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COMM 181
Christine Coulter

HR Day 4 Discrimination Direct Discrimination- on grounds specified in the human rights legislation is illegal Indirect discrimination- is also illegal - Company policy, practice, or action that is not openly or intentionally discriminatory but has an indirect discriminatory impact or effect - E.g. police officer application requires you to be 5’ 11, is that really necessary? Disney with woman being fired for consistently wearing her head scarf (Hijab) . Argument 1: - Since they are a privately owned corporation only worried about maximizing profit, they have the right to protect their image. - As long as the rule of dress code and appearance is equally enforced to all religions, then it is fair. Meiron Test of a Bone Fide Occupational Requirement: Case Summary - A firefighter who successfully completed her job for 3 years out west, and then the managers decided to implement fitness standards. Firefighters had to be able to run 2.5 km in 11 minutes. She passed every fitness test except for the running challenge. She was fired, and the employer never tried to accommodate her and filed a lawsuit against them, claiming that it was not a true requirement of the job. o There were 4 questions that they asked as they researched whether this could be considered an occupational requirement. 1) Is there discrimination on a prohibited ground?  Her argument was that this discriminated against women, since men have a higher aerobic capacity. 2) Was the standard, policy or practice adopted for a purpose rationally connected to the job? 3) Was the standard, policy or practice adopted in honest good faith belief it was necessary to fulfill legitimate work related purpose? 4) Is the standard, policy or practice reasonably necessary to fulfill that legitimate work related purpose? a. They said no, being able to run that distance is not necessary….being able to lift things certainly is. ***If the answer is “no” to ANY ONE of questions 2,3 or 4, the discrimination is illegal**** ****If the answer is “yes” to ALL of the question, then discrimination is legal (and discriminatory factor is a bone fide occupational requirement*** BFOR (or BFOQ) - A reasonably necessary qualification or requirement imposed in a sincere belief it is related to job performance. - Justified business reason for discriminating against members in a protected class - ‘Business necessity’ is a practice that includes the safe and efficient operation of an organization. Duty to Accommodate - Not waiving requirements for some people. - Consideration & establishment of alternative requirements before committing to the rule or standard. - Relating back to Meiorin: o Standard for men: 11:00  (Higher aerobic capacity) o Standard for women: 12:45  (Lower aerobic capacity) Principle of accommodation is based on 3 Factors - Individualization everybody is unique, and some people may need more accommodations than another - Dignity - Inclusionemployee is still included in the workforce in the same way as everybody else. **SSC has ruled duty to accommodate ends when there is no reasonable chance employee could fulfill basic obligations of work. *** Undue Hardship Relevant factors in discussion of undue hardship 1. Cost this relates to how large the company is as well, could it seriously affect the company’s finances to accommodate this person? 2. Outside sources of funding 3. Health and safety requirements e.g. accommodating someone who is going blind and is a driver for fed- ex Example: alternative headwear Common Law Contract Law - establish employer and employee relationship - employees are entitled to a certain amount of notice, and a certain amount of severance pay if they are dismissed Tort Law - Wrongs against each other - E.g. providing a negative and slanderous reference for someone - Negligent tort, by carelessly misleading employees about promotions, long term viability of the job etc. Class 5 Constitution (Supreme Law of Canada; includes Charter of Rights & Freedoms) Statutory Law (legislation made by government) Common Law (judge-made law) Judicial Framework  Court System  Administrative System: o Tribunals make decisions in specialized areas governend by statuses; quasi-judicial o Agencies investigate complaints, make rulings, issue orders System is complaint Driven  Example: Gas station attendant murdered o Attendant Jayesh Prajapati diethafter being hit by car in ‘gas and dash’ incident Saturday, September 15  Reason for this happening is because the franchise required that if gas is stolen that the employee on duty paid for it.  Employment standards act, 2000: section 13 (5) o Sates that if there is lost property, or property stolen if there is another person who has access to the cash or property as well. Module 2- HR Functions Job analysis:  Where you get your information  How your going to illicit your information Job Analysis Information  Job Performance standards o E.g. “you need to sell this many …..”  Job Description  Job Specifications  Job Design Job Description: A recognized list of functions, tasks, accountabilities, working conditions, and competencies for a particular occupation or job  Job title  Summary of job  Job duties  Job specifications  Date Also: relationships, working conditions, Authority, accountability Job Specification: A written statement that explains what a job demands of jobholders and the human skills and factors required  What sort of training do you need before coming to the job  KSAO’s  Competency-based approach  Essential Requirements (BFOR) o Is a requirement set out by the employer absolutely necessary to the job? Job Design Job design is an outgrowth of job analysis that improves jobs through technologies and human consideration in order to enhance organizational efficiency and employee job satisfaction Performing a Job Analysis:  Select jobs to study  Determing information to collect  Identify sources of data  Methods of data collection  Evaluate and verify data collection  Write job analysis report Approaches to Job Analysis: ****not important- don’t memorize!*** just so we know there are more methods  Functional Job Analysis  Position Analysis Questionnaire  Critical Incident Method  HRIS and Job Analysis Class 6 Application Interview Conditional Offer Application Very limited question set most companies just use Resume’s nowadays Interviews  Be aware of prohibited grounds  Base questions on KSAOs (Knowledge, Skills, Abilities, Other Characteristics (customer service skills, friendliness)) required for the job. o Asking only relevant questions that don’t get too personal  Use standard set of questions and ask all of them to every interviewee o Even if you realize the candidate isn’t quite made for the job, its
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