Module 3: Recruitment and the Law

Recruitment is the process of identifying and attracting potential job candidates. In this
module, students will learn about the factors that impact (constrain) recruitment, where high
quality job candidates can come from, when and why organizations might rely on different
recruitment strategies, the important role recruiters play during the recruitment process and
why evaluating recruiting effectiveness is a crucial step in evidence-based practice.
This module also provides a brief introduction to the major pieces of legislation governing
the employment relationship in Canadian workplaces. Protecting the rights of Canadian of
workers, especially from discrimination, inequitable treatment, and harassment is discussed.
Equity and diversity as a goal of legislative processes and outcomes is subsequently
presented. The underrepresentation of females (and minority group members) in top
leadership positions is presented as a sociological case study.

Learning Outcomes
After successful completion of this module, you will be able to:
●​ Discuss the role of recruitment in the HR lifecycle;
●​ Describe the pros and cons of internal versus external sources of recruitment;
●​ Talk about why referrals and social media are both beneficial and potentially
negative recruitment strategies;
●​ Apply different strategies to evaluate the effectiveness of one’s recruitment
methods.
●​ Name three pieces of major Canadian legislation and explain why they are
important to the employment relationship;
●​ Explain the definition of sexual harassment under OHSA Bill 132 and what an
employer’s responsibilities are under it;
●​ Define the Glass Ceiling and explain some potential sources of this invisible
barrier.

Module 3: Recruitment and the Law................................................................................................... 1

Did you know: Recruitment.............................................................................................................. 1
Did you know: The Law....................................................................................................................1
Podcast 1: Canadian Law and HR Managment................................................................................. 1
Podcast 2: Law and Diversity............................................................................................................1
Podcast 3: Employee Recruitment.....................................................................................................1
Video 1: The Tragedy of Lori Dupont (Ten Years Later).................................................................. 1
Video 2: Why we have too few women leaders................................................................................ 1
 Did you know: Recruitment
-​ Attracting large applicant pool
-​ Orgnaisation wants to be choosy
-​ Number of people who apply, only about ¼ will be interviews
-​ Up to 80% of jobs are never adversitsed, and therefore a successful job search is about
networking and finding hidden job market
-​ Recruitment is about attracting right applicants
-​ As an applicat self representation is important, soem research indicates that the amount of
time employers spend looking at resumes is 6 seconds, 76% of resumes tosses if
-​ Email addresses deemed unprofessional
-​ Spelling or grammar mistakes
-​ Avg interviews last 40 mins, but some studies show that 33% claim they knew who they
would hire within 90 seconds
-​ Recruitment is about getting right applicat to accept offer of employment, 75% of
professionals are passive candidates, employed but open to new opportunities nad offers
-​ Top candidates offered within 10 days, to be competitive in fast labour market, one has to
move quickly on the best talent

Did you know: The Law

-​ Hr professionals must be aware of labour laws
-​ Governed bby canadian employment law
-​ Industries that work interprovincially regulated by federal gov
-​ Airlines, teleecommunications, railways
-​ Others regulated by provinces
-​ Terminating employment relationship
-​ At will employment does exist in canada
-​ Canadas labour force is highly unionized
-​ Approc ⅓ of canadas workforce is unionised
-​ Employees lawfully permitted to join union adn participate in it s activities if they
desire
-​ Employers have legal duty to protect
-​ Held responsible for behavour or supervisors and employees
-​ May also be held ersponsbile for not complaining to responses of harassment

Podcast 1: Canadian Law and HR Managment

Legal Context and HRM
-​ Canadian Laws impact the employment relationship
-​ Human Rights legislation impacts every HR fucntion
-​ Decisions must be lawful
-​ Professionals must be aware or laws and legal rulings
-​ A few major pieces of legislation to be aware of…

Canadian Charter of Rights and Freedoms:

-​ Freedom of conscience and religion
-​ Freedom of thought, belief, opinion, and expression
-​ Freedom of peaceful assembly
-​ Freedom of association
Human Rights Act
-​ Equal employment opportunities
-​ Prohibits harassment
-​ Protects individuals who exercise their rights from retaliation

Employmnet Equity Act

-​ Remove barriers to employment
-​ Promote equality for designated groups
-​ Reasonable accommodation
-​ Correct under representation

Legal Context and HRM

-​ Overarching goal to protect rights of canadians; expose and correct workplace
discrimination
-​ Discrimination can be direct or indirect (systemic)
-​ Direct discrimination may be justified if prejudicial treament is BFOQ
-​ Generally employers have a duty to accommodate to a point of undue hardship
-​ Still ok to “discriminate” between employees on the basis of effort, performance or other
work related criteria

Harassment:
-​ Negative treatment due to sex, race, religion, age, or any other protected classification
-​ Encompasses vexatious comments or conduct that is know or ough reasonablly to be
known to be unwelcome
-​ Reasonable person test

-​ The OHSA ,bill 168, makes workplace violence and harassment illegal
-​ Onus is on employer to:
-​ Develope workplace policies
-​ Implement prevention programs
-​ Measure the risk
-​ Under Bill 168 violence is defined as:
-​ Physical force against a worker in a workplace that causes or could cause
physical injury
-​ An attempt to excersise such physcial force
-​ A statement or ehavour that is reasonable for a worker to interpret as a threat to
excersise such physical force
 -​ Sexual Harassment (Ammendment to OHSA, Bill 132)
-​ “Unwelcome sexual advances, requests for sexual favours, and other verbal and
physical contact” when:
-​ Engaging in a course of vexatious comment or concuct against a worker
in a workplace because of sex, sexual orentation, gender identity or
gender expression, where the course of comment or conduct is known or
ough reasonably to be know to be unwelcome, or
-​ Making a sexual solicitaion ot advance where the person making the
solicitation or advance is in a position to confer, grant or deny a benefit
of advancement to the worker and the person knows or ought reasonably
to know that the solicitation or advance is unwelcome

-​ First steps toward reducing harassment

-​ A clearly articulated statement on sexual harasmsnet that includes consequences

Summary:
-​ Governments shapes HR management
-​ Professionals must keep apprised of laws and regulations
-​ Managing a diverse workforce, adn recognsiisng adn correcting for past discrimination
is an ongoing challenge
-​ Employment equity programs
-​ Workplace harassment- violence and sexual harassment (OHSA)

Canadian Employment Laws and Their

Impact on HR
1. The Role of Employment Legislation in HR
●​ Canadian laws govern the employer-employee relationship and impact HR policies.
●​ HR professionals must comply with legal frameworks in their respective jurisdictions.
●​ Employment legislation aims to:
○​ Protect employee rights.
○​ Prevent discrimination and harassment.
○​ Ensure fair and equitable workplace practices.

2. Key Canadian Employment Laws

A. Canadian Charter of Rights and Freedoms (1982)
●​ Guarantees fundamental rights and freedoms, including:
○​ Freedom of conscience & religion.
 ○​ Freedom of thought, belief, opinion & expression.
○​ Freedom of peaceful assembly & association.
●​ Applies to individuals dealing with federal and provincial governments.
●​ Any law can be challenged in the Supreme Court if it violates the Charter.

B. Canadian Human Rights Act

●​ Prohibits discrimination based on:
○​ Race, ethnicity, color, religion, sex, sexual orientation, marital/family status, age,
disability, or criminal conviction (if pardoned).
●​ Applies to federal organizations, crown corporations, and businesses under federal
jurisdiction.
●​ Majority of discrimination claims involve disability, especially mental health.

C. Employment Equity Act (1987, Updated 1996)

●​ Aims to remove employment barriers for four designated groups:
○​ Women
○​ Persons with disabilities
○​ Indigenous peoples
○​ Visible minorities
●​ Requires federally regulated employers (100+ employees) to:
○​ Set annual equity goals and monitor progress for 3 years.
○​ Submit equity progress reports.
○​ Prepare an employment equity plan (e.g., reasonable accommodations).
○​ Examples of accommodations:
■​ Religious accommodations: Flexible work schedules for religious
obligations.
■​ Accessibility accommodations: Barrier-free workplaces for wheelchair
users.

3. Types of Workplace Discrimination

A. Direct Discrimination
●​ Blatant & intentional exclusion based on a protected characteristic.
●​ Example: "ACME does not hire women or people with curly hair."

B. Systemic (Indirect) Discrimination

●​ Policies or structures unintentionally disadvantage certain groups.
●​ Example: Workplace policies appear neutral but exclude certain groups.
○​ An old building without wheelchair access excludes people with disabilities.
○​ A height requirement for security guards may disadvantage women.
●​ Even if unintentional, systemic discrimination is illegal.

C. Exceptions: Bona Fide Occupational Qualification (BFOQ)

●​ Certain forms of discrimination are allowed if justified by job requirements.
●​ Example: A religious institution may require employees to follow its faith.
 ●​ To be legally valid, BFOQs must be proven essential to job performance.

4. Duty to Accommodate & Undue Hardship

●​ Employers must accommodate employees (e.g., disability, religion, family status) to the
point of undue hardship.
●​ Undue hardship considerations:
○​ Financial cost to the employer.
○​ Health & safety risks.
○​ Interference with collective agreements.
○​ Impact on other employees (e.g., morale, workload).
●​ Example of Reasonable Accommodation:
○​ Providing ergonomic workstations for employees with disabilities.
○​ Allowing flexible work hours for religious observances.
●​ It is still legal to "discriminate" based on:
○​ Effort, performance, and other job-related factors (e.g., merit-based
promotions).

5. Workplace Harassment & Violence

A. Workplace Harassment
●​ Harassment occurs when an employee is treated negatively based on protected grounds
(sex, race, religion, etc.).
●​ Includes:
○​ Vexatious comments or actions that are known (or should be known) to be
unwelcome.

B. Occupational Health and Safety Act (OHSA)

●​ Ontario’s key workplace safety law.
●​ Bill 168 (Workplace Violence & Harassment)
○​ Employers must:
■​ Develop violence & harassment policies.
■​ Implement prevention programs.
■​ Assess workplace violence risk.
○​ Workplace violence includes:
■​ Physical force or threats that cause or could cause injury.
■​ Attempts or statements interpreted as threats.

C. Bill 132 (Sexual Harassment)

●​ Defines workplace sexual harassment as:
○​ Unwelcome sexual advances, requests, or comments.
○​ Conduct based on sex, gender identity, or expression.
○​ A power imbalance where refusal leads to negative job consequences.
●​ Examples:
 ○​ Verbal harassment (e.g., inappropriate jokes).
○​ Physical advances (e.g., unwanted touching).
○​ Quid pro quo harassment (e.g., "If you date me, I’ll promote you").

6. Preventing Workplace Harassment & Discrimination

A. Employer Responsibilities
●​ Develop clear policies on workplace harassment & discrimination.
●​ Train employees to recognize and report misconduct.
●​ Ensure fair and unbiased hiring and promotion practices.
●​ Employment equity programs help correct past discrimination.

B. Government’s Role in HR Regulation

●​ Legislation protects employee rights and ensures fair treatment.
●​ Employers must stay updated on changing laws and regulations.
●​ Balancing diversity & inclusion with business efficiency remains an ongoing challenge.

7. Conclusion: HR's Legal Responsibilities

●​ HR professionals must ensure compliance with employment laws.
●​ Key responsibilities include:
○​ Preventing discrimination & harassment.
○​ Ensuring equitable hiring & promotion.
○​ Creating inclusive workplaces.
○​ Upholding occupational health & safety.
●​ Legislation evolves, requiring HR professionals to stay informed and adapt policies
accordingly.

These notes provide a detailed and structured understanding of Canadian employment laws,
discrimination, and harassment policies. Let me know if you need further refinements

Podcast 2: Law and Diversity

Law and Diversity in Canadian Workplaces

1. The Goal of Canadian Labour Legislation
●​ Promote equity and diversity in workplaces.
●​ Reduce social and economic inequality.
●​ Despite laws, inequitable employment opportunities persist for:
○​ Women
○​ Visible minorities
○​ People with disabilities
○​ Other marginalized groups
●​ Barriers include:
○​ Old Boys' Network – Informal networks that favor men.
○​ Glass Ceiling – Invisible barriers preventing career advancement.
○​ Stereotypes – Unconscious biases about who "should" perform certain jobs.

2. Expanding Definitions of Diversity

●​ Historically, diversity was defined by surface-level traits:
○​ Race, sex, age.
●​ Now, diversity includes deeper dimensions:
○​ Core dimensions: Race, sex, age, religion, ethnicity, culture, sexual orientation,
mental/physical ability.
○​ Secondary dimensions: Education, family status, first language, hobbies.
●​ Workforce demographics are shifting:
○​ Historically dominated by Caucasian men.
○​ Now includes more women, ethnic minorities, Indigenous peoples, and people
with disabilities.
●​ Organizations must treat people as individuals, not just as members of a demographic
group.

3. Challenges in Workplace Diversity

●​ Many Canadian employers claim to support diversity.
○​ However, less than 50% back up commitments with real HR policies.
●​ Result:
○​ Visible minorities report lower career satisfaction.
○​ More barriers to advancement than Caucasian employees.

4. Strategies for Promoting Workplace Diversity

A. Diversity Training Programs
●​ Two types:
1.​ Awareness Training – Emphasizes the value of diversity and builds a business
 case for inclusion.
2.​ Skill-Building Training – Teaches employees how to work with cultural
differences.

B. Mentorship & Apprenticeship Programs

●​ Pair underrepresented employees with senior managers.
●​ Apprenticeships provide hands-on learning for skill development.

C. Support Groups & Flexible Work Arrangements

●​ Employee resource groups provide community & networking.
●​ Flextime & telecommuting help reduce work-life conflicts.

D. Organizational Diversity Initiatives

●​ Key characteristics of successful programs:
○​ Strong commitment from leadership.
○​ Internal & external communication about diversity efforts.
○​ Workforce diversity assessments.
○​ Clear goals & timelines for diversity progress.
○​ Corrective actions (remedial programs) for underrepresented groups.
○​ Active recruitment of minority candidates.
○​ Ongoing review of HR policies to eliminate bias.
○​ Accountability systems to measure progress.

5. Gender and Leadership: Breaking the Glass Ceiling

A. Women in Leadership
●​ Women remain underrepresented in executive roles:
○​ 50% of professional jobs, yet:
■​ 26% of seats in Parliament.
■​ 8% of CEO positions.
●​ Research shows:
○​ Women are as effective as men in leadership roles.
○​ Leadership styles differ:
■​ Women are more participative & transformational.
■​ Women use contingent rewards (linking rewards to performance).
○​ Bias in evaluations:
■​ Women are devalued when leading in "masculine" ways.
■​ Performance is judged more harshly in male-dominated fields.

B. Barriers to Women’s Advancement

1.​ Glass Ceiling – Invisible barriers to career progression.
2.​ Sticky Floor – Women remain stuck in low-wage, low-prestige jobs.
3.​ Second Shift – Women perform most unpaid domestic labor.
4.​ Glass Walls – Women struggle to make lateral career moves, limiting their experience.
C. Explanations for the Glass Ceiling
1.​ Stereotypes & Prejudice
○​ Old Boys' Club excludes women from leadership.
○​ Bias against women in male-dominated roles.
2.​ Self-Promotion & Negotiation
○​ Women less likely to negotiate for promotions.
3.​ Human Capital Disparities
○​ Fewer women in STEM fields.
○​ Fewer opportunities for leadership training.
4.​ Work-Life Conflict
○​ Family responsibilities pull women away from career growth.
○​ Sheryl Sandberg (Facebook COO) encourages women to "lean in" to
opportunities.

D. Addressing Gender Inequality in Leadership

●​ Individual Level: Teach women negotiation & leadership skills.
●​ Interpersonal Level: Challenge gender stereotypes.
●​ Organizational Level: Promote structural changes in leadership pipelines.
●​ Societal Level: Advocate for gender equity in education & social policies.

6. The Queen Bee Syndrome

●​ Definition:
○​ The idea that successful women may not support other women in leadership.
●​ Possible explanations:
○​ Survival strategy in male-dominated workplaces.
○​ Women distance themselves from female colleagues to be seen as more
masculine & dominant.
○​ Limited leadership positions create competition among women.
●​ Research evidence is weak, but anecdotal stories persist.

7. Conclusion: The Future of Diversity in Canadian

Workplaces
●​ Workplace diversity is increasing, but challenges remain.
●​ Equity programs are necessary to correct historical discrimination.
●​ Women and minorities still face obstacles to leadership & career advancement.
●​ Organizations must move beyond statements and implement real policies.
●​ Leadership diversity requires action at all levels – individual, interpersonal,
organizational, and societal.

These notes provide a clear and structured breakdown of the lecture, highlighting key concepts
and challenges related to law, diversity, and gender equity in the workplace. Let me know if you
need any refinements!

Podcast 3: Employee Recruitment

Video 1: The Tragedy of Lori Dupont (Ten Years Later)

Video 2: Why we have too few women leaders