HR Law

Human Resources Management

(BUSI2312)

Canadian Charter of Rights and Freedoms

Section 15 Equality Rights
Every individual is equal before and
under the law and has the right to the
equal protection and equal benefit of
the law without discrimination and, in
particular, without discrimination based
on race, national or ethnic origin,
colour, religion, sex, age or mental or
physical disability.

Ontario Human Rights Code:

Prohibited Grounds of Discrimination

Race.
Color.
Creed or religion.
Sex.
Marital status.
Age.
Mental or physical disability.
Sexual orientation.
National or ethnic origin.

Family status.
Ancestry or place of origin.
Political belief.
Association.
Source of income.
Social condition or origin.
Language.
Pardoned conviction.
Assignment, attachment, or seizure of
pay.

Intentional and Unintentional

Discrimination is Prohibited
You cannot discriminate unless there is a bone fide occupational requirement
BFOR that cannot be reasonably accommodated (i.e. causes undue hardship for
employer in terms cost and health and safety).
For example:
Family status, office job.
Physical disability, flight attendant.
Religion, religious leader.
Gender, acting.
Age, firefighter.
Intentional (direct or indirect) vs. unintentional discrimination (e.g. old building,
employee referral).

Disabilities in the Workplace

https://www.youtube.com/watch?v=C
RHnlyJI0dg
1. How are the various disabilities
accommodated in the workplace?
2. How is doing good via
accommodating disabilities in the
workplace good for business?

Canada is a Mosaic

First Graduating Class

Harvard Medical School (1888)

First Graduating Class

Rotman School of Management (1924)

(http://www.labour.gc.ca/eng/standards_equity/eq/pubs_eq/eedr/2011/report/page11.shtml)

Employment Equity
1984 Royal Commission on Equality in Employment, led by now Supreme Court
Justice Rosalie Silberman Abella, found that four designated groups have been
disadvantaged in employment (e.g. occupational segregation, glass ceiling). Term
employment equity coined. Employment Equity Act developed and passed.
1. Women.
2. Aboriginal people.
3. Persons with disabilities.
4. Visible minorities.
Mandatory for employers under federal jurisdiction or bidding on federal
contracts of $200,000 or more.

Employment Equity Program

1. Demonstrate senior management commitment and support:
http://www.aircanada.com/en/about/career/about_diversity.html
2. Data collection and analysis:
Self-identification form:
https://www.tbs-sct.gc.ca/psm-fpfm/ve/dee/iden2-eng.asp
Underutilization: Representation in company < labour market.
Concentration: Representation in company > labour market.
3. Employment systems review, plan development and implementation.
http://www.scotiabank.com/ca/common/pdf/about_scotia/Scotiabank_Empl
oyment_Equity_Narrative_2014_-_English_Updated.pdf
4. Monitoring, evaluating, and revising the plan.

Employment Equity Program

What is Harassment?
Unwelcome behavior that demeans,
humiliates, or embarrasses a person
and that a reasonable person should
have known would be unwelcome.

Includes bullying and sexual

harassment (coercion and
annoyance).
Employer is responsible for protecting
employees from harassment from
other workers and customers/clients.

Harassment Policies
An anti-harassment policy statement,
stating the organizations commitment
to a safe and respectful work
environment and specifying that
harassment is against the law.
Information for victims (e.g.
identifying and defining it).
Employees rights and responsibilities
(e.g. respecting others, speaking up,
reporting it).

Employers and managers

responsibilities (e.g. putting a stop to
it, being aware, listening to
employees).
Anti-harassment policy procedures
(e.g. what to do).
Penalties for retaliation against a
complainant.
Guidelines for appeals.
Other options (e.g. union grievance
procedures, human rights complaints).
How policy will be monitored and
adjusted.

Its Never Okay: Ontario Government Action Plan

(http://docs.files.ontario.ca/documents/4136/mi-2003-svhap-report-en-for-tagging-final-2-up-s.pdf)

Employment Standards Act (ESA)

Laws present in every Canadian jurisdiction that establish minimum employee
entitlements and set out a limit on the maximum number of hours of work
permitted per day or week.
The Act:
http://www.ontario.ca/laws/statute/00e41?_ga=1.53957352.1994924810.14
47254500
The Guide:
http://www.labour.gov.on.ca/english/es/pubs/guide/
Principle of greater benefit applies if there is a conflict between the ESA and
another contract.
You can exceed minimums but you cannot waive or opt out of rights.

Lets Explore the ESA

1. Does an employer have to give staff time for lunch? If so, how long, and does it
have to be paid? 20(1), 21
2. Does an employer have to give staff vacation? If so, how long, and does it have
to be paid? 33(1), 35.2
3. What is minimum wage? 23(1) and
http://www.labour.gov.on.ca/english/es/pubs/guide/minwage.php
4. Can an employer make staff take a lie detector test? 70(1)
5. What is the definition of public holiday? Search public holiday
6. Someone in your family is sick? Can you take unpaid time off from work to
help them without losing your job? If so, for how long? 49.3(2)(4)(5)

To Sum Up & Next Class