Government Legislation & Impact
Federal and provincial laws regulate the
employee-employer relationship
Responsibility of HR specialists:
o stay abreast of laws, interpretations, and
rulings
o develop and administer programs to ensure
compliance
o pursue traditional roles of obtaining,
maintaining, and retaining an optimal workforce
Government Legislation
Impacting HR
• Canadian Charter of Rights & Freedoms
• Human Rights Legislation
• Employment Equity Act
• Pay Equity
• Ontario Employment Standards Act
• Labour Relations Legislation
• Occupational Health & Safety Act
• Workplace Safety & Insurance Act
The Charter of Rights and
Freedoms
o The Canadian Charter of Rights and
Freedoms is contained in the
Constitution Act of 1982
o Most far-reaching legal challenge for HR
managers
o Charter provides fundamental rights to
every Canadian
Human Rights Legislation
Source: Passed by Parliament and enforced by federal
Federal Law Human Rights Commission / Tribunal
Applies to employers under federal jurisdiction
Provincial Source: Passed by provincial governments and enforced
by provincial Human Rights Commissions / Tribunal
Law
Applies to employers under provincial
jurisdiction
Prohibited Grounds of
Discrimination
Race &
Pardoned Colour National or
Convicts Ethnic Origin
Disability Canadian Human Religion
Rights Act
Marital & Age
Family Status
Sex & Sexual Gender
Orientation Identity
Direct vs Indirect Discrimination
Direct discrimination
o On grounds specified in the human rights
legislation—is illegal
Systemic (indirect or unintentional)
discrimination
o Company policy, practice, or action that is not
openly or intentionally discriminatory, but has a
discriminatory impact or effect
• e.g. minimum height and weight requirements
Harassment
Pg 119
Harassment
o treating an employee in a disparate manner
because of that person’s sex, race, religion,
age, or other protective classification
Sexual harassment
o unsolicited or unwelcome sex or gender-
based conduct that has adverse employment
consequences for the complainant
When does Performance
Management Become
tive image
Harassment
of a black and white newspaper
Read the web article
“When does performance
become harassment”
https://www.benardinc.com/2015-03-25-6/
Employment Equity Act (1987)
• Employment Equity Act was passed by the
federal government in 1987
o Employers with 100+ employees under
federal jurisdiction to develop annual plans
setting out goals and timetables
• Promoting employment opportunities for;
women, persons with disability, Aboriginal
people and members of visible minority
Employment Equity Amendment
(1996)
• As of 1996, employers are responsible for
providing reasonable accommodation.
• Examples include:
o providing a sign language interpreter for a job
interview with a deaf applicant
o altering or grooming codes to allow Aboriginal
people to wear braids, etc.
Functional Impact of
Employment Equity
• Human resource plans
• Job descriptions
• Recruiting
• Selection
• Training and development
• Performance appraisal
• Compensation program
Pay Equity
• Equal pay for work of equal value
o Federally, and in most provinces, laws exist
that make it illegal to pay women less than
men if their jobs are of equal value
Decorative Image of newspaper
black and white image of a newspaper
Article:
https://news.ontario.ca/mol/en/2018/3/new-rules-
mandating-equal-pay-for-equal-work-to-come-into-
effect-april-1.html
Reverse Discrimination
• Usually arises when an employer seeks to
hire or promote a member of a protected
group over an equally (or better) qualified
candidate who is not a member of a
protected group
o Places HR departments in difficult position
o Canadian Human Rights Act declares
Employment Equity Programs non-
discriminatory if they fulfil the spirit of the law
