CH 2: Legal Context for HRM & Creating Safe & Healthy Workplaces

Explain the differences between the Federal and Provincial/Territorial legal framework

The federal framework covers national industries, which operate across various provinces ( i e- Banks, Airlines, postal services).

P/T covers more local business that remain within their perspective P/T ( ie- retail stores, schools, and restaurants)

What is Diversity?

Having people of different backgrounds and experiences represented in the workplace

(about differences)

What is inclusion?

A sense of belonging and feeling respected, valued, and seen as individuals

( about behaviour )

DEIB ( Diversity, Equity, Inclusion & Belonging) Metrics

Metrics typically measure person count and answer the questions of ‘ how much ‘.

Outcome: They create a base line to measure progress and can signal potential indications of bias 

Process: identifies problems with HR processes that need to be fixed to provide a meaningful change.

Allies and Allyship

Allies: Persons who actively promote and aspire to create a welcoming environment

Allyship: The practice of promoting equity, fairness, and inclusion through relationships and public acts of sponsorship and advocacy

Explain Discrimination

Treating someone differently, negatively, or adversely because of a prohibited ground

Types of discrimination

Direct: Happens when a policy, rule, or action openly treats someone differently because of a protected or prohibited ground

Indirect: Happens when a policy or rule looks neutral — it applies to everyone — but in practice it disadvantages certain groups based on a prohibited ground

Employment Equity applies to who and is intended to

Applies to : women, visible minorities, those with disabilities, and indigenous peoples

Intended to: increase representation and remove work place barriers

Forgotten workforce

–Working one or more P.T. jobs but willing and able to work F.T.

–Unemployed for a long time but wanting to work

–Not working, not looking for work, but would be willing to work

Bona fide occupational requirement

A necessary (not merely preferred) requirement for performing a job

Lisa LaFlamme Controversy – Key Events (2022)

• Aug 26: Bell Media exec who questioned LaFlamme’s grey hair takes his leave.

• Aug 27: Globe & Mail open letter criticizes Bell Media for her abrupt dismissal.

• Aug 29: Bell Media denies claims of ageism and sexism in LaFlamme’s firing.

What is the PIPEDA

A federal privacy law that governs how private sector organizations collect, use, and disclose personal information.

WHat are Employment/ Labour Standards

legislation provides minimum standards for things like wages, overtime pay, hours of work, and parental leave

Pay Equity

Equal pay for work of equal value

Responsibilities of Employers in terms of safety

• Establish and maintain health and safety committee

• Take every reasonable precaution

• Train employees about hazards

• Supply personal protective equipment

• Immediately report critical injuries

• Appoint competent supervisors

Responsibilities of Employees in terms of safety

• Working in compliance with OH&S requirements (includes reporting safety incidents)

• Using personal protective equipment and clothing directed by employer

• Reporting workplace hazards and dangers,

• Working in a manner as required by the employer

Types of AI used to improve safety

AI enabled PPE

AI robots and drones

AI monitoring and surveillance tools

AI-enabled personal protective equipment (PPE)

Smart PPE enables tracking of health indicators and assessment of industrial surroundings

AI-based robots and drones

Eliminate workers’ exposure to dangerous machinery and chemicals while minimize human tasks that entail physical strain

AI-enabled monitoring and surveillance tools

Monitoring employee conduct, identifying potential risks and issuing alerts

What are the three fundamental rights of employees regarding workplace health and safety?

The right to know

the right to participate

the right to refuse unsafe work.

What is a 'psychologically safe workplace'?

A workplace that does not permit harm to employee mental health in careless, negligent, reckless, or intentional ways.

What does the term 'workplace violence' encompass?

It is a broad problem that includes threatening behaviour, verbal abuse, and physical attacks.

Note: some professions can be effected more than others

What are the findings of the APA Poll on Loneliness (2024)

Young adults (18–34): 30% felt lonely daily or several times a week.

Harassment

Involves any unwanted physical or verbal behaviour that offends or humiliates

Sexual Harassment and report statistics

sexual nature or related to a person’s sex or gender identity

Statistics: noticed that young people are less likely to report incidents due to fear of: safety, stigma, inaction, or harm enhancement

How are laws enforced

Human Rights Commissions & Tribunals

Privacy Commissioners

Employment/Labour Standards Offices

Health & Safety Officers & Inspectors