HR Day 4
Direct Discrimination- on grounds specified in the human rights legislation is
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
Disney with woman being fired for consistently wearing her head scarf (Hijab) .
- 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:
- 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
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
- ‘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
- Inclusionemployee is still included in the workforce in the same way as
**SSC has ruled duty to accommodate ends when there is no reasonable chance
employee could fulfill basic obligations of work. ***
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
- 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.
Law of Canada; includes Charter of
Rights & Freedoms)
(legislation made by
o Tribunals make decisions in specialized areas governend by statuses;
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
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 …..”
A recognized list of functions, tasks, accountabilities, working conditions, and
competencies for a particular occupation or job
Summary of job
Also: relationships, working conditions, Authority, accountability
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
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
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