CHAPTER 2

THE CHANGING LEGAL EMPHASIS:

COMPLIANCE AND IMPACT ON CANADIAN WORKPLACES

LEARNING OUTCOMES

1. EXPLAIN how employment-related issues are governed in Canada. 2. DISCUSS at least five prohibited grounds for discrimination under human rights legislation and DESCRIBE the requirements for reasonable accommodation. 3. DESCRIBE behaviour that could constitute harassment 4. EXPLAIN the employers’ responsibilities regarding harassment. 5. DESCRIBE the role of minimums established in employment standards legislation and the enforcement process. 6. DISCUSS HR’s role in ensuring compliance with employment legislation in Canada.

REQUIRED PROFESSIONAL CAPABILITIES

❖ Identifies and masters legislation and jurisprudence relevant to HR functions ❖ Ensures that the organization’s HR policies and practices align with human rights legislation ❖ Promotes a productive culture in the organization that values diversity, trust, and respect for individuals and their contributions ❖ Assesses requests for HR information in light of corporate policy, freedom of information legislation, evidentiary privileges, and contractual or other releases ❖ Contributes to the development of information security measures issues

CHAPTER SUMMARY

This chapter focuses on the legal environment in Canada. It discusses the multiple overlapping pieces of legislation that attempt to balance employee and employer rights when it comes to human rights and freedoms, employment equity, employment standards, and privacy. The chapter differentiates between organizations that are under federal jurisdiction versus provincial jurisdiction. It discusses the requirement to take steps to protect employees from harassment and discrimination, in order to reduce legal liability. Specific exceptions that allow discrimination on