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Posted: November 12th, 2022

Module 2: Legal Considerations

Module 2: Legal Considerations
Canadian Employment Laws
Canadian employment laws have garnered attention for being employee friendly. Various laws prohibit direct (intentional) and indirect (unintentional) discrimination practices and all talent acquisition practices must adhere to these standards. These include specific acts, such as the Canadian Human Rights Act (CHRA).

In addition to the CHRA, all organizations must adhere to employment standards set by specific provincial and territorial governments. Service providers of the federal government or private companies regulated by the federal government are subject to both CHRA and the Employment Equity Act.
https://www.monster.ca/career-advice/article/employment-law-knowing-your-employee-rights
https://knowledge.leglobal.org/anti-discrimination-laws-in-canada/
https://laws-lois.justice.gc.ca/eng/acts/h-6/FullText.html
Read Sections 7-8 only
Building a Team
The acquisition of talent is the first opportunity for leaders to consider the needs of the role, team and the business. The recruiting process provides the opportunity for hiring managers to analyse these needs and determine the ideal candidate. However, this process can be prone to biases. Often, leaders want to hire someone exactly like the person that is departing. Or, want to hire the perfect candidate that may or may not exist. If the person they are replacing was not a good employee, they may avoid a candidate that has a similar experience, background or traits. All of these situations can create the potential for discrimination.

The role of HR is to design and facilitate an objective and legally complaint recruitment and selection practices. This means being well versed in understanding how the laws of Canada apply, what additional requirements apply specific to protected groups, and what additional standards apply when hiring members of the Public Service.
The hiring of new employees is the first opportunity for leaders to consider the needs of the role, team, and company. Hiring managers have the opportunity to analyze these needs and select the best candidate during the recruiting process. However, this process is susceptible to biases. Leaders frequently want to hire someone who is exactly like the person who is leaving. Or, you want to hire the ideal candidate, who may or may not exist. If the person they are replacing was a poor performer, they may avoid a candidate with similar experience, background, or characteristics. All of these circumstances have the potential to lead to discrimination.

HR’s role is to design and implement objective and legally compliant recruitment and selection practices. This includes understanding how Canadian laws apply, what additional requirements apply to protected groups, and what additional standards apply when hiring members of the Public Service.
Review the following study materials and consider how the laws apply to the talent acquisition process. What needs to be considered when designing recruitment, selection and hiring practices to ensure they are non-discriminatory? How far does the law reach? What can be done to remove barriers to fair assessment?
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/http://solr.bccampus.ca:8001/bcc/file/1590234d-58a6-4841-85f7-53c5c587f2a2/1/Fundamentals-of-Business-Canadian-Edition%282%29.pdf
Read pp. 222 – 225 only
https://www.canada.ca/en/government/publicservice/wellness-inclusion-diversity-public-service/diversity-inclusion-public-service/working-government-canada-duty-accommodate-right-non-discrimination/duty-accommodate-general-process-managers.html

https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/Fair-assessment-diverse-workplace.html

https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/guide-assessing-persons-disabilities/guide-assessing-persons-disabilities/guide-assessing-persons-disabilities-determine-implement-assessment-accommodations-key-definitions.html
Whether examining an existing recruitment policy or building a new program, ensure all steps of the program are examined to mitigate the potential of the process to violate the law. Many organizations have faced situations where their action or inaction resulted in legal issues.
Review the following articles and make note of the action and law(s) that were in question. What did the organizations do or fail to do that violated the law?
https://www.mondaq.com/canada/discrimination-disability-sexual-harassment/332454/does-your-employment-policy-create-adverse-effect-discrimination
https://financialpost.com/executive/management-hr/beware-of-discriminatory-bias-creeping-into-your-hiring-practices
The Role of Bias
Our role in human resources is to ensure non-discriminatory practices and processes. However, we may not be aware of the biases we bring to the recruitment and selection process and, therefore, indirect discrimination can be the product of unintentional biases. Biases impact our ability to identify the best candidate

https://www.forbes.com/sites/forbescoachescouncil/2018/03/23/unconscious-bias-in-the-workplace-you-cant-afford-to-ignore-it/?sh=5a1111fb7660

5 Types of Hiring Bias Every Recruiter Needs To Know

Diversity and Talent Acquisition
Diversity is defined as the difference between people. Organizations are seeing the importance of channeling different views, experiences and ideas to spark innovation and improve performance. Building a culture of inclusion, respect, and understanding is a critical success factor and a strong culture improves employee engagement and performance. Companies are also seeking to ensure their workforce reflects the customers and clients they serve and equality across all levels of leadership starting at the top.

Diversity and Inclusion in the Canadian Workforce
https://www.huffpost.com/archive/ca/entry/this-is-why-diversity-is-good-for-business_b_14549158?utm_hp_ref=ca-workplace-diversity

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