Arley’s comments: This is really thorough and you’ve done a lot of research. You’ve used clear headings and bullet points to make your writing easy to skim. Judy can help you determine if all your writing fits the Canadian context, but I’m glad that you pointed the reader to Canada and BC-specific rules. I have two pieces of feedback:

• Since legal policies is already a complex topic, it’s important that it’s written in our brand voice, which uses simple language. Pay attention to places where you’ve used two words to do the job of one, or a cluster of verbs where one verb would do. 
• I like that you’ve used quotes to show information that comes from another source, but in general, you should paraphrase when the idea of the source is important, and quote when the words are important. Usually, if you use a lengthier quote, you are expected to do some kind of analysis on it. There are definitely places where there’s a lot of quotes, where you could probably summarize/paraphrase more effectively.

Judy’s comments:

Overall there is a lot of great information here that would be of value for your audience – well done. I am happy to see that your content is Canadian based and links to the government sites – this is critical. Moving forward, the information could be improved here by: changing links so that they directly take the reader to the legislation, act or code vs. to the government page in which this can be found, relating each section back to HR’s role and where each legal aspect is relevant to be mindful of (e.g. human rights with regards to recruitment and selection, employment standards when it comes to compensation, benefits, and offer letters, etc), include sample policies and which are legal requirements for a company to have in place in Canada,  include links and relevant resources from Worksafe BC for Occupational Health & Safety regulations and policies, include more information on the Human Rights Tribunal and the structure of the Canadian legal system when it comes to setting laws, and organizing information (e.g. put information that is found in the Human Rights Act together)

Introduction

HR trends are continuously shifting and with that the, workplace also experiences changes. It is imperative that the workplace policies reflect the shifts that are occurring. HR needs to address the latest trends by updating employee policies/ handbook that help set clear guidelines and boundaries, prevent misunderstandings in the workplace, and finally protect the organization from any legal complications. (“15 Essential HR Policies”, 2020). Policies constitute the basis for HRM practices and are guidelines on employee management, which allows an organization to regulate the behavior’s of all employees(HR Policies, 2021)

Employee relations issues often arise in the workplace and it is up to HR to decide how to best deal with these issues. Company policies are created to guide individuals on how to handle challenging situations within the workplace. These guidelines include what is inappropriate behavior, how to maintain order, and to ensure fairness and equality.(How to Develop and Implement a New Company Policy, 2021)

HRM and Legal Framework

It is imperative that Human resource professionals manage employees by properly following employee rights and if an individuals rights are infringed upon there may be consequences including lawsuits, financial loss, and the company’s reputation may be affected (Joubert, 2020). HR is utilized by employees and their management for consultation regarding laws within the workplace.

It is essential that the Human Resources department have basic knowledge of HR related law, current laws and their external environment to avoid grievances and claims against the company, reduce the occurrence of legal risks as well as protect the rights of all employees. (Joubert, 2020). As an HR professional, it is required to make quick decisions and serious consequences may occur if the HR department does not have legal knowledge (Joubert, 2020). 

HRM Policy Framework & Employment Legislation

The major goals of the HR management policies is to create a workplace where minimum legal requirements are met, the most suitable practices are implemented and properly documented, the policies help management make decisions and the responses are consistent, and lastly,  legal policies ensure that employees and the organization are protected from the pressures of expediency.  (HR Management Standards, 2009)

In the process of developing policies, HR and the company must comply with federal and/or provincial legislations within the workplace. This means, Human resources management are responsible for knowing relevant laws and regulations relating to the workplace (HR Management Standards, 2009).

The kind of policies required by the employers depends upon the legislation framework that is interpreted by a case law. Both legislation and case law are important to determine the needs of the employer/ organization. HRM policies are formally written documents easily accessible to the management, employees and the key stakeholders and these formal documents must be approved by the appropriate authority prior to the final documentation. (HR Management Standards, 2009)

Employment Standards

“Employment standards are the minimum standards of employment for workplaces required by law.” (“Employment Legislation and Standards | CCHRSC”, n.d.) The employers are open to develop policies that exceed the minimum standards set by the law. Employment standards cover many aspects of employment including the following:

Human Rights Legislation and Human Resources

Human rights legislation protects people from discrimination, guarantees people equal treatment on the basis of prohibited grounds of discrimination (“Human Rights Legislation | CCHRSC”, n.d.).

It is imperative for the employers to be aware and careful about the human rights legislation as it is applicable to all the practices of the employment, specifically including :

• 

  Recruitment ads

• Application forms
• Interviews
• Hiring
• Dismissal/termination
• Promotion
• Demotion
• Benefits
• Wages
• Workplace harassment

It is important that employers work to create inclusive workplaces that are respectful and welcoming of diversity. (“Human Rights Legislation | CCHRSC”, n.d.)

Human Resources Role

Human resources has an obligation to ensure human rights are not infringed upon and duties of employment are properly followed (Human Rights and Duties in Employment, 2021). Employers have a duty avoid discrimination regarding employment and a negative effect on candidates and employees (Human Rights and Duties in Employment, 2021). A negative effect is when a person is treated the same as other employees, but this has a negative effect on them (Human Rights and Duties in Employment, 2021).

Examples of this include refusing to hire, denying a promotion, denying benefits, refusing to return an employee to work, ending employment, harassment of  an individual’s personal characteristic that causes negative repercussions at work (Human Rights and Duties in Employment, 2021).

For example, “A job requirement to work a specific day could negatively affect a person whose religious belief requires that they do not work on that day.”(Human Rights and Duties in Employment, 2021)

Recruiting

The human resources staff that are responsible for the hiring process must be trained and educated to eliminate discrimination, harassment and any barriers according to the human rights code (Human Rights Issues at all Stages in Employment, n.d). The hiring process must be fair, this may include a interview panel with diverse people, a set of questions that are the same for all candidates, interview questions based on the positions duties and bonda fide requirements, and a detailed marking rubric (Human Rights Issues at all Stages in Employment, n.d). This guideline is objective rather than subjective in order to avoid discrimination in the hiring process and provide an explanation for why a candidate was or was not hired, if a human rights complaint is filed (Human Rights Issues at all Stages in Employment, n.d).

Examples of hiring candidates based on discriminatory factors include, not hiring an individual because they are not suitable or do not fit the culture of the company, assumption that a person is not suitable without assessment, gaps within their resume, or unsuitable due to the need for accommodation in the hiring process (Human Rights Issues at all Stages in Employment, n.d).

Compensation

Pay and bonuses are to be paid without regard to sex, race or disability (Human Rights Issues at all Stages in Employment, n.d). It is discriminatory to pay a newcomer whos first language is not English, racialized person or a person/ woman with a disability less than their white counterparts for the same work (Human Rights Issues at all Stages in Employment, n.d). HR must distinguish the difference in salary with justifiable reasons; date of hire or tasks performed (Human Rights Issues at all Stages in Employment, n.d).

For example, if salary advancement is based on absent days, this may be discriminatory for an individual with chronic disease or disability due to a difference in absent days (Human rights issues at all stages in employment, n.d).

Benefits

Personal information needed to register for claim benefits, accommodation or third parties is to be protected and therefore should remain with the human resource staff in a secure place (Human Rights Issues at all Stages in Employment, n.d). If a Human resource professional does not keep personal information confidential this may infringe on an individual’s human rights (Human Rights Issues at all Stages in Employment, n.d).

For example, documentation that requests beneficiary information for insurance purposes may identify an employees sexual orientation. This may cause an employee to feel vulnerable to discrimination or harassment. Therefore, it is imperative that due process is followed to keep personal information confidential (Human Rights Issues at all Stages in Employment, n.d).

Federal Legislation

There are 4 basic federal legislations that are the base for ensuring workplace diversity and creating an inclusive workplace:

1. The Employment Equity Act: This act ensures job opportunities for 4 categories of groups including women, aboriginal people, members with visible minorities and people with disabilities. (“Human Rights Legislation | CCHRSC”, n.d.)
2. The Canadian Human Rights Act (CHRA): This act ensures all individuals have access to equal opportunities regardless of their “race or color, national or ethnic origin, religion, age, family or marital status, sex (including pregnancy or childbirth), pardoned conviction, disability (either physical or mental, or as the result of alcohol or drug dependence) or sexual orientation.” (“Human Rights Legislation | CCHRSC”, n.d.)
3. Canada Labor Code: This code is an act of the parliament of Canada, which defines the rights and responsibilities of workers and employers in federally regulated workplaces, and also sets out federal labor law. The code is divided into 4 parts: 1. Industrial Relations, 2. Occupational Health and Safety, 3. Standard hours, wages, vacations and holidays, and finally 4. Administrative Monetary Policies.
4. Canada Labor Standard Regulations: This regulation employment condition for the workers. These standards apply to employees working in federally regulated businesses.

Provincial and Territorial Legislation

Every province has slightly different grounds for discrimination but majorly it falls on the standard principles of discrimination. (“Human Rights Legislation | CCHRSC”, n.d.) British Columbia has several rights and duties under the Human Rights Code. This code allows individuals to participate in the economic, social, political and cultural life equally. This is done by prohibiting discrimination based on personal characteristics.

Discrimination refers to poor treatment based on a personal characteristics like race, age, gender, etc. A person can discriminate unknowingly. in some cases, poor treatment may be justified and discrimination is not a factor. (“My Human Rights and Duties Under the BC Human Rights Code”, n.d.) These codes provide the right to help people file a complaint, be involved in a complaint, without retaliation against any kind of discrimination. There is a specific process for filing a complaint and seeking solution.

Health and Safety Legislation

“Occupational health and safety legislation regulates the standards of workplace health and safety with the aim to prevent workplace accidents, injuries and diseases, and outlines consequences for breaching the workplace standards.”(“Health and Safety Legislation | CCHRSC”, n.d.) The health and safety legislations thoroughly provides us the details of the responsibilities owners, supervisors and employees. It is the responsibility of the employers and human resource professionals to ensure the health and safety of all workers. This may include training for handling dangerous equipment or materials, informing employees about potential dangers associated with the job and providing safe work practices. Under this legislation, the employees have a right to refuse work if they feel unsafe. (“Health and Safety Legislation | CCHRSC”, n.d.)

Health and safety standards are very important in any workplace and it is mandatory for organizations to comply by the rules and regulations. This legislation is regulated by the provincial or territorial legislation, unless the particular organization falls under the federal jurisdiction. (“Health and Safety Legislation | CCHRSC”, n.d.)

Some of the issues in the workplace where there is a need to consult health and safety standards are:

 (“Health and Safety Legislation | CCHRSC”, n.d.)

There is forum called the ‘Worker compensation board’ , an insurance board for employees that ensure that income and benefits will be provided to the employee if they are injured at work or contract a disease due to unhealthy work conditions. This board abides by the provisions given in the workers compensation act and looks at the compensation policies. The board also protects employers from being sued by the employees. In some jurisdictions, this board provides ongoing training and resources on occupational health and safety. (“Health and Safety Legislation | CCHRSC”, n.d.)

Duty to Accommodate: A General Process For Managers – Canada.ca

Prohibited Grounds of Discrimination

Section 2 of the Canadian Human Rights Act prohibits discriminated based on 13 grounds (Secretariat, n.d.). Including:

• Race
• National or ethical origin
• Color
• Religion
• Age
• Sex ( including discrimination because of pregnancy or childbirth)
• Sexual orientation
• Gender identity or expression
• Marital status
• Genetic characteristics
• Family status
• Disability ( includes both visible and invisible disability, ie. needing a wheelchair due to physical disability which is visible and mental issues, learning disabilities, etc. that are invisible)
• Conviction for an offence for which a pardon has been granted  (Secretariat, n.d.)

The duty to accommodate is applied to situations involving disabilities and is also is applicable on other grounds, such as family status. The duty to accommodate is about eliminating discriminatory barriers related to the 13 prohibited grounds of discrimination. There are common situations that requires the need for accommodation: (Secretariat, n.d.)

1. The employee is unable to perform a job or comply with current workplace policies due to the result of some changes in their situation. For example: change in the religion or developing a disability, etc.
2. When a revised policy or a requirement is introduced by the employer and the employee is unable to comply. For example: change in shift schedule, if the employee can’t change his/her working hours due to medical conditions, family issue, etc. The duty to accommodate arises if the policy change causes discrimination against employees based on the 13 grounds of discrimination
3. Having said that, there is a need for proof/ information from the employees to accommodate or revise a policy.
4. Specific changes requested from the employees like the change of working seat, etc. can be considered and accommodated if the request arises from a medical requirement. (Secretariat, n.d.)

Performance and the Duty to Accommodate

Performance issues may be an indicator for the need to accommodate. There are some signs that indicate a need for investigation to accommodate an individual:

• Feedback from co-workers about an employees erratic behavior
• Sudden drop in attendance or increase in leaves
• Punctuality issues
• Major and sudden changes in behavior
• Poor performance  (Secretariat, n.d.)

Supporting Documentation: Medical and Other

As an employer it is important to respect an employees right to privacy, confidentiality and ensure duty to accommodate is being followed (Secretariat, n.d.) . It is the duty of HR professionals to guide this process and follow labor relations standards (Secretariat, n.d.). Employees may be reluctant to share any information or ask for accommodations for reasons such as : (Secretariat, n.d.)

• Fear of being singled out or being treated differently
• Reluctant to ask for help
• Fear of negative consequences, such as refused promotions, losing the position, etc.
• Belief that disability is not relevant to performance, not telling about the disability if the employee thinks they can handle it
• Concerns about personal information becoming public
• Embarrassment issues die to the stigma associated with mental issues, etc.

There is no requirement for additional information by the employees in the case of visible disabilities (Secretariat, n.d.). There is also no need for supporting documentation related to religious practices (Secretariat, n.d.) . However, additional information from the employees is recommended due to lack of knowledge regarding invisible disabilities and religious practices. (Secretariat, n.d.)

Limits: The Duty to Accommodate 

Duty to accommodate is not limitless (Secretariat, n.d.):

• Accommodate where undue hardship to the employer (health, safety and cost) would result.
• Creating an unnecessary job
• Retaining an employee who is unable to meet employment responsibilities despite accommodations
• Hiring a candidate who does not meet the essential qualifications required for the position, even after accommodating

Duty of Accommodate: A General Process 

All relevant documentation is not to be kept in Human Resource files as the information is confidential but the Human Resources department should assist in this process to follow the proper guidelines (Secretariat, n.d.).

1. Recognize the need for Accommodation
2. Gather relevant information and assess needs
3. Make an informed decision
4. Implement the decision
5. Follow up and keep records

The need for accommodation varies for every individual. Privacy and dignity of the person should be a priority. Successful accommodations requires collaborations from all parties, including the employee, employer, co-workers (Secretariat, n.d.) . Accommodation is about limiting the challenges for an employee to perform and contribute their skills fully in the workplace. (Secretariat, n.d.)

(Softuvo Solutions Private Limited, 2019) 

Human Rights Policies

It is a legal requirement that all workplaces have human rights policies. The development of the human rights policies are to display good business practice, the company’s support of human rights, to initiate human rights learning and management, to inform all employees of human rights practices within operational policies and procedures (Amis, 2015).

The human rights policy can be created in many different forms and is a public statement made by the company to respect the international standards of human rights and demonstrate the company’s commitment to them (Amis 2015). The policy should be placed within business principles section, code of conduct or be placed individually (Amis 2015).

According to the Australian Human Rights Commission (Policies, 2021), An example of a good workplace policy on harassment in the workplace should convey:

• a strong statement of the organization’s attitude to discrimination and harassment
• a definition of discrimination and harassment
• a statement that discrimination and harassment on any of the grounds in federal/state anti-discrimination legislation is against the law
• circumstances where discrimination and harassment can occur
• a statement that everyone has a responsibility to prevent workplace harassment and discrimination
• information on how and where to seek help if discrimination or harassment occurs
• the likely consequences of unlawful discrimination or harassment

For reference, the link below is an example of what a human rights policy may look like.

Human Rights Sample Policy (nrh.ca)

 Must-Have’s Policies

These are policies that a workplace is required to have and they may be documented individually or within the human rights policy.

Employment At-Will Policy: The employer and the employee should have the right to terminate the relation between them at any given time with a lawful reason. This policy should be displayed at the very starting of the employee handbook. (“15 Essential HR Policies”, 2020)

No discrimination and anti-harassment policies: To prevent harassment and discrimination at the workplace, these policies need to be in the right place before starting the workings of the firm. These policies are always governed by the state, federal and local provisions. it’s essential to review these policies and ensure they are being applied. (“15 Essential HR Policies”, 2020)

Sexual Harassment Policy:  Educating the employees through a well-versed sexual harassment policy is crucial for Human Resources. The workplace needs to clearly communicate zero tolerance guideline for unwanted/inappropriate sexual harassments. (“15 Essential HR Policies”, 2020)

Employment Classifications Policy: An employee’s classification must be clearly defined by HR. This can include full time, part-time, exempt or non-exempt. They can contain the benefits, or the overtime pay; this should be a main policy that should clearly show all employees classification. (“15 Essential HR Policies”, 2020)

 Leave and Time-Off Benefits Policy: This policy should address the company’s procedures for holidays, sick leave and all forms of time off benefits. The leave that is required by law should be covered, including voting leave, maternity leave, and family leave. The HR should review the regional laws to ensure the requirements are included in the company’s HR policies. (“15 Essential HR Policies”, 2020)

The break time policy: This policy should clearly state about the break periods and the mealtimes for the employees. (“15 Essential HR Policies”, 2020)

Timekeeping and Pay Policy: This policy informs employees the method for recording the time they have worked. This policy should communicate the frequency of the paydays to the employees, the mode of payment and if there is any special procedure if the payday lands on a holiday. (“15 Essential HR Policies”, 2020)

Occupational Health & Safety – WorkSafeBC : This policy describes the safety and emergency procedures that needs to be taken at the workplace. This policy requires all employees to report any work-related emergencies immediately. There are many regulations under the Occupational Health and Safety Act that are essential for the employers to have specific policies in place if certain workplace hazard exits. (“15 Essential HR Policies”, 2020) There are minimum requirements that need to be met according to OHS in BC. Including workers compensation act, hazardous products act, Occupation Health and safety regulation, prevention manual, and OHS guidelines. (Occupational Health & Safety, 2021)

Employee Conduct, Attendance, and Punctuality Policy: This policy states employees scheduled start time each day and provides the procedures for informing their supervisor of tardiness.(“15 Essential HR Policies”, 2020)

Trending policies:

Weapons policy at workplace: The employees have an obligation towards its employees to protect them from the violence in the workplace. Addressing weapons and violence policies can be placed with general harassment and safety policies or can be communicated on their own. (“15 Essential HR Policies”, 2020)

Remote Workers Policy: Many companies are promoting working remotely from home and other locations outside the office. Not all companies are equipped for working remotely.  It is important to understand the organization’s position on remote work. The remote work policy should comply with any regional laws. (“15 Essential HR Policies”, 2020)

Bring Your Own Device (BYOD) Policy: Many employees use their own electronic devices for business purposes, like phones and laptops, therefore the privacy of the company needs to be considered. There may be concerns for theft of personal property and there should be a policy regarding use of personal device at any workplace. The devices that employees use should comply with the applicable regional law policies and have a proper procedure for the end of employment. (“15 Essential HR Policies”, 2020)

Social Media Policy: This policy can be about what protects your company’s reputation in the online market as well as beyond. Despite its relatively modern nature, you should still draft this policy to withstand scrutiny from your regional labor relations board. The social media policy should have specific control over confidential information that should be restricted to be shared on social media and there should be disciplinary measures for the violation of these social media policy. (“15 Essential HR Policies”, 2020)

Drug and Alcohol Policy: There are many countries where marijuana has become legal and drug use has risen. This policy should outline the prohibition of drugs, marijuana and alcohol at the workplace. The regional laws need to be kept in mind while making these policies. (“15 Essential HR Policies”, 2020)

Confidentiality Policy: This policy should clearly state the requirement for employees to keep all the information confidential. Due to many different pathways of sharing information, it is important to be specific in the confidentiality policies. Excluding anything that the labor board may not deem private such as the working conditions of the employees and the wages. The confidentiality policy should provide specific examples, such as, not having business related conversations on unsecured networks. These policies should comply with the regional law. (“15 Essential HR Policies”, 2020)

References

Amis, L. (2015). A Guide for Business : How to Develop a Human Rights Policy. Un Global Compact.

Employment Legislation and Standards | CCHRSC. Ccsc-cssge.ca. Retrieved 15 June 2021, from http://www.ccsc-cssge.ca/hr-resource-centre/hr-toolkit/hr-policies-employment-legislation/employment-legislation-and.

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Human Resource Policies – Encyclopedia – Business Terms. Inc.com. (2020). Retrieved 15 June 2021, from https://www.inc.com/encyclopedia/human-resource-policies.html.

How to Develop and Implement a New Company Policy. SHRM. Retrieved 15 June 2021, from https://www.shrm.org/resourcesandtools/tools-and-samples/how-to-guides/pages/howtodevelopandimplementanewcompanypolicy.aspx.

HR Management Standards. Hrcouncil.ca. (2009). Retrieved 15 June 2021, from http://www.hrcouncil.ca/resource-centre/hr-standards/documents/HRC-HR_Standards_Web.pdf.

Human Rights Legislation | CCHRSC. Ccsc-cssge.ca. Retrieved 15 June 2021, from http://www.ccsc-cssge.ca/hr-resource-centre/hr-toolkit/hr-policies-employment-legislation/human-rights-legislation.

Joubert, S. (2020). Laws Every HR Professional Should Know. Northeastern University Graduate Programs. Retrieved 15 June 2021, from https://www.northeastern.edu/graduate/blog/hr-laws-to-know/.

My Human Rights and Duties Under the BC Human Rights Code. Bchrt.bc.ca. Retrieved 15 June 2021, from http://www.bchrt.bc.ca/human-rights-duties/index.htm.

N.A. (2021). Human Rights and Duties in Employment. Retrieved from BC Human Rights Tribunal Web site: http://www.bchrt.bc.ca/human-rights-duties/employment/index.htm

N.A. (2021). Policies. Retrieved from Australian Human Rights Commission Web site: https://humanrights.gov.au/quick-guide/12076

Occupational Health & Safety. (2021). Retrieved from Worksafe BC Website: https://www.worksafebc.com/en/law-policy/occupational-health-safety

R, A. HR Policies: Meaning, Steps, Formulation, Implementation and Procedure. Your Article Library. Retrieved 15 June 2021, from https://www.yourarticlelibrary.com/human-resource-development/hr-policies/hr-policies/99702.

Raw pixel (n.a) Human Resources Teamwork Concept [digital image]. Retrieved July 19, 2021, from https://depositphotos.com

Secretariat, T. Duty to Accommodate: A General Process For Managers – Canada.ca. Canada.ca. Retrieved 21 June 2021, from 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.

Softuvo Solutions Private Limited (2019, December 11). Learn How To Prevent Discrimination At Workplace [Video]. Youtube. https://www.youtube.com/watch?v=Sc-Ck2h_rNE&t=32s

15 Essential HR Policies. (2020). [Blog]. Retrieved 15 June 2021, from https://sprigghr.com/blog/hr-professionals/15-essential-hr-policies/.