人力资源管理 课件 2

• Prohibits discrimination in Canadian society
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2.4 Human Rights Legislation
• Prohibits both intentional and unintentional discrimination on specified ground including age, sex, religion, and so on • Exemption for bona fide occupational requirements • Requires reasonable accommodation of differences to the point of undue hardship • Prohibits harassment, including sexual harassment
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2.4 Human Rights Legislation
Bona Fide Occupational Requirement (BFOR) • a justifiable reason for discrimination • based on business necessity for safe and efficient operations • intrinsically required by job tasks; e.g.. must have sight to drive a truck
• • • • • Race Colour Age Sex Marital/family status • Religion/Creed • Physical and mental handicap • Ethnic/national origin • Grounds vary across jurisdictions
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2.4 Human Rights Legislation Psychological Harassment
• attributed to workplace bullying • unlike other forms of harassment covered under human rights legislation—is based on grounds other than race, religion, and gender • includes physical or verbal intimidation, namecalling, unfounded yelling, insults, spiteful comments, assaults on character, attempts to defame an individual, workplace isolation, and assigning demeaning work that makes minimal use of an employee’s competencies
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2.4 Human Rights Legislation Harassment
• physical assault • unnecessary physical contact • verbal abuse/threats • unwelcome invitation/requests • unwelcome remarks, jokes, innuendo • leering • displaying pornographic/racist pictures • practical jokes causing embarrassment • condescension/patern alism undermining self-respect
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2.4 Human Rights Legislation
Undue Hardship = point where cost or health and safety risks make accommodation impossible
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2.4 Human Rights Legislation Sexual Harassment
Three characteristics 1. unsolicited, unwelcome, ought to be known to be unwelcome by a reasonable person 2. continues despite protests 3. complainant’s cooperation due to employment related threats /consequences • includes actions and activities that once were tolerated, ignored, and considered horseplay or innocent flirtation • employers are responsible for providing a safe and healthy working environment and • can be charged as well as the alleged harasser
• 10% of employees
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2.1 Introduction to the Legal Environment
• Multiple laws apply to businesses with employees in more than one province or territory • 14 jurisdictions – 10 provinces – 3 territories – Federal • Laws that also affect legislation: – Common law (judicial decisions) – Contract law (union contracts)
• • • • • •
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2.4 Human Rights Legislation Discrimination • distinction, exclusion or preference • based on a prohibited ground • nullifies or impairs an employee’s rights to:
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2.1 Introduction to the Legal Environment
• Provincial/territorial responsibility for employment law • Federal employment law for employees of federally regulated industries (i.e. civil service, banks, airlines) • 90% of employees
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2.4 Human Rights Legislation
Other Rights democratic rights right to live and seek employment anywhere legal right to due process equality rights minority language education rights multicultural heritage rights/First People’s rights
Chapter Two The Legal Environment
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Chapter Two Learning Objectives
1. Explain the legal framework for employment law in Canada. 2. Explain employment standards legislation. 3. Describe the fundamental freedoms under the Charter of Rights and Freedoms. 4. Explain human rights legislation in Canada. 5. Discuss employer accountabilities under employment equity and pay equity legislation. 6. Discuss the impact of employment legislation on HRM. 7. Summarize best pathways for managing diversity.
2.3 The Charter of Rights and Freedoms
• Part of Canada’s constitution that regulates other laws • Four fundamental freedoms:
1. 2. 3. 4. Conscience and religion Thought, belief, opinion, and expression Peaceful assembly Association
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2.2 Employment Standards Legislation
• provides minimum entitlements for employees
– minimum wage – holidays and vacation – maternity/parental leave
• • full and equal recognition exercise of human rights and freedoms
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2.4 Human Rights Legislation Prohibited grounds of discrimination
• provides maximum obligations
– e.g.. hours of work
• requires equal pay for equal work
– male and female workers
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2.4 Human Rights Legislation Reasonable Accommodation
• adjustment of employment policies/practices so • that no individual is: • denied benefits • disadvantaged in employment • prevented from carrying out a job • based on prohibited grounds; e.g.. work station redesign for wheelchair