Recruitment and Selection

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There are four major types of legislation that affect recruitment and selection in a non-unionized workplace within Alberta. Those types of legislation being: • Constitutional law
• Human Rights law
• Employment Equity legislation and
• Labour law/employment standards and related legislation

Constitutional law as a whole is the supreme law of Canada and has precedence over all other legal means; it consists of a series of Acts and orders passed since 1867 by the British and Canadian Parliaments. Constitutional law does not directly affect recruitment and selection activities unless the recruitment and selection practices are challenged in a Human Rights Tribunal or court.   Constitutional law sets limits and conditions on what federal, provincial/territorial, and municipal governments and courts can legally do to alter employment policies and practices.   Therefore, the interpretation of constitutional law has a large influence on every aspect of Human Resource Management not just Recruitment & Selection practices and programs.

Human Rights laws across Canada prohibit discrimination in both employment and the provisions of goods and services.   Grounds on which discrimination is prohibited in Alberta are:

• Race or colour
• Religion
• Physical or mental disability
• Age
• Sex (includes pregnancy and childbirth)
• Marital status
• Dependence on alcohol or drugs
• Family status
• Sexual orientation
• Ancestry or place of origin
• Source of income

Human Rights legislation is enforced through human rights commissions or tribunals that have the legislated power to undertake actions that may be necessary to eliminate discrimination. Though prohibited discrimination varies across jurisdictions, there are six which all jurisdictions agree upon: race or colour, religion or creed, age, sex, marital status, and physical/mental handicap or disability.

Employment equity...
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