Assignment # 2 Government Impact

1) Human rights legislation is a family of federal and provincial acts that have as a common
objective the provision of equal employment opportunity for members of protected
groups. The Canadian Charter of Rights and Freedoms contained in The Constitution
Act of 1!"# provides some fundamental rights to every Canadian. $hile the Charter of
Rights and Freedoms guarantees equality before the la% for every Canadian# the Human
Rights Act see&s to provide equal employment opportunities %ithout regard to people's
race# national or ethnic origin# colour# religion# age# se(# se(ual orientation# marital status#
family status# disability#
2) )sually# employment*related la%s and regulations are limited in scope+ their impact on
the human resource management process is confined to a single human resource
activity. For

Type
Federal ,a%
-rovincial ,a%
Source
-assed by -arliament and
enforced by federal Human
Rights Commission
.nacted by provincial
governments and enforced
by provincial human rights
commissions
Objectives and Jurisdictions
To ensure equal employment
opportunities %ith employers
under federal jurisdiction
To ensure equal employment/
opportunities %ith employers
under provincial jurisdiction
3) The main objective of human rights is to prevent discrimination# as defined by $ebster's
0e% $orld 1ictionary of the American ,anguage defines discrimination as2 3a sho%ing of
partiality or prejudice in treatment+ specific action or policies directed against the %elfare
of minority groups.
There are t%o types of discrimination direct and indirect2
0ormally# intentional direct discrimination on grounds specified in the human rights
legislation is illegal. Ho%ever# under certain circumstances intentional direct
discrimination is acceptable. A fashion store catering to %omen %ill be allo%ed to
advertise for female models# and schools controlled by religious groups are permitted to
limit their hiring to members of the specific faith. This legal discrimination is called bona
fide occupational qualification 45F678.
9ndirect# unintentional# or systemic discrimination ta&es place if there is no intention to
discriminate# but the system# arrangements# or policies allo% it to happen. :uch
employment practices may appear to be neutral and may be implemented impartially# but
they e(clude specific groups of people for reasons that are not job*related or required for
safe or efficient business operations. An e(ample %ould include minimum height and
%eight requirements for employment %ith police forces# %hich ma&e it more difficult for
%omen and Canadians of Asian origin to be hired.
Activegames needs to be concerned about the prohibited grounds of discrimination as
follo%s2

Race and Colour
9t is sometimes difficult to see %hich of these t%o characteristics is the actual basis
of discrimination+ often both are involved. The discrimination can be intentional or
unintentional# subtle or very open
National or Ethnic Origins
9t is also illegal for human resource decisions to be influenced by the national or
ethnic origins of applicants or of their forebears. Hence# the discrimination process
can be either direct or indirect. The refusal to hire or promote people because of
their national or ethnic origins is a direct and obvious violation
Religion
A person;s religious beliefs and practices should not affect employment decisions.
An employer must accommodate an employee;s religious practices# unless those
practices present undue hardship to the employer. 9f an employer does not ma&e a
reasonable attempt to accommodate %or&ers; religious practices# he or she can be
found guilty of violating the Human Rights Act.
Age
The use of age as an employment criterion has also received considerable
attention in the past. <any employers consider that the laying do%n of minimum or
ma(imum ages for certain jobs is justified# although evidence is rarely available
that age is an accurate indication of one;s ability to perform a given type of %or& 9t
is not considered a discriminatory practice if a person;s employment is terminated
because that person has reached the normal age of retirement for employees
%or&ing in similar positions.
Sex
The Human Rights Act also prevents discrimination on the basis of an individual;s
se( 4often erroneously referred to as gender# %hich is a grammatical term+ the act
specifically uses the term se(8. 0ot only is it illegal to recruit# hire# and promote
employees because of their se(# it is unla%ful to have separate policies for men
and %omen
Sexual Orientation
The issue of discrimination against same*se( relationships %as effectively
addressed by the :upreme Court of Canada %hen it decided that same*se(
couples must be treated the same %ay as heterose(ual couples.
Marital Status
The idea of %hat constitutes a family has undergone considerable changes in
Canadian society in recent years. 0ontraditional families# such as those resulting
from common*la% marriages# or single*parent families# are no% far more
numerous than in the past. The Human Rights Act spells out quite clearly that any
discrimination based on marital status is illegal.
Family Status
-rotections against discrimination on the basis of family status have been used to
challenge unequal treatment among various forms of families. For e(ample# a
Canadian Human Rights Tribunal found that citi=enship rules that distinguished
bet%een biological and adoptive children discriminated on the basis of family
status.
Disability
0o person should be denied employment solely for the reason of his or her being
disabled. 6f course# there are e(ceptions. A blind person cannot be a truc& driver#
or a deaf person a telephone operator. Ho%ever# the principle of reasonable
accommodation has been established. 9t means that an employer can be e(pected
to ta&e reasonable measures to ma&e available a suitable job to a person %ith a
physical handicap if it does not impose undue hardships on the organi=ation. 5eing
drug*dependent can also be interpreted as a disability. The Commission holds that
discrimination on grounds of H9> infection or A91:# %hether diagnosed or
suspected# is also a violation of the Human Rights Act.
Pardoned Convicts
The Canadian Human Rights Act prohibits discrimination against a convicted
person if a pardon has been issued for the offence. -ardon may be granted by a
parole board after five years follo%ing release# parole# or the completion of a
sentence.
arassment
Harassment 6ccurs %hen a member of an organi=ation treats an employee in a
disparate manner because of that person;s se(# race# religion# age# or other
protective classification.
Harassment may include
verbal abuse or threats+
un%elcome remar&s# jo&es# innuendo# or taunting about a person;s body#
attire# age# marital status# ethnic or national origin# religion# and so on+
displaying of pornographic# racist# or other offensive or derogatory pictures+
practical jo&es that cause a%&%ardness or embarrassment+
un%elcome invitations or requests# %hether indirect or e(plicit#
leering or other gestures+
condescension or paternalism that undermines self*respect+
unnecessary physical contact such as touching# patting# pinching etc
physical assault.
Sexual arassment
:e(ual harassment has become an important topic in human resource
management# evidenced by the increased number of complaints lodged. A
Canadian Human Rights Tribunal identified three characteristics of se(ual
harassment2
1) the conduct must either continue despite the complainant;s protests or# if the
conduct stops# the complainant;s protests must have led to negative employment
consequences+ and
2) the complainant;s cooperation must be due to employment*related threats or
promises.
Em!loyment E"uity Programs.
The federal government proclaimed the .mployment .quity Act in August 1!?. 9ts
intent is to remove employment barriers and promote equality of the four
designated group members. The four designated groups are %omen# Aboriginal
people# persons %ith a disability# and members of a visible minority.
>irtually every human resource function is affected by employment equity plans2
Human resource plans must reflect the organi=ation;s employment equity
goals.
@ob descriptions must not contain unneeded requirements that e(clude
members of protected classes.
Recruiting must ensure that all types of applicants are sought %ithout
discriminating.
:election of applicants must use screening devices that are job*relevant
and nondiscriminatory.
Training and developmental opportunities must be made available for all
%or&ers# %ithout discrimination.
-erformance appraisal must be free of biases that discriminate.
Compensation programs must be based on s&ills# performance# andAor
seniority and cannot discriminate against jobholders in other respects.
Pay E"uity
The Canadian Human Rights Act prohibits discrimination based on se(+ it is
therefore illegal to pay %omen less than men if their jobs are of equal value# a
principle &no%n as 3equal pay for %or& of equal value. The implication for human
resource people is that they must ma&e very sure their %age and salary system
does not subtly discriminate on the basis of se(.
The use of employment equity programs can lead to charges of reverse
discrimination against employers. The charges usually arise %hen an employer
see&s to hire or promote a member of a protected group over an equally 4or better8
qualified candidate %ho is not a member of a protected group
B8 6ther legal challenges are as follo%s2
C #he Canada Labour Code$ The Industrial Disputes Investigation Act of 1D? %as
modified and reenacted in 1?1 as the Canada Labour Code. 9t regulates union
certification# right to organi=e# union prosecution# and mediation and arbitration
procedures. -rovincial equivalents to the Code are the Employment 4or Labour8
Standards Acts.
C Dismissal$ According to common la%# every employee has a contract %ith his or her
employer# even if there is nothing in %riting. An employee or employer can terminate
an employment relationship by giving reasonable notice. An immediate dismissal is
possible if an employee is compensated through appropriate severance pay.
C ours o% &or' and overtime regulations$ The Canada Labour Code sets the
standard %or&day at eight hours and the standard %or&%ee& at forty hours# and
overtime pay at one*and*a*half times the regular pay.
C Minimum &ages$ These are set by provincial and federal boards and discussed in .
C Occu!ational health and sa%ety$ The Canada Labour Code also regulates
occupational health and safety issues.
C(ee'ly rest day$ The Canada Labour Code specifies that employees must be given
at least one full day of rest during the %ee&# preferably on :unday.
C(or'!lace a)ardous Material *n%ormation System +(M*S,$ $H<9: regulates
the handling of dangerous material.
These are some of the federal la%s that have an impact on human resource
managers. <ost of them have a provincial equivalent. 9t is ultimately the human
resource manager %ho is responsible for &no%ing and enforcing the la%.