Chapter 3 The Legal Environment Falkenberg Stone and
Chapter 3 The Legal Environment Falkenberg, Stone, and Meltz Human Resource Management in Canada Fourth Edition Copyright © 1999 Harcourt Brace & Company Canada, Ltd.
Chapter Overview Legislation and jurisdiction n Human rights: Concepts and prohibitions n Employment equity and equal employment opportunity n Employment standards legislation n 3. 1
Protection Against Innocent Discrimination To protect against the challenge of discrimination in advertising, interviewing, and employment practices, employers need to: 1. 2. Establish entry and training requirements that are truly prerequisite to the performance of a job. Conduct structured interviews in which applicants are asked questions only of direct relevance to the job. 3. 2
Prohibited Grounds of Employment Discrimination in Canada n n n n Race Age National/Ethnic origin Colour Nationality/Citizenship Religion Pregnancy/Childbirth Sex n n n n Marital status Criminal conviction Mental disability Ancestry Political beliefs Family status Sexual orientation Place of residence 3. 3
Subjects Covered in Guide to Screening and Selection in Employment n n n n n Name Address Age Sex Marital status Family status National or ethnic origin Military service Language n n n n n Race or colour Photographs Religion Height and weight Disability Medical information Pardoned conviction Sexual orientation References 3. 4
Canadian Human Rights Commission's Guide to Screening and Selection in Employment Examples Avoid Asking: Preferred Question Comment about mother tongue Ask if applicant understands, reads, or speaks languages required for the job. Testing or scoring applicants for language proficiency is not permitted unless job related. for birth certificates, baptismal records, or about age in general If precise age is required for benefits plans, it can be determined after selection. Ask if applicant is eligible to work under Canadian laws. 3. 5
How Employers Can Avoid Liability for Workplace Harassment n n n First, have a policy in place to deal with workplace harassment Second, indicate clearly how to file a complaint Third, never assume a harassment complaint is frivolous Fourth, meet with witnesses and prepare statements Fifth, consider taking steps to resolve the problem 3. 6
Employment Standards Legislation n n n Statutory schoolleaving age Minimum age of employment Minimum wage rates Equal pay for men and women Hours of work Weekly rest days n n n Annual vacations with pay Termination of employment Parental leave Recovery of unpaid wages Enforcement 3. 7
Equal Pay for Men and Women n Equal pay for equal work n Equal pay for work of equal value (also termed comparable worth) n Pay equity 3. 8
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