{"id":30,"date":"2020-09-03T09:10:05","date_gmt":"2020-09-03T13:10:05","guid":{"rendered":"https:\/\/opentextbooks.concordia.ca\/hrmcanadian\/chapter\/hrm-and-the-law\/"},"modified":"2020-09-08T16:26:01","modified_gmt":"2020-09-08T20:26:01","slug":"hrm-and-the-law","status":"publish","type":"chapter","link":"https:\/\/opentextbooks.concordia.ca\/hrmcanadian\/chapter\/hrm-and-the-law\/","title":{"raw":"HRM and The Law","rendered":"HRM and The Law"},"content":{"raw":"\n
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\n\nAs described in the previous section, the society in which we live in is constantly evolving. As the values that we share collectively change, so do the rules and regulations that we impose on ourselves. The legislative framework that is adopted by governments is a reflection of our values. For the HR manager, a clear understanding of the legal framework is absolutely necessary.\n\n<\/div>\n<\/div>\n
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2. The Legal Framework<\/h1>\n<\/div>\n
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The Canadian Charter of Rights and Freedoms<\/span><\/h3>\n
The constitution Act of 1982 is the highest law of Canada and <\/span>is a landmark document in Canadian history. It achieved full independence for Canada by allowing the country to change its Constitution without approval from Britain. It also enshrined the Charter of Rights and Freedoms<\/em><\/a> in Canada\u2019s Constitution which guarantees fundamental rights to every human, including: rights of freedom of <\/span>speech, press, assembly, association, and religion. This video explains the various aspects of the Charter<\/a>.<\/div>\n<\/div>\n
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The Canadian Human Rights Act (CHRA)<\/span><\/h3>\n
The CHRA became effective in March 1978. It proclaims that \"all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered<\/span>\". Let\u2019s examine this statement in order to fully understand its significance for HRM.\n<\/span><\/div>\n<\/div>\n
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1) \u201cAll individuals should have opportunity equal with other individuals to make for themselves the lives that they are able and wish to have\u201d: this means that, considering their desires and abilities, the opportunity to earn a living, which implies the \u2018opportunity to work\u2019, should be equal for all.<\/div>\n
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2) These opportunities should not be hindered by discriminatory practices based on \"race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered\": the CHRA is very specific as to the categories that are deemed discriminatory. These categories have changed over time, following changes in our society. Currently, the issues raised by genetic testing are at the forefront of these societal changes. Is it legal to deny insurance for people known to have gene mutation that causes or increases the risk of an inherited disorder? These issues are currently being debated (see Canadian Supreme Court decision<\/a>) and as genetic testing becomes more common, we as a society, will have to decide the extent to which it is OK to use this information to make decisions about people.\n<\/span><\/div>\n
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Enforcement of Canadian human rights laws<\/span><\/strong><\/div>\n<\/div>\n<\/div>\n<\/div>\nThe CHRA only applies to federal government departments and agencies, to Crown corporations, and to businesses under federal  jurisdictions such as banks, airlines, and communication companies. Employees of those organizations that fall under the Canadian Human Rights Laws who feel discriminated against can file complaints directly to the Canadian Human R<\/span>ights Commission. There is a systematic process in place to handle these complaints<\/a>. After a complaint is filed, a mediation process is attempted to try to resolve the issue between the parties. If the mediation fails, the dossier is handed over to the Human Rights Commissioner who can decide to:\n