examples of Harassment Copyright Copyright © © 2015 2015 Pearson Pearson Canada Canada Inc. Inc. All All rights reserved. rights reserved.  Harassment Employer Responsibility protect employees from harassment includes harassment by clients or customers Copyright © 2015 Pearson Canada Inc. All rights reserved. The Changing Legal Emphasis | 2-20  Sexual Harassment Sexual Coercion (quid pro quo) “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.” Copyright © 2015 Pearson Canada Inc. All rights reserved. Sexual Annoyance (hostile work environment) “Sexually related conduct that is hostile, intimidating, or offensive to the employee but has no direct link to tangible job benefits or loss thereof.” The Changing Legal Emphasis | 2-21  Sexual harassment 80% of waitresses report being sexually harassed by co-workers or customers 70% of male restaurant workers reported being sexually harassed by co-workers and 55% by customers. Copyright © 2015 Pearson Canada Inc. All rights reserved. (U.S. statistics) Source: http://www.today.com/money/report-80-waitresses-report-being-sexually-harassed- 2D80199724 The Changing Legal Emphasis | 2-22 Copyright  2011 (2) - 22  Psychological Harassment attributed to “workplace bullying” based on grounds other than race, religion, and gender includes physical or verbal intimidation, Copyright © 2015 Pearson Canada Inc. All rights reserved. unfounded yelling, insults, spiteful comments, attempts to defame an individual, workplace isolation, demeaning work that makes minimal use of an employee’s competencies The Changing Legal Emphasis | 2-23 Copyright  2011 Pearson Canada Inc. (2) - 23  Harassment Policies To reduce liability, employers should: Have clear workplace harassment policies Communicate policies to all employees Copyright © 2015 Pearson Canada Inc. All rights reserved. Enforce policies in a fair and consistent manner Take an active role in maintaining a working environment that is free of harassment The Changing Legal Emphasis | 2-24  Employer’s Obligations Make employees aware of the issues antidiscrimination/antiharassment policy complaint mechanism training available for employees Signed documentation of receipt of training and familiarity with harassment policy Copyright © 2015 Pearson Canada Inc. All rights reserved. post-complaint actions assessing the seriousness of the complaint, launching an investigation promptly focusing on employee welfare, taking actions based on the complaint The Changing Legal Emphasis | 2-25  Employment Equity Act applies to federally regulated employers only promotes equality, removes employment barriers, equal pay for equal work Copyright © 2015 Pearson Canada Inc. All rights reserved. four designated groups: women visible minorities persons with disabilities Aboriginal peoples The Changing Legal Emphasis | 2-26  Designated Group Experiences Occupational segregation Glass ceiling Underutilization Copyright © 2015 Pearson Canada Inc. All rights reserved. Concentration Underemployment Low status jobs with little career growth potential The Changing Legal Emphasis | 2-27 Copyright  2011 Pearson Canada Inc. (2) - 27  EMPLOYMENT EQUITY DEBATE SIDES Side of room closest to door is AGAINST employment equity programs Side of room furthest from door is FOR employment equity programs Copyright © 2015 Pearson Canada Inc. All rights reserved. Middle section takes role of judge Take 10 minutes to develop arguments Each side will present their case The Changing Legal Emphasis | 2-28 Copyright  2011 (2) - 28  Implementing Employment Equity Program 1. obtain senior management commitment and support 2. collect data collection and analysis 3. review employment systems Copyright © 2015 Pearson Canada Inc. All rights reserved. 4. develop employment equity plan including goals and timetables 5. implement the plan 6. monitor, evaluate and revise the plan The Changing Legal Emphasis | 2-29 Copyright  2011 Pearson Canada Inc. (2) - 29  Employment Standards Legislation Laws present in every Canadian jurisdiction that establish minimum employee entitlements and set a limit on the maximum number of hours of work permitted per day a week Copyright © 2015 Pearson Canada Inc. All rights reserved. The Changing Legal Emphasis | 2-30  Employment Standards Act federal and provincial/territorial versions establish minimum terms for: wages, overtime pay paid holidays and vacations maternity/paternity leave Copyright © 2015 Pearson Canada Inc. All rights reserved. bereavement/compassionate care leave termination notice employment contracts may exceed minimums principle of greater benefit applies The Changing Legal Emphasis | 2-31 The Changing Legal Emphasis | 2-32 Copyright © 2015 Pearson Canada Inc. All rights reserved.  Respecting Employee Privacy Challenges Employer has right to prevent liability to the company eliminate time wasted on personal matters Copyright © 2015 Pearson Canada Inc. All rights reserved. prevent abuse of company resources Employees have right to: control over information about themselves freedom from interference in their personal life The Changing Legal Emphasis | 2-33  Internet and Email Usage Policy electronic surveillance is permitted employer should create written policy policy should be updated regularly to stay Copyright © 2015 Pearson Canada Inc. All rights reserved. current with technology The Changing Legal Emphasis | 2-34  Video Surveillance used to prevent employee theft and vandalism employees must be made aware Copyright © 2015 Pearson Canada Inc. All rights reserved. not advised if reasonable alternatives exist The Changing Legal Emphasis | 2-35  Additional link re: unconscious discrimination For those of you interested in the idea of unconscious discrimination that I mentioned: Implicit association test Copyright © 2015 Pearson Canada Inc. All rights reserved.  http://www.youtube.com/watch?v=KvKZnf1CVoU  https://implicit.harvard.edu/implicit/demo/takeatest.html The Changing Legal Emphasis | 2-36