Chapter 2

EQUITY, FAIRNESS, HEALTH, AND

SAFETY IN THE WORKPLACE

Prepared by: Nicole Vincic, Mohawk College

© 2023 MCGRAW HILL LIMITED 1

Learning Objectives
LO1: Explain the legal framework for human resource management in
Canada.
LO2: Discuss major areas of employment legislation with a focus on
equity and fairness in the workplace.
LO3: Examine the overall context for workplace health and safety,
including legislation, rights and duties, organizational requirements,
and implications.
LO4: Describe current and emerging workplace health and safety
issues, and types of workplace programs used to support an
organization’s commitment to safe operations.

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 Key Concepts
• Identification of federal and provincial employment laws
• Valuing Diversity, Equity, Inclusion, & Belonging (DEIB)
• Discrimination and harassment in the workplace
• Employment Equity groups
• Privacy, Employment standards, Pay Equity
• Health and Safety

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L’Oréal Canada: EDGEplus Certificate
for Equity and Inclusion
•One of Canada’s first employer to
recognized with EDGEplus Gender
& Intersectional Equity
certification for its commitment
to “measure, accelerate, and
progress on issues pertaining to
gender identity, ethnic origins,
LGBTQIA2S+, and working with
disability status.”

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Introduction
•Federal, provincial, and territorial governments set some limits
on HRM
•Can gain a competitive edge by going beyond legal compliance
•Link fairness and respectful employment and worker safety
with business goals
•Legal landscape for HRM is complex, evolving, and differs
among jurisdictions

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The Legal Framework for HRM
FEDERAL (7%) – PARTIAL LIST PROVINCIAL (93%) – PARTIAL LIST OF
OF EMPLOYERS EMPLOYERS
•Air transportation •All other businesses not federally
•Banks regulated

•Radio & TV broadcasting Examples include:

• Retail & hospitality
•Telecommunications • Hospitals & health Care
•Federal departments/ • Schools, universities, and colleges
Crown Corporations • Most manufacturers
•Many First Nations activities

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 Federal Employment Laws
• Canada Labour Code
• Administered by the Canadian Industrial Relations Board
• Covers basic employment conditions, labour relations, health and safety
• Canadian Human Rights Act -
• Administered by the Canadian Human rights Commission
• Administers cases of discrimination
• Personal Information Protection and Electronics
Documents Act (PIPEDA)

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 Human Rights Legislation (Federal
and Provincial)
• Discrimination (intentional or unintentional)

• Bona fide occupational requirement

• Reasonable accommodation

• Harassment

Human Rights Legislation

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 Human Rights Legislation (Federal and Provincial)
CANNOT discriminate based on:
1. Race, national, or ethnic origin
2. colour
3. religion
4. age
5. Sex
6. Sexual orientation
7. Marital status
8. Family status, disability
9. Conviction for an offense for which a pardon was granted

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Protecting Human Rights
Discrimination:
•Treating someone differently, negatively, or adversely because of
a prohibited ground

Two forms of discrimination:

•Direct discrimination – Policies or practices that clearly make
a distinction on the basis of a prohibited ground
•Indirect discrimination – Polices or practices that appear neutral
but have an adverse effect based on a prohibited ground

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Valuing Diversity, Equity, Inclusion, &
Belonging (DEIB)
Diversity:
•Having people of different backgrounds and experiences represented
in the workforce
•About differences – can be calculated, tracked, and reported

Inclusion:
•A sense of belonging and feeling respected, valued, and seen as people
•About behaviour (i.e. the “how” that creates the environment that
people experience
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Prohibited Grounds
(partial list in most jurisdictions)
National &
Race Religion or Creed
Ethnic Origin

Sex &
Age Colour
Sexual
Orientation
Pardoned Marital &
Disability
Conviction Family
Status

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How Would You Know?
Differential Treatment:
•Treating people differently on the basis of a prohibited ground
of discrimination

Bona Fide Occupational Requirement (BFOR):

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

Duty to Accommodate:
•Employer’s duty/ extends to the point of undue hardship

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 Systemic Discrimination
The exclusion of members of certain groups through the
application of employment policies or practices based on
criteria that are not job-related.
• Can result in inequities if individuals discouraged based
on their membership in certain groups
• Examples: inflated job requirements or recruiting only
close friends

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Movie Time…
Age Discrimination

HRA701 15
Discussion: What Should the Manager Do?
Sally has been a fire fighter for 3 years and has been doing
the job successfully.
In response to a coroner’s report, new fitness standards
implemented that requires all firefighters to be able to run
2.5 KMs in 11 minutes.
Sally attempted it many times and kept failing. She was
unable to perform this requirement.

What should the Manager do?

HRA701 16
 Bona Fide Occupational Qualification

Job qualifications that may be discriminatory due to business

or safety reasons

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 Duty to Accommodate

Requirement that employers adjust employment practices

to avoid discrimination

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Discussion: Should Minal be accommodated at work?
Minal just came back to InfoTech, a high tech company,
after 1 year of maternity leave. Her job was held for her
while on maternity leave and her employer was very
supportive of her 1 year leave.
Minal was excited to get back to work but unfortunately
her childcare arrangements required her to leave work at
4:30 now instead of 5. She asked her boss if she could
work 8:30-4:30 instead of 9:00-5:00. Her boss said he
would love to, but 9-5 are the standard working hours so
in fairness to others, he cannot let her do this.

Is it possible for the employer to accommodate Minal?

Is there undue hardship on the employer if Minal is accommodated?
HRA701 19
 Harassment

• Consists of a variety of workplace behaviours and actions

• Concept of “reasonable person”

• Can be costly to an organization

• Policies and procedures to prevent and deal with

harassment

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Protection from Harassment
Harassment
◦ Involves any unwanted physical
or verbal behaviour that offends
or humiliates
Sexual Harassment
◦ Unwelcome behaviour that is
of sexual nature or related to a
person’s sex or gender identity
◦ Quid pro quo or hostile
(poisoned) work environment
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 Seneca’s Discrimination and Harassment
Policy
Seneca

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Difference between harassment and discrimination?

Harassment - any behaviour that demeans, humiliates, or embarrasses a

person (reasonable)

Discrimination – denying someone something because of race, ethnic

background, martial status, or other prohibited grounds under human
rights legislation

HRA701 23
 DEFINITION
Employment Equity
• A distinct Canadian process for achieving equality in all
aspects of employment
• Legislation that focuses on certain groups that have
been historically disadvantaged

• Human Resources and Social Development Canada responsible

for administering the Employment Equity Act.

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Employment Equity Groups
•Women
•Members of visible minorities
•Persons with disabilities
•Indigenous people

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Change in Representation over Time in
Federally Regulated Private Sector

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What Are Other Protections?
Protection of Privacy
•PIPEDA – Federal law for how private sector organizations may collect, use, and
disclose personal information

Employment/ Labour Standards

•Provides minimum standards for employees
•Examples include: minimum wage, overtime pay, hours of work, vacations,
parental leave

Pay Equity
•Equal pay for work of equal value

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How Are Laws Enforced?
Human Rights Commissions and Tribunals
•The federal government, provinces, and territories have Human
Rights Commissions to provide oversight and enforce laws

Privacy Commissions
•Ensure compliance with relevant legislation
•Publish guidelines (e.g. “Guidelines for Social Media Background Checks”)

Employment/ Labour Standards Offices

•Hear complaints, conduct investigations, and make rulings

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 Summary of Regulations
1. Valuing Diversity - DEIB -
2. Human Rights Legislation
◦ Prohibits discrimination on the basis of such areas as race, ethnicity, marital status
and gender
◦ Paramount over all other laws
3. Employment Standards Legislation
◦ Explains the basic obligations of employers
4. Labour Relations Legislation
◦ Governs the process by which trade unions and employers engage in
collective bargaining
5. Employment Equity
◦ Employ individuals in a fair and unbiased manner
6. Pay Equity
◦ Equal pay for equal work, examination of job content
7. Health and Safety Legislation
◦ Describes the expected standards for health and safety in the workplace and the impact
if an employee is injured

HRA701 29
Movie Time…
Discrimination

HRA701 30
Movie Time…
Sexual Harassment

HRA701 31
 Workplace Health and Safety
Spot the Hazards

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 Workplace Health and Safety
•All workers have the right to work safely each day
•Occupational Health & Safety Act
•Internal Responsibility
• Employers and employees share responsibility
•Health and Safety Committees
• Jointly appointed members
• Legal Framework
• Canada Labour Code (federal)
• Ontario Occupational Health and Safety Act (provincial)
• Ontario Workplace Safety Insurance Act (provincial)

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Workplace Fatalities

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Lost Time Claims

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Terminology
•Definitions
• Occupational injury
– any cut, fracture, sprain or amputation resulting from a workplace accident

• Occupational illness
– abnormal condition or disorder resulting from exposure to
environmental factors in the workplace

• Occupational disease
– a disease resulting from exposure relating to a particular process, trade, or
occupation in industry

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Responsibilities of Employers, Managers,
and Supervisors?
•Establish and maintain health and safety committee
•Take every reasonable precaution to ensure workplace is safe
•Train employees about hazards
•Supply personal protective equipment (PPE) and workers know
how to use the equipment safely and properly
•Immediately report critical injuries
•Appoint competent supervisors who set the standards for
performance, and who ensure workplace conditions are
always observed
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Rights of Employees
All Canadian workers have three fundamental rights that are
protected by occupational health and safety legislation:
1. The right to refuse unsafe work
2. The right to participate in the workplace health and safety
activities through a health and safety committee, or as a
worker health and safety representative
3. The right to know, or the right to be informed about, actual
and potential dangers in the workplace

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 WHMIS 2015/GHS (Globally Harmonized System)

• Identifying Health and Safety

• WHMIS 2015/GHS (Globally Harmonized System)
 Labels
 Safety Data Sheets (SDS)
 Training

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 WHMIS 2015/GHS Pictograms

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 WHMIS 2015/GHS (Globally Harmonized System)

• In 2015, Canada's WHMIS program changed to align

with the Globally Harmonized System of Classification
and Labelling of Chemicals (GHS).
• Watch this WorkSafe BC video which explains the
primary changes to WHMIS 2015: new hazard classes,
new labelling requirements, and a revised safety data
sheet format. It also describes your responsibilities as an
employer and the phases of implementation.

• https://www.youtube.com/watch?v=j30RtmFYag8

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Enforcement
•Federal, provincial, and territorial governments
•Occupational health and safety officers/inspectors have
the authority to inspect workplaces and issue orders
•Bill C-45 (Westray Bill)
◦ Amendment to the Criminal Code (2004)
◦ Places legal duties on employers
◦ Anyone who directs the work of others can face criminal
conviction for failing to provide health and safety in the
workplace

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Current Issues
Psychological health and safety
◦ Workplace stressors and mental health
Use of mobile devices on the job
◦ Associated with distractions and hazards
Worker fatigue
◦ Safety risks and workplace incidents
Legalization of cannabis for recreational use
◦ Conference Board of Canada reports that workplace safety and
impairment at work are top concerns

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Psychological Health and Safety
Has become a significant focus within workplaces
Human rights legislation prohibits behaviours such as harassment
and bullying
Workplace violence is a broad problem
◦ Certain occupational groups more at risk (e.g. healthcare
workers, teachers, social service employees, EMS workers)
◦ Include threatening behaviour, verbal abuse, and physical attacks

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 MySafeWork

Go to MySafeWork and Learn the Facts:

• Every 15 seconds a worker dies from a work
related accident or disease
• How many workers have a work related accident
every 15 seconds?
• Visit http://mysafework.com/ and click on “Learn the
Facts”

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 WorksafeBC Video: The Matthew Bowcott Story
This video is a true story about a young worker’s injury and
his road to recovery. It contains some graphic images.
Matthew was just 19 when he was badly injured in a
restaurant kitchen. His personal story is a testament to
every worker’s right to know the hazards, to speak up
about safety concerns, and to refuse unsafe work.

• https://www.youtube.com/watch?v=o6arc_pJ_YY

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Movie Time…
Health and Safety

HRA701 47
Summary
LO1: Explain the legal framework for human resource management in
Canada.
LO2: Discuss major areas of employment legislation with a focus on
equity and fairness in the workplace.
L03: Examine the overall context for workplace health and safety,
including legislation, rights and duties, organizational requirements,
and implications.
L04: Describe current and emerging workplace health and safety
issues, and types of workplace programs used to support an
organization’s commitment to safe operations.

© 2023 MCGRAW HILL LIMITED 48