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Chapter 3

ADMS 2600 Chapter 3 notes.docx

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Administrative Studies
ADMS 2600
Sung Kwon

Chapter 3:Equity and Diversity in Human Resources Management Employment equity - treatment of employed individuals in a fair and nonbiased manner - not just the absence of discrimination but also the proactive programs to ensure that the organization's workforce is representative of the population - legislation affects all aspects of the employment relationship - concerns all individuals regardless of their sex, religion, age, national origin, race, or position in an organization - implementation has involved establishing policies and practices designed to ensure equitable representation in the workforce and to redress past discriminations Status of Designated Groups Designated groups in Canada that have not received equitable treatment in employment  Women  Aboriginal people  visible minorities  people with disabilities Disadvantages faced by designated groups  high unemployment  occupational segregation  pay inequities  limited opportunities for career progress Women - tend to be concentrated in occupations that are accorded lower status and pay - constituted 43 percent of the total workforce but were not equally represented in all occupations - underrepresented as semi-professionals and technicians, supervisors in trades, natural and applied sciences - underrepresented in management positions and as members of boards - female earnings lag behind those of men. The census found that women working full-time earned 85 cents for every dollar earned by men in 2005 Several strategies for the retention of women 1. Equal pay—receive equal pay for work of equal value 2. Flex schedules—accommodate women with childcare and eldercare responsibilities by offering them four 10-hour days, half-days, or flexible arrival times 3. Forty-hour workweeks—many professionals unwilling to put in 80-hour weeks 4. Part-time and job sharing—ideal solution for new mothers 5. Mentoring—pair a promising woman professional with a senior manager to help her develop a career strategy 6. Focus on the family—allow women to work on a schedule that accommodates their family responsibilities 7. Offer opportunities—all employees will stay in jobs if they are learning Aboriginal people - unemployment rate is higher than the national unemployment rate - median income lower compared to other Canadians - face major barriers to employment, which are often compounded by low educational achievement and lack of job experience, as well as by language and cultural barriers People with disabilities - workforce representation is low - 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 - employers can seek to redress attitudinal barriers by focusing on abilities, not disabilities Visible minority groups - vary in their labour force profiles and in their regional distributions - 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 - systemic barriers that negatively affect employment include culturally biased aptitude tests, a lack of recognition of foreign credentials, and excessively high language requirements Benefits of Employment Equity - contributes to the bottom line by broadening the base of qualified individuals for employment, training, and promotions and by helping employers avoid costly human rights complaints - enhances an organization's ability to attract and keep the best-qualified employees, which results in greater access to a broader base of skills - enhances employee morale by offering special measures such as flexible work schedules and work sharing - improves the organization's image in the community Governing pieces of legislation dealing with employment equity  Canadian Charter of Rights and Freedoms  federal Canadian Human Rights Act  pay equity and employment equity acts The Legal Framework Canadian Charter of Rights and Freedoms - does protect the right to bargain collectively, but protects only the right of government and public-sector employees Canadian Charter of Rights and Freedoms guarantees some fundamental rights to every Canadian, including:  Fundamental freedoms comprising rights of freedom of speech, press, assembly, association, and religion  Democratic rights covering franchise rights  Mobility rights, concerning the right to move freely from province to province for the purposes of residence and/or employment  Legal rights, conferring standard procedural rights in criminal proceedings  Equality rights, guaranteeing no discrimination by law on the grounds of race, ethnic origin, colour, religion, sex, age, sexual orientation, marital status, citizenship, Aboriginal residence, or mental and physical ability  Language rights The Canadian Human Rights Act (CHRA) - proclaims that every individual should have an equal opportunity with other individuals to make for himself or herself the life that he or she is able and wishes to have, 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, colour, religion, age, sex or marital 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 government departments and agencies, to Crown corporations, and to other businesses and industries under federal jurisdiction, such as banks, airlines, railway companies, and insurance and communications companies - for areas not under federal jurisdiction (the vast majority of workplaces), protection may be available under provincial human rights laws Prohibited grounds of discrimination in employment  race  religion  sex  age  national or ethnic origin  physical handicap  marital status bona fide occupational qualification (BFOQ) or BFOR (bona fide occupational requirement) - justifiable reason for discrimination based on business reasons of safety or effectiveness - justified if the employer can establish necessity for business operations - business necessity also relates to the safe and efficient operation of an organization Enforcement of the Canadian Human Rights Act Canadian Human Rights Commission (CHRC) - 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 the power to issue guidelines interpreting the act - may refuse to accept a complaint if it has not been filed within a prescribed period of time, if it is deemed trivial, or if it was filed in bad faith The Enforcement of Provincial Human Rights Laws pay equity - equal pay for work of equal value based on two principles o equal pay for equal work (pay equality) – male and female workers must be paid the same wage rate for doing identical work o equal pay for similar or substantially similar work (equal pay for work of comparable worth) – male and female workers must be paid the same wage rate for jobs of a similar nature but having different names Professor Marc Mentzer at the Edwards School of Business at the University of Saskatchewan suggests that these key points help in understanding the differences between pay equality and pay equity:  Pay equality (in which employers are required to pay women the same as men doing the same job) o required by law in every jurisdiction in Canada o about fair pay for individual women employees  Pay equity o about fair pay for entire occupations, which are dissimilar, within an organization, such as comparing nurses (as a group) to electricians o required of all federally regulated employers, both private and public sectors, but varies provincially o implementation based on comparing the work of female-dominated job classes to the value of work performed in male-dominated jobs by males o federal pay equity system is complaint based, meaning that complaints can be raised by an employee, a group of employees, or a bargaining agent The Employment Equity Act – 1995 - must be implemented by employers and Crown corporations that have 100 employees or more and that are regulated under the Canada Labour Code - under the act, the employer is required to  Provide its employees with a questionnaire that allows them to indicate whether they belong to one of the four designated groups  Identify jobs in which the percentage of members of designated groups falls below their availability in the labour 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 employment equity - involves identifying and removing systemic barriers to employment opportunities that adversely affect women, visible minorities, Aboriginal people, and people with disabilities - involves implementing special measures and making reasonable accommodation Federal Contractors Program (FCP) - contractors who bid for goods and services contracts with the federal government valued at $200,000 or more and that employ 100 people or more, are required to implement an employment equity program - not a law, but contractors that do not cooperate may not be allowed to bid Administration and Enforcement of the Employment Equity Act Human Resources Development Canada (HRDC) - responsible for administering the FCP CHRC - mandated under the Canadian Human Rights Act to prohibit discrimination in the establishments of federally regulated businesses and authorized to conduct on-site compliance reviews The Implementation of Employment Equity in Organizations 1. senior management commitment 2. data collection and analysis 3. employment systems review 4. establishment of a workplan 5. implementation 6. follow-up process that includes evaluation, monitoring, and revision Step 1: Senior Management Commitment - more supportive culture is created when the CEO or owner–operator publicly introduces written policy describing the organization's commitment to employment equity - policy must be strategically posted throughout the organization and sent to each employee - policy statement should be supplemented with a communiqué explaining what employment equity is, the rationale for the program, and its implications for current and future employees - assurances must be given at this time that all information provided will be treated confidentially and will not be used to identify individuals other than for the purpose of employment equity program activities - communiqué should also list the names of individuals responsible for administering the program and outline any planned activities the employer may deem necessary to establish the program (e.g., analysis of the workforce or of policies and procedures) Assignment of Accountable Senior Staff - must place the responsibility for employment equity in the hands of a senior manager, a joint labour–management committee, and an employment equity advisory committee with mechanisms for union consultation (or, in nonunionized settings, for consultation with designated employee representatives) - must designate line management responsibility and accountability - anyone given responsibility for employment equity must o be knowledgeable about the problems and concerns of designated groups o have status and ability needed to gain the cooperation of employees at all levels in the organization o have access to financial and human resources required to conduct planning and implementation functions o have sufficient time to devote to employment equity issues o monitor and be in a position to report to the CEO on the results of employment equity measures o be prepared to serve as the employment equity contact person with federal and provincial government agencies - among the employment areas committee members may be required to review are o employment practices o advertising and recruitment policies o company-sponsored training o the organization of work schedules and facilities o systems for promotion to management positions Step 2: Data Collection and Analysis Stock data - show where members of designated groups are employed in the organization, at what salaries and status, and in what occupations on a particular date Flow data - refer to the distribution of designated groups in applications, interviews, hiring decisions, training and promotion opportunities, and terminations - provide information on the movement of employees into and through the organization self-identification questionnaire - confidentiality and a clear commitment at senior levels to the concept of employment equity should be communicated - having employees self-identify is crucial to the success of the program - form should contain the following o An explanation of the employer's employment equity policy, the purpose of the employment equity program, and the need for the information requested
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