Chapter Three Flashcards
Two Types of Equity Legislation
Employment Equity
Fair and unbiased employee selection
Pay Equity
No gender discrimination in compensation
Employment Equity
Definition: The employment of individuals in an unbiased manner
Includes proactive programs to insure that the organization’s workforce is representative of the population
Focuses on fair employment of designated groups: women, visible minorities, Aboriginal peoples, people with disabilities
Why it matters:
It provides a larger pool of qualified candidates for hiring and promotion
It ensures minority input into important decisions about new products and services:
Employees who are members of designated groups help the organization understand the needs, wants, purchasing behaviour, and brand preferences of their groups
It reduces the risk of costly lawsuits
Status of Designated Groups
Women
48% of total workforce
61% of new college and university grads, BUT
Underrepresented in senior management positions, boards, trades, technical positions, science
Aboriginals
Includes First Nations, Metis, Inuit
Just over 4% of total population (but fastest growing)
Just 10% have university degrees (diplomas and trade certificates are higher)
Visible Minorities
Rapidly growing segment
Currently 16% of the labour force
Key issue: recognition of foreign credentials (medicine, nursing, etc.)
People with Disabilities
Employment Equity Legislation
Canadian Charter of Rights and Freedoms (1982)
The Canadian constitution
Guarantees certain fundamental rights to all Canadians
Canadian Human Rights Act (1978)
Provides for equal opportunity and prevention of discrimination based on gender, ethnicity, race, religion
Applies to federal government agencies and Crown corporations, and to businesses under federal jurisdiction (airlines, railways, telecomms, banks, etc.)
Reporting requirements in the Employment Equity Act (1995)
Others may be protected by provincial human rights laws
Rights Guaranteed by the Charter
Freedom of speech, assembly, association, press, and religion
Right to vote (if 18 or over)
Right to move freely between provinces for residence and employment
Rights in criminal proceedings (habeas corpus, legal representation, etc.)
Equality rights; freedom from discrimination
Language rights
Some collective bargaining rights (for government and public sector employees)
Enforcement
Canadian Human Rights Act
Complaints to Canadian Human Rights Commission Human rights tribunal decides and determines penalty
Provincial Human Rights Laws
Complaints to provincial human rights commission Commission reports to minister responsible, who may call an inquiry
Pay Equity
For federal workers, codified in a 1978 amendment to the Canadian Human Rights Act.
Provincial legislation covers workers in private sector jobs, but legislation varies from province to province.
Two concepts:
Pay equality: A woman doing the same job as a man must be paid the same. (This is required in every Canadian jurisdiction.)
Pay equity: A more complex concept that requires comparing occupations normally held by women with those normally held by men.
Required of all federally regulated employers
Private sector protections vary by province
Implementing Employment Equity
Sr. Mgt. Buy-in
Data collection
Employment systems review
Workplan implementation
Assessment
Senior Management Buy-in 3
Written Policy
Definition and rationale for Employment Equity
Assurance of confidentiality
Communication
Info sessions; department meetings
Posters; web site; employee handbook
Formal training programs
Accountable Staff
Should be a knowledgeable senior manager (e.g., head of HR)
Union liaison
Report to CEO and government agencies as required
Data Collection and Analysis
Stock Data
Where members of designated groups are employed in the organization, and their positions and salaries
Employees must self-identify, so trust is key
Inaccurate numbers for one group may lead to disproportionate recruiting of that group, skewing benefits to other groups.
Flow Data
Distribution of designated groups in applications, interviews, hiring decisions, promotions, terminations
Employment Systems Review
Purpose: Identify employment practices that may unintentionally block certain applicants, causing systemic discrimination
The following systems should be reviewed: job classifications and descriptions, recruitment processes (is the company recruiting only applicants that look like its current employees?), performance evaluation systems, training practices, compensation, access to benefits, promotion practices, discipline procedures, termination processes
Reasonable accommodation: Adjusting employment policies and practices so no individual is disadvantaged with respect to employment opportunities and benefits.
Implementation and Assessment
Implementation of an employment equity plan should follow proven project management practices:
Goals and objectives
Aligned with overall organizational goals
Quantified if possible
Specific tactics to achieve the goals
Time frames
Responsibilities
Monitoring and evaluation procedures
Sexual Harassment
The employer’s duty to address harassment issues is governed by:
Human rights legislation
Common law obligation to treat workers with dignity and respect
The incidence of sexual harassment is likely much higher than the number of incidents reported. Barriers include:
Concerns that the complaint won’t be taken seriously
Personally intrusive investigation processes (the perpetrator is assumed innocent until proven guilty)
Harassment is less about sex and much more about power and control.
Preferred strategy is avoidance, rather than resolution after the fact
.
Harassment on the basis of race, religion, disability, etc. is also forbidden.
Examples of Sexual Harassment
Outright assault
Demands for sexual favours (especially for promotion or job protection)
Verbal threats or abuse
Inquiries about an individual’s sex life
Unwanted gestures or flirtations
Sexually degrading remarks or phrases (e.g., “Ho,” “MILF”)
Displays of obscene material (posters in cubicles, etc.)
Business entertainment that is uncomfortable to women (visits to topless bars, etc.)
Activities on employees’ personal time an issue
Effective Sexual Harassment Policy
Zero tolerance (and inform existing and new employees)
Training session for managers and supervisors (avoidance, recognition, investigation)
Formal complaint procedure (Who? How?)
Act on claims immediately
Apply discipline if evidence supports the claim
Follow up all cases
