CHAPTER 2

Operating Within the

Legal Framework
Learning Outcomes
• Explain the impact of laws on the behaviour and
actions of managers.
• Discuss the legal framework of HRM in Canada.
• Describe discrimination and harassment in the
workplace.
• Outline the manager’s role in creating a work
environment that is free from harassment and
discrimination.
• Identify the general types of employment laws in
Canada.
• Explain the relationship between employment
equity, diversity, and inclusion.
• Discuss the concept of ethics in the management
of human resources.
 • Determines what is expected to successfully
manage people

Legal • Laws are written to protect employer and

employees

Framework • Treating employees a certain way is not just a

legal requirement, but is “good business”
Impact • All employees, including supervisors and
managers, need to be aware of their own
personal biases.

Ignorance of the law is no excuse!

The Legal Background
of HRM

The Legal Framework in Canada

Two sets of legislation:
• Federal:
laws apply to everyone who lives in
Canada
for example: everyone must pay income
taxes)
• Provincial and territorial:
handled at the provincial level
for example: driver’s license

6 Copyright © 2019 by Nelson Education Ltd.

Federal Employment
Laws
• Canada Labour Code - covers basic employment
conditions, labour relations, and health and safety
matters

• Canadian Human Rights Act- Canadian Human Rights

Tribunal CHRT works like a court of law but it deals only
with cases of discrimination

• PIPEDA - Personal Information Protection and Electronics

Documents Act (and PIPA on provincial level)- dictates
how companies and managers handle employee
information and the rights of employees regarding this
information.

*one of the biggest concerns of managers and HR

professionals in any organization is privacy legislation
Human Rights Legislation
(Federal and Provincial)

• Discrimination (intentional or
unintentional)

• Bona fide occupational qualification

• Reasonable accommodation

• Harassment
 Discrimination

The core of human rights legislation is

prohibiting discrimination based on a
number of prohibited grounds such as:
• Race
• Religion
• Gender
• Age
• Ethnic origin
• Disability

[Link]
DEFINITION The exclusion of members of certain
groups through the application of
Systemic employment policies or practices based
Discrimination on criteria that are not job-related
 Systemic
Discrimination
• Hidden employment barriers

• Can result in inequities if individuals

discouraged based on their membership in

certain groups

• Examples include inflated job requirements or

recruiting only close friends

A better approach might be to vary recruitment methods by

contacting outside agencies and organizations.
DEFINITION Giving preference to members of
Reverse certain groups such that others feel

Discrimination they are the subjects of discrimination

DEFINITION
Bona Fide Job qualifications that may be

Occupational discriminatory due to business or safety

reasons
Qualification
 Bona Fide Occupational
Qualification
• A BFOQ is justified if the employer can
establish its necessity for business
operations
• Business necessity is a practice that
includes the safe and efficient operation
of an organization.
• Frequently, the HR professional and the
manager would work together to review
job requirements to determine if the
[Link]
qualifications met the BFOQ
requirement.

Examples in textbook: Page 44-45

DEFINITION Requirement that employers adjust

Duty to employment practices to avoid

Accommodate discrimination
Reasonable
Accommodation

• Making adjustments to any aspect of

working conditions to prevent
discrimination

• Employers expected to accommodate

to the point of “undue hardship”

• Differences in undue hardship for small

and large organizations
DEFINITION Any conduct or comment that a
reasonable person would consider
Harassment objectionable or unwelcome
 Harassment
Harassment occurs when someone:

• makes unwelcome remarks or jokes about your

race, religion, sex,
age, disability or other of the grounds of
discrimination

• threatens or intimidates you because of your race,

religion, sex, age,
disability or any other of the grounds of
discrimination

• makes unwelcome physical contact with you

• The concepts of harassment in the workplace are

being broadened to include psychological
harassment
(such as bullying, yelling at subordinates, excluding employees from
certain activities)

This Photo by Unknown Author is licensed under CC BY-ND

What do you think?

While people know that

harassment and
discrimination are illegal,
why would an employee
or potential employee be
reluctant to complain?
 Harassment
• The concepts of harassment in the workplace
are being broadened to include psychological
harassment
(such as bullying, yelling at subordinates, excluding
employees from certain activities)

• Sometimes there is a fine line between bullying

and strong management
• Can be costly to an organization
• Policies and procedures to prevent and deal with
harassment
• For a harassment program to be successful, it
must operate on the principles of confidentiality
and zero tolerance
This Photo by Unknown Author is licensed under CC BY-NC-ND
 Most provinces
impose a legal duty
on employers to
investigate any
reported
incidents of bullying
or harassment within
the workplace.

While there may be some differences in each province, the

law across Canada is clear— bullying and harassment
are simply not acceptable in the workplace.
 Employment
Standards Legislation
➢ Range of obligations under employment
standards legislation
➢ Typically reflects views of government in
relation to social policy
➢ Covers such rights as:
• Hours of work
• Overtime pay
• Vacation pay

[Link]
 Your Turn

You have been working

for your new employer for 1.5 years,
are you entitled for paid vacation time?

If yes, what are these minimum paid vacations?

[Link]
18 Copyright © 2019 by Nelson Education Ltd.
 Your Turn
Your work is very busy and your employer has asked you
to stay an extra hour at every day work during this week
(to work 9 hours instead of 8).

Are you entitled to overtime pay?

If yes, what would be an overtime pay your employer
must pay you?
[Link]
18 Copyright © 2019 by Nelson Education Ltd.
Labour Relations
Legislation

• Governs processes and procedures

between trade unions and employers

• Administered through a labour

relations board

More in Chapter 10 This Photo by Unknown Author is licensed under CC BY-SA-NC

Health and Safety Legislation
and Workers’ Compensation

• Governs employer responsibility for

healthy and safe workplace

• Administered through government

agency

• Provides monetary payment to

employees if illness or injury caused by
the job
This Photo by Unknown Author is licensed under CC BY-SA

More in Chapter 3
DEFINITION A distinct Canadian process for
Employment achieving equality in all aspects of

Equity employment

21 Copyright © 2019 by Nelson Education Ltd.

DEFINITION Women, members of visible
minorities, Indigenous peoples, and
Designated persons with disabilities who have

Groups been disadvantaged in employment

22 Copyright © 2019 by Nelson Education Ltd.

 Employment Equity
A distinct Canadian process for achieving equality
in all aspects of employment
• The federal government enacted legislation
over 20 years ago to bring certain groups of
people into the mainstream of Canada’s
labour force
• Legislation that focuses on designated
groups that have been historically
disadvantaged in employment:
• Women
• Visible minorities
• Aboriginal people
• People with disabilities
DEFINITION The practice of equal pay for work of

Pay Equity equal value

[Link]
 Diversity: The combination of organizational
DEFINITION policies and practices that supports and
encourages employee differences in order to
Diversity & reach business objectives

Inclusion Inclusion: Putting the concept of diversity into

action

Diversity as a source of innovation, creativity, and competitive advantage.

Diversity IS NOT
necessarily
indicative of the
Diverse = Inclusive?
acceptance of
differences
 Diverse Workforce

By 2031, 33%
of Canadian labour force
will be foreign-born

15 %
will belong to a minority group

Statistics Canada, 2019

 Diverse Workforce

67% of job seakers

see racial and gender diversity as an important The Millennial and
factor in their job search
Gen Z generations
are the most diverse in history!

50% of employees
want their company to commit more
energy toward promoting
diversity & inclusion

Bonusly,
2020
Inclusive Workplace

From a passive place of non-discrimination

to an active place of anti-discrimination!

- Reflect upon our perceptions

- Recognize the impact of systemic discrimination
- Evaluate our own privileges and biases
- Recognize and remove barriers for those around you
- Educate! Educate! Educate! (yourself and others)
Diversity and Inclusion
at Bow Valley College

LGBTQ Center
Gender and Sexual Diversity
Inclusive Workplace

Who is responsible for

creating an inclusive
workplace?

We ALL are!
DEFINITION Things that matter to us that
Organizational motivate our behaviour

Ethics
Organizational
• Code of ethics governs internal and external
Ethics relationships

Things that matter to us that • Formal written statements of an organization’s

primary values
motivate our behaviour

• Whistleblowing provides a mechanism,

particularly for employees, to report any
wrongdoing by their employer