Textbook Notes (368,566)
Canada (161,966)
MGHB12H3 (73)
Chapter 003

Human Resource Management - Chapter 003

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Management (MGH)
Joanna Heathcote

CHAPTER 3: EQUITY AND DIVERSITY IN HUMAN RESOURCES MANAGEMENT 11 September 2013 Managers and HRprofessionals are expected to manage employees in waysthat comply with and respect the laws and regulations ofCanada. The workplacemust notonly reflect but also accommodate diversity. Discrimination based on race, age, or sex is illegal in every jurisdiction. Employment Equity is the employment of individuals in a fair and nonbiased manner. Designated Groups are women, visible minorities, Aboriginal people, and persons with disabilities who have ben disadvantaged in employment. Women are underrepresented as semi-professionals and technicians, as supervisors in trades, and in natural and applied sciences. Women are also underrepresented in management positions and as members of boards. Female earnings still lag behind those of men. The Aboriginal people’s unemployment rate is higher than the national unemployment rate. In western Canada, they account for a substantial portion of labor market growth. They face many barriers compounded by low educational achievement and lack of job experience, as well as by language and cultural barriers. In urban centers, many Aboriginal workers are concentrated in low-paying, unstable employment. Being disabled as adults, many of them are forced to make career changes. Disabilities face attitudinal barriers, physical demands that are unrelated to actual job requirements, and inadequate access to the technical and human support systems that would make productive employment possible. Visibleminoritygroupsvaryintheirlaborforceprofilesandintheirregionaldistributions.LatinAmericans and Southeast Asians experience lower than average incomes, higher rates of unemployment, and reduced access to job interviews, even when they have the same qualifications as other candidates. Systematic barriers that negatively affect employment for visible minorities include culturally biased aptitude tests, a lack of recognition of foreign credentials, and excessively high language requirements. Employment equity is good business sense. It broadens the base of qualified individual, helps employers avoid costly human rights complaints, enhances employee morale by offering special measure, and improves the organization’s image in the community. Representation in the Canadian Representation in the Population (%) Workforce (%) Women 50.9 43.0 Aboriginal People 3.8 2.6 People with Disabilities 14.3 1.6 Members of Visible Minorities 16.2 15.4 The Legal Framework The Constitution Act of 1982 contains the Canadian Charter of Rights and Freedoms:  Fundamental freedoms (s.2) that comprise the standard rights of freedom of speech, press, assembly, association, and religion  Democratic rights (ss. 3-5) covering franchise rights  Mobilityrights(s.6)concerningtherighttomovefreelyfromprovincetoprovinceforthepurpose of residence and/or employment  Legal rights (ss.7-14) conferring standard procedural rights in criminal proceedings  Equality rights (s.15) guaranteeing no discrimination by law on the grounds of race, ethnic origin, color, religion, sex, age, sexual orientation, marital status, citizenship, Aboriginal residence, or mental and physical ability  Language rights (ss.16-23) The Canadian Human Rights Act(CHRA) proclaimsevery individual should have an equal opportunity with otherindividualstomakeforhimselforherselfthelifethatheorsheisableandwishestohave,consistent with his or her duties and obligations as a member of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, color, religion, age, sex or marital status, or convictions for an offence for which a pardon has been granted or by discriminatory employmentpracticesbasedonphysicalhandicap.Theactappliesto allfederalgovernmentdepartments andagencies,toCrowncorporations,andtootherbusinessesandindustriesunderfederaljurisdiction(IE: Banks, airlines, railway companies, and insurance and communications companies). For the areas not under federal jurisdiction protection may be available under provincial ones. Bona Fide Occupational Qualification (BFOQ) is a justifiable reason for discrimination based on business reasons of safety or effectiveness (IE: Blind people as pilots). Prohibited grounds of jurisdiction in Canada chart on page 90-93. The Canadian Human Rights Commission (CHRC) deals with complaints concerning discriminatory practices covered by the CHRA. It may choose to act on its own if it believes that sufficient grounds exist for a finding of discrimination, it also has the power to issue guidelines for interpreting the act. An individual can file a complaint if they feel they have been discriminated against. The CHRC reviews the facts and determine whether claim is legitimate. An investigator is assigned to find more facts, submits a report finding it substantiation or non-substantiation of the allegation. Settlement is arranged, if parties are unable to reach agreement, tribunal will further investigate complaint. If tribunal finds discriminatory practice, it may order the organization to compensate to the victim. Pay Equity The pay equity law makes it illegal for employers to discriminate against individuals on the basis of job content. The goal of pay equity was to eliminate the historical wage gap between men and women and to ensure salary ranges reflect the value of the work performed. Pay equity means equal pay for work of equal value. Two principles:  Equal pay for equal work, pay equality, male and female workers must be paid the same wage rate for doing identical work  Equal pay for similar or substantially similar work, male and female workers must be paid the samewagerateforjobsofasimilarnaturethatmayhavedifferenttitles(IE:Nurse’saide,orderly) Pay Equality is when it is required to pay women same as men doing same job. It is required by law in every jurisdiction in Canada. It is about fair pay for individual women employees. Pay Equity isaboutfair pay forentireoccupations,which aredissimilar,within anorganization(IE: Nurses to electricians). It is required of all federally regulated employers, both private and public sectors. Provincially it varies. Implementation of pay equity is based on comparing the work of female dominated job classes to the value of work performed in male dominated jobs by males. Comparisons require the use of a gender- neutral,unbiasedcomparisonsystemtoevaluatethejobsinanestablishment.Comparisonsmustbedone in such a way that the characteristics of male jobs (IE: Heavy lifting, dirty working conditions), are valued fairly in comparison with the characteristics of “female jobs (IE: Manual dexterity, caring for others). Employment Equity Act (1995) Canada Labor Code requires the employer to:  Provide employee with questionnaire that allows them to indicatewhetherthey belong to oneof the four designated groups  Identifyjobsinwhichthepercentageofmembersofdesignatedgroupsfallbelowtheiravailability in the market  Communicate information on employment equity to its employees and consult and collaborate with employee representatives  Identify possible barriers in existing employment systems that may be limiting the employment opportunities of members of designated groups  Develop an employment equity plan aimed at promoting an equitable workplace  Make all reasonable efforts to implement its plan  Monitor, review, and revise its plan from time to time  Prepare an annual report on its employment equity data and activities The CHRC is authorized to conduct on site compliance reviews. Failure to comply may result in fines. Implementation of Employment Equity in Organizations Implementation of employment equity in an organization follows precepts of any management program. Successful implementation must employ strategic planning, which must be incorporated into an overall business strategy. Six main steps of what a plan should incorporate are: Step 1: Senior Management Commitment Commitment to an employment equity plan necessitates a top-down strategy. A more supportive culture is created when the CEO or owner-operator publicly introduces written policy describing the organization’s commitment to employment equity. The policy statement should be supplemented with a communique explaining what employment equity is, the rationale for the program, and its implications for current and future employees. It should be assured that all information will be treated confidentially. It should be communicated through workplace posters, meetings, newsletters, etc. Senior management must place the responsibility for employment equity in the hands of a senior manager, a joint labor-management committee, and an employment equity advisory committee with mechanisms for
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