human rights legislation
The impact of human rights legislation on the interview process
Many H.R. Departments pride themselves on the skill with which they can interview prospective employees in order to assess their qualifications for the position being advertised, the fit of the employee with the organization, and the likelihood that the employee will stay with the organization for a reasonable period of time. What employers are often not cognizant of is the limitation imposed on this process by the provisions of various provincial and federal Human Rights statutes.
Most-viewed articles this week on HRinfodesk
The three most viewed articles on HRinfodesk this week deal with temporary layoff, why women receive less severance than men, and changes to first aid requirements under the Canada Labour Code.
It’s that time of year: Seasonal Affective Disorder hits some employees
‘Tis the season for us to put away the lawn furniture and take apart the garden. The sunlight hours are decreasing and the plants around the house are turning brown. We are now faced with leaves on the ground, colder, damper weather, and soon, Christmas commercials. As we take out our winter coats and snow shovels, it is important to remember that this is the time that Seasonal Affective Disorder (SAD) can hit employees. What can employers do?
Pre-hiring accommodation
As most of us are aware, the Human Rights Code prohibits discrimination in the context of employment, and applies both during the employment relationship and in the hiring process. Most of us would take it as a given that you cannot make hiring decisions based upon grounds such as race, religion, gender, or disability. However, it is not quite as widely understood that the duty to accommodate an individual applies even to those who are not yet employees.
Breastfeeding at work
Across Canada, human rights legislation protects people from discrimination and harassment based on sex/gender; this protection includes pregnancy and breastfeeding. It is illegal to discriminate because a woman is pregnant. It is also illegal to discriminate because a woman was pregnant, had a baby or might become pregnant.
Discrimination prevention strategies
What can employers do in their workplace to prevent discrimination against employees who have disabilities?
An aging workforce: mandatory retirement (Part II)
Across Canada, mandatory retirement has been all but completely phased out. Recently, all Canadian jurisdictions in Canada, except for federally regulated workplaces, have enacted legislation to amend their human rights laws and end the practice of mandatory retirement at age 65. This means…
An aging workforce: the legal issues (Part I)
The impact of the aging workforce is being felt globally in the economy and is directly affecting businesses. Unprecedented issues have arisen, such as labour shortages, greater health care needs for the elderly, and decreased private and public investments with fewer people contributing as the baby boom generation retires. In addition, the issues of older workers and eldercare have come to the forefront as demographic trends continue to show declining fertility rates and a steady increase in life expectancy.
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Recent Comments
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Can employers in Canada refuse to hire smokers?
I believe smoking (i.e., nicotine) is recognized as an addiction, as Simon mentions, which would engage the question of discrimination. – Jun 18, 9:40 PM
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Can employers in Canada refuse to hire smokers?
Even though as a non-smoking employer I support the actions of Momentous Corp, I am surprised they have even attempted to take this position, given... – Jun 17, 5:46 PM
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Can employers in Canada refuse to hire smokers?
Where in Human Rights does it say that smokers are now protected under one of the grounds and if so which ground are they protected... – Jun 17, 3:28 PM
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