MHR 523 Lecture Notes - Lecture 4: Employment Equity (Canada), Fide, Canadian Human Rights Act

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Published on 18 Apr 2013
School
Ryerson University
Department
Human Resources
Course
MHR 523
Page:
of 3
MHR 523 Lecture 4: Meeting Legal Requirements
Midterm Structure: 50 MC(10 questions from each week of lecture), 5 SA (1 from each week of lecture)
Government Impact
- Pay attention to how those laws influence what HR managers can and cannot do?
- Federal and provincial laws regulate the employee-employer relationship
- Responsibility of HR Specialists:
o Stay abreast of laws, interpretations, and court rulings
o Develop and administer programs to ensure company compliance
Bill 168 (recent law)
o First law to prohibit people from making illegal abuse caused
psychologically/ emotionally (eg. Pranks, nonphysical abuse)
o Provincial law, passed in Ontario. Many provinces do not have this
law yet
o If abuse occurs in the organization, an individual is able to file a
lawsuit against the organization and not the individuals involved.
The organization bears the costs and pays fines.
Discrimination Laws: hiring and interview process ensure that no part of a decision is influenced by
discriminatory principles
Direct vs. Indirect Discrimination
Direct Discrimination: on grounds specified in the human rights legislation is illegal
o Common 50-60 years ago (e.g. Segregated schools in America)
o Organizations were able to operate in a similar manner. Simply able to justify not hiring
someone based on ethnicity.
Subtle Discrimination:
o Rationalized by saying it’s in the customers best interest (e.g. not hiring a woman because she is
assumed to go away and have children)
Indirect (Systematic) Discrimination: Company policy, practice, or action that is not openly or
intentionally discriminatory, but has an impact or effect (e.g.minimum height and weight requirements,
internal hiring policies, limited accessibility of buildings or facilities)
o Stairs only way to get into a building, discriminating against the disabled. No one intended to
discriminate but it still exists.
Prohibited Grounds of Discrimination
-Discrimination occurs even though the Canadian Human Rights Act protects against pardoned convicts,
marital status, disability, sex, sexual orientation, age religion, national origin, race, colour etc.
Human Rights Legislation
-Bona fide occupational qualification (BFOQ)
o Legal form of discrimination
o Justified business reason for discriminating against a member of a protected class
o E.g. not hiring a blind bus driver
-Duty to accommodate
o Requirement that an employer must accommodate the employee to the point of
“undue hardship”
o Government will understand of a small business who is unable to build a ramp to
accommodate for the disabled due to low revenues.
o Large corporations however must build a ramp
Harassment
- Sexual Harassment
o Unsolicited or unwelcome sex or gender-based conduct that has adverse employment
consequences for the complainant
- Harassment
o A member of an organization treats an employee in a disparate manner because of that
person’s sex, race, religion, age, or other protective classification
o Bill 168 re-visited (psychological harassment).
o Prior to Bill 168, only sexual and racial harassment existed in the court of law
Employment Equity Act
-Protects Against:
o Women
o Visible Minorities
o Aboriginal People
o Persons with a disability
- Employers with 100+ employees under federal jurisdiction to develop annual plans setting out goals
and timetables
- Requires submission of annual progress reports
**Functional Impact of Employment Equity
Human resource plans
Hiring plans consistent with employment equity goal (e.g.maintaining a women to men
ratio)
Job descriptions
Not contain information that is unrelated to the performance of the job (e.g. high police
standards)
Recruitment
Ensure marketing efforts are wide enough (e.g. reaching out to minority groups)
Selection
Based on factors related to future job performance only!
Not whether you like the person
Training and development
Any opportunities available are accessible to all
Performance appraisal
Should be used where ever possible.
Measures objectively
E.g. % of sales
Compensation programs
All forms of compensation should not be discriminatory (e.g. bonuses)
Major Steps: Employment Equity Programs
1. Exhibit commitment/ appoint director
CEO committed to show employees that they support this equity program
2. Publicize commitment
Internal: emails, internet
External: potential recruits know this is an equal opportunity employer
3. Survey the workforce
Internal: demographic breakup of employees
External: compare to other organizations
4. Develop goals and timetables
Advertise opportunities
5. Design specific programs
6. Establish controls
Composition of Workforce
Underutilization
o Exists when a department or employer has a lesser proportion of members of a
protected class than are found in the employer’s labour market
IT/Engineering predominately a male dominated work field
Organizations should research all graduates of this program(%) and compare it
to their makeup
Concentration
o Exists when a department or employer has a greater proportion of members of a
protected class than are found in the employer’s labour market
Nurses/Primary School Teachers female dominated field
Pay Equity
Equal pay for work of equal value
o Federally, and in most provinces, laws exist that make it illegal to pay women less than
men if their jobs are of equal value
o Traditionally pay equity was looked at by comparing males and females
Reverse Discrimination
Arises when an employer seeks to hire or promote a member of a protected group over an
equally (or better) qualified candidate who is not a member of a protected group
o Canadian Human Rights Act declares Employment Equity programs are non-
discriminatory if they fulfil the spirit of the law
o Does not hire the majority when the minority is available regardless of who is the better
fit
Textbook Chapter 4

Document Summary

Midterm structure: 50 mc(10 questions from each week of lecture), 5 sa (1 from each week of lecture) Federal and provincial laws regulate the employee-employer relationship. Responsibility of hr specialists: stay abreast of laws, interpretations, and court rulings, develop and administer programs to ensure company compliance. Bill 168 (recent law: first law to prohibit people from making illegal abuse caused psychologically/ emotionally (eg. pranks, nonphysical abuse, provincial law, passed in ontario. Many provinces do not have this law yet. If abuse occurs in the organization, an individual is able to file a lawsuit against the organization and not the individuals involved. The organization bears the costs and pays fines. Discrimination laws: hiring and interview process ensure that no part of a decision is influenced by discriminatory principles. Direct discrimination: on grounds specified in the human rights legislation is illegal: common 50-60 years ago (e. g. segregated schools in america, organizations were able to operate in a similar manner.