Chapter 3 - Equity, Diversity, and Inclusion: The Legal Environemnt

Question 1

The Canadian Charter of Rights and Freedoms

Answer 1

Constitution Act of 1982 - contains the Canadian charter of rights and freedom, is the cornerstone of equity legislation

Fundamental rights including fundamental freedoms, covering franchise rights

Mobility rights, legal rights, equality rights, language rights, gender, age, sexual orientation, marital status

Question 2

The Canadian Human Rights Act (CHRA)

Answer 2

Every individual should have an equal opportunity with other individuals to make for themselves the life that they are able and wish to have, consistent with their duties and obligations as a member of society, without being hindered in or prevented from doing so by discriminatory practices

Question 3

Bona fide occupational qualification (BFOQ) -

Answer 3

a justifiable reason for discrimination based on business reasons of safety or effectiveness

Question 4

Pay Equity

Answer 4

Equal pay for work of comparable worth, or equal pay for work of comparable value

Question 5

Employment equity

Answer 5

• the employment of individuals in a fair and unbiased manner
• Removing systematic barriers to employment opportunities that adversely affect the designated groups - also involves making reasonable accommodations

Question 6

Designated groups -

Answer 6

women, visible minorities, Indigenous Peoples, and people with disabilites who have been disadvantaged in employment

Question 7

Benefits of Employee Equity -

Answer 7

contributes to the bottom line by broadening the base of qualified individuals for employment, training, and promotions and by helping employees avoid costly human rights complaints

enhances an organizations ability to attract and keep the best-qualified employees, which results in greater access to a broader base of skills

Question 8

Employement equity act 1995

Answer 8

Employers and Crown corporation that have 100 employees or more and that are regulated under the Canada Labour Code must implement employment equity and report on their results.

Question 9

Under the act, the employer is required to

Answer 9

Provide employees with a questionnaire to see if they are a part of a designated group, identify percentage of labour force that is a part of the designated groups, communicate information on employee equity, identify possible barriers, develop an employment equity plan, monitor/review plan, prepare annual reports

Question 10

The Implementation of Employment Equity in Organizations
Step 1: Senior management commitment

Answer 10

Commitment to employee equity plan necessitates a top-down strategy, a more supportive culture is created when the CEO or owner-operator publicly introdcues a written policy

Question 11

Step 2: Data Collection and Analysis
Stock data -

Answer 11

data showing the status of designated groups in occupational categories and compensation levels

Question 12

Flow data -

Answer 12

data that provides a profile of the employment decision affecting designated groups

Question 13

Underutilization

Answer 13

term applied to designated groups that are not utlized or represented in the employers workforce proportiioanl to their numbers in the labour market

Question 14

Concentration

Answer 14

term applied to desgianted groups whose numbers in a particular occupation or level are high relative to their numbers in the labour market

Question 15

Step 3: Employment Systems Review

Answer 15

The means by which employers carry out personnel activities such as recruitment, hiring, training and development, promotion, job classification, discipline, and termination

Question 16

Systematic discrimination -

Answer 16

the exclusion of members of certain groups through the application of employment policies or practices based on criteria that are not job related

Special measures are initiatives designed to accelerate the entry, development, and promotion of members of the designated groups from among the interested and qualified workforce

Question 17

Reasonable accommodation

Answer 17

attempt by employers to adjust the working conditions or schedules of employees with disabilities or religious preferences

Question 18

Step 4: Establishment of a Workplan

Answer 18

Provides the employer with a useful base from which to develop a workplan with realistic goals and timetables

The summary should include any restrictions faced in hiring due to collective agreements, staff movements, or the need for specialized skills in a particular profession

Question 19

Plan must include -

Answer 19

numerical goals with time frames, explanations about the proposed improvement in hiring, training, and promotion of the designated groups, descriptions of specific activities, outline monitoring and evaluation procedures to follow program implementation

Question 20

Step 5: Implementation

Answer 20

Each strategy should be designed to meet the needs of the particular organization

Question 21

Step 6: Evaluation, Monitoring, and Revision

Answer 21

By monitoring progress, the employer will be able to evaluate the overall success of the equity initiatives used to achieve a representative workforce, as well as respond to organizational and environmental changes

Question 22

Sexual harassment

Answer 22

unwelcome advances, request for sexual favours, and other verbal or physical conduct of a sexual nature in the working enviornment

Question 23

Prevention

Answer 23

human rights legislation and common low obligation to treat workers with decency and respect

Question 24

Kinds of sexual harassment -

Answer 24

unwelcomed things in a sexual nature, person who has authority over you makes sexual suggestions for a raise, person for authority denys raise because of refusing sexual request

Question 25

Diversity management -

Answer 25

the optimization of an orgnaizations multicultural workforce to reach business objectives

Goal is to have the workforce at all levels resemble the population
Enhanced creativity, better utilization of talent, increased marketplace understanding,

Question 26

Inclusion

Answer 26

managing inclusion involves integration (ensuring that employees feekl a sense of belonging and feel valued, respected, and encouraged to participate in an organization)

Question 27

Inclusivity strategies -

Answer 27

educate your leaders, develop and inclusion council, celebrate employee differences, listen to employees, hold effective meetings, communicate goals and measure progress