Legal Requirements & Diversity in Human Resource Management

Legal Requirements and Diversity in Human Resource Management

Instructor Details

  • Instructor: Dr. Claudia Wendrich, LL.M., CPHR, CHRE, CEBS
  • Course Code: COMM. 211 - Human Resource Management
  • Institution: Edwards School of Business, University of Saskatchewan
  • Copyright: © 2022 Dr. Claudia Wendrich

Diversity and Inclusion

  • Understanding Diversity:

    • Considered a competitive advantage today but not fully utilized by many organizations.
    • Companies must reflect their consumer base, aligning with shifting societal values.
    • Increased pressure from institutional investors, including pension funds and sovereign wealth funds, for better diversity practices.

  • Diversity Defined:

    • Goes beyond traditional definitions encompassing race, gender, ethnicity, age, sexual orientation, and nationality.
    • Includes secondary dimensions like first language, income, and family background/status.

  • Benefits of Diversity:

    • Fosters creativity and innovation by embracing various ideas and ways of thinking.
    • The representation of visible minorities in the federally regulated private sector has increased recently.
    • Cities in the U.S. such as San Francisco, Boston, and Austin that are open to diverse talent have been noted for greater economic success.

Harassment in the Workplace

  • Legal Framework:

    • Harassment is prohibited by the Canadian Human Rights Act, labeling it as a discriminatory practice in employment matters.
    • Sexual harassment is specifically addressed at the federal level and in some provinces (Ontario, Quebec, Manitoba).
    • The Saskatchewan Human Rights Code does not specifically define harassment.
    • Employers are liable for the actions of their management; harassment is assumed if a reasonable person could have known that the behavior was unwelcome.

  • Examples of Harassment:

    • Physical assaults
    • Unwelcome requests
    • Verbal abuse
    • Intimidation
    • Threats
    • Leering
    • Jokes causing embarrassment
    • Undermining self-respect through paternalistic behaviors
    • Displaying racist or pornographic materials
    • Unnecessary physical contact (e.g., unwanted touching)
    • Unwelcome remarks
    • Ongoing unsolicited sex-based conduct
    • Note: This list is not exhaustive.

  • Cyberbullying and Trends:

    • Emerging issues like cyberbullying have led to an evolving trend in workplace harassment recognition and management.

Employment Equity Programs

  • Employment Equity Act (Federal):

    • Applies to employers with 100 or more employees in federally regulated sectors (both private and public).
    • Requires the establishment of employment equity plans aimed at recognizing and addressing barriers faced by designated groups (DGs): women, people with disabilities, Indigenous people, and visible minorities.
    • Employers must review their workforce, policies, and practices to identify underrepresentation and set specific numerical goals in their equity plans.
    • These plans must be reviewed regularly, with progress reports submitted. Compliance is monitored by the Canadian Human Rights Commission (CHRC), which can conduct audits.

  • Provincial Employment Equity Programs:

    • Generally voluntary for employers under provincial jurisdiction.
    • Focus on addressing past discrimination and preventing future discrimination against DGs and other marginalized groups.
    • Usually involves reviewing existing HR policies and developing targeted anti-discrimination programs.
    • Employee involvement in program design is ideal, and senior management commitment is essential for success.

Pay Equity and the Gender Wage Gap

  • Wage Disparities:

    • Women consistently earn less than men across developed nations.
    • Contributing factors to the wage gap include:
    • Differences in occupation
    • Qualification and experience (related to occupational segregation)
    • Industry and firms
    • Union membership
    • Presence of discrimination

  • Legislation:

    • Pay equity legislation mandates that female-dominated jobs be compensated at the same rate as male-dominated jobs of equal value.
    • Employers must proactively pursue equal pay for equal work between genders.
    • Pay equity legislation exists primarily in the public sector, with limited provisions in the private sector.
    • In Canada, the federal level includes the Pay Equity Act, but Saskatchewan lacks any such legislation in both sectors.

  • Defining the Gender Wage Gap:

    • The gender wage gap is mathematically defined as:
      \text{Gender Wage Gap} = \frac{\text{Median Wages of Males} - \text{Median Wages of Females}}{\text{Median Wages of Males}}

Employment Standards (ES)

  • Minimum Employment Standards Include:

    • Minimum wage
    • Paid vacation and holidays
    • Standard working hours and overtime pay
    • Pay upon termination of employment/severance
    • Maternity and parental leave rights
    • Other categories of unpaid employment leaves

  • Regulation:

    • For those under federal jurisdiction, see Canada Labour Code, Part III.
    • Canada's employment standards, especially when compared to other advanced economies, particularly in Europe, are deemed weak.

Working Hours Legislation

  • Federal Standards:

    • Standard work hours: 8 hours per day and a maximum of 40 hours per week.
    • Maximum allowable hours: 48 per week with mandatory breaks:
    • 8 consecutive hours of rest between work periods.
    • 30 minutes unpaid break for every 5 consecutive hours worked.

  • Provincial Standards (Saskatchewan):

    • Maximum workweek: 44 hours.
    • Similar mandatory rest and break requirements as federally outlined.

Reality of Working Hours for Employers

  • Challenges:

    • Competitive pressures from globalization and technological advancements.
    • Evolving consumer demands lead to unpredictable working conditions.
    • Anticipated labor shortages complicate scheduling.
    • Legal compliance risks create additional financial burdens.
    • Employee burnout due to flexibility needs leads to workplace issues including attrition and productivity decline.

  • Challenges for Employees:

    • Irregular work hours and unpredictable schedules.
    • Increasing demand for flexibility due to family responsibilities and other personal circumstances.
    • Many experience extreme work hours (70+ hours per week), leading to deteriorating work-life balance exacerbated by technology.

Public Holidays, Vacation, and Unpaid Leaves (Saskatchewan)

  • Unpaid Employment Leaves:

    • Maternity leave (maximum 19 weeks)
    • Adoption leave (maximum 19 weeks)
    • Parental leave (maximum 59 weeks when combined with maternity/adoption leave or maximum 71 weeks without)
    • Organ donation leave (maximum 26 weeks)
    • Compassionate care leave (maximum 28 weeks)
    • Bereavement leave (maximum 5 days)
    • Leave for victims of sexual violence (maximum 10 days)
    • Critically ill family care leave (maximum 17 weeks for adults, 37 weeks for children)
    • Leave due to crime-related child death or disappearance (maximum 104 weeks for death, 52 weeks for disappearance)
    • Citizenship ceremony leave (1 day)

  • Vacation and Public Holidays:

    • Statutory vacation entitlement is typically 3 weeks.
    • Federal public holidays include:
    • New Year’s Day
    • Family Day
    • Good Friday
    • Victory Day
    • Canada Day
    • Saskatchewan Day
    • Labour Day
    • Thanksgiving Day
    • Remembrance Day
    • Christmas Day

Enforcement of Employment Standards (ES)

  • Filing Complaints:

    • In Saskatchewan, impacted employees or anonymous third parties can file complaints with the Employment Standards Division.
    • There are significant barriers to filing complaints:
    • Fear of retaliation
    • Language and cultural barriers
    • Inability to document the claim
    • Lack of access to professional advice.

  • Workplace Inspections:

    • Employment Standards Officers can conduct workplace inspections.
    • Information campaigns may be more effective for compliance than relying solely on complaints.

  • Non-compliance Factors:

    • Reasons for non-compliance include:
    • Unawareness of regulations
    • Financial pressures leading to neglect
    • Low probability of getting caught
    • Most employers comply most of the time, however, non-compliance is prevalent among:
    • Smaller employers
    • New immigrants
    • Certain industries (e.g. food and accommodation)
    • Low-wage sectors and non-union environments
    • Ethnic and racial minorities
    • Employees lacking job security.

Conclusion

  • Thank you for your attention!
  • Copyright © 2022 Dr. Claudia Wendrich.