MGHB12H3 Chapter 3: Detailed Notes

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Chapter 3 (pg 91): Equity and diversity in HRM
Employment equity
Women, visible minorities, people with disabilities – 60% of Canada’s labour
force
Equity: fairness and impartiality
oIn legal terms, justice based on concepts of ethics and fairness and a
system of jurisprudence administered by admin tribunals
Employment equity: employment of individuals in fair and non biased manner
Designated groups, women, visible minorities, aboriginal people, and person with
disabilities who have been disadvantages in employment
Status of designated groups
Women -> occupations in lower status and pay
o2012 -> 43% of total workforce but not equally represented in all
occupations
o2006 census – over 1 mill aboriginals in Canada, 3.8% of total Canadian
pop (60% first nations, 33% metis, 4% Inuit)
1 in 7 Canadians has disability -> increase with age, 5% of those between 15-24
and 18% from 45-64 having disability -> total of 14% rep Canadas pop
Visible minority pop in Canada grow by 27.2% since 2001 census, compared to
overall pop growth of 5.4%, rep 16.2% Canadians and 15.4% labour force
Benefits of employment equity
Broadening base of qualified individuals for employment, training and
promotions & helping employers avoid human rights complaints
Enhances an org ability to attract and keep the best qualified employees,
employee morale by offering special measures such as flexible work hours and
work sharing
Improves org image in community
Canadian charter of rights and freedoms, federal Canadian human rights act, and
pay equity & employment equity acts
The legal framework
The Canadian charter of rights and freedoms
Constitution act of 1982, contains Canadian charter of rights and freedoms
oFundamental freedoms that comprise standard rights of freedom of speech,
press, assembly, association and religion
oDemocratic rights covering franchise rights
oMobility rights concerning right to move freely from province to province
for purposes of residence and/ or employment
oLegal rights conferring standard procedural rights in criminal proceedings
oEquality rights guaranteeing no discrimination by law on the grounds of
race, ethnic origin, colour, religion, sex, age, sexual orientation, martial
status, citizenship, Aboriginal residence, or mental and physical ability
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oLanguage rights
The Canadian human rights act (CHRA)
Passed by parliament on july 14, 1977 – effective in march 1978
Proclaims that every individual should have equal opp with other individuals to
make for him/herself the life that he/she is able and wishes to have, consistent
with his/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/ ethnic origin, colour, religion, age, sex, or martial status, or convictions
for an offence for which a pardon has been granted or by discriminatory
employment practices based on physical handicap
Applies to all federal gov dept/ agencies, to crown corp such as banks, airlines,
railway, insurance, etc
For those areas not under federal jurisdiction, provincial laws similar to federal
ones differ
Bona fide occupational qualification (BFOQ)- justifiable reason for
discrimination based on business reasons of safety/ effectiveness
oJustified if employer can establish necessity for business operations
(differential treatment not discrimination if there is justifiable reason)
oDebate on whether male guards should be allowed to work in women’s
prisons and whether members of Sikh religion, whole religions mandates
wearing of turbans must wear hard hats
Enforcement of Canadian human rights act
Deals with complaints concerning discriminatory practices covered by the
Canadian Human Rights Act
May choose to act on its own if it believes that sufficient grounds exist for a
finding of discrimination
Has power to issue guidelines interpreting the act
Fine as high as 50,000 if fail to comply
The enforcement of provincial human rights laws
Enforced in manner similar to deferral system
Tend to be small and medium sized businesses, many of which lack an HR
professional who is knowledgeable about human rights legislation
Majority of cases resolved at investigation stage -> if no agreement, case is
presented to provinces human rights commission
Pay equity
As result from 1978 amendment to Canadian Human Rights Act
Law makes it illegal for employers to discriminate against individuals on basis of
job content
Goal -> eliminate historical wage gap between men and women and ensure salary
ranges reflect value of work performed
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