Chp 4: Legal Requirements & Managing Diversity Flashcards
LO1: what do laws regulate
employee-employer relationship
LO1: 3 responsibilities of HR specialists
Stay abreast of the laws and interpretation of the laws by regulatory bodies and court rulings
Develop programs to ensure company compliance
Pursue their traditional roles of obtaining, maintaining, and retaining an optimal workforce
LO1: to avoid flooding courts, what happens
To avoid flooding courts with complaints and prosecution of minor infractions, there are special regulatory bodies like commissions, tribunals and boards to enforce compliance like human rights commissions, labour relations board and aid in interpretation. They create regulations.
LO1: define regulations
legally enforceable rules developed by governmental agencies to ensure compliance with laws that the agency administers
LO1: define canadian charter of rights and freedoms
federal law enacted in 1982, guaranteeing individuals equal rights before the law
LO1: where is charter contained
Contained in the constitution act of 1982
LO1: what is most far reaching legal challenge forHr
charter
LO1: ultimate interpreter of charter
Supreme court is ultimate interpreter of charter but takes time to get case there
LO1: section 1 of charter
guarantees rights and freedoms to reasonable limits prescribed by law in free and democratic society
LO1: section 2 of charter
guarantees freedom of association (right to bargain collectively and right to strike cannot be taken for granted)
LO1: section 15 of charter
the equality rights act, came into effect in Apr 17, 1985
LO1: what does charter apply to
applies only to individuals dealing with federal and provincial gov and agencies
LO1: 4 guarantees of charter
Freedom of conscious + religion
Freedom of thought, belief, expression, freedom of press
Freedom of peaceful assembly
Freedom of association
LO1: 9 protections in charter
Fundamental freedoms
Democratic rights
Right to live and seek employment anywhere in canada
Legal rights: risk to life, liberty, personal security
Equality rights for all
Officially recognized languages of canada
Minority language education rights
Canada’s multicultural heritage
Aboriginal rights
LO1: what does human rights legislation seek to do
Seeks to provide equal employment opportunities and prohibits discrimination on prohibited grounds
LO1: 2 types of human rights legislation
1) federal law
2) provincial law
LO1: explain federal law human rights legislation
Passed by parliament and enforced by federal human rights commission/tribunal
To ensure equal employment opportunities with employers under federal jurisdiction
LO1: explain provincial law human rights legislation
Enacted by provincial governments and enforced by provincial human rights commissions/tribunals
To ensure equal employment opportunities with employers under provincial jurisdiction
Provincial human rights laws tend to differ only slightly mainly in terminology
LO1: how limited are human rights legislation and compare to something else
Employment related laws are limited in scope - usually confined only to single HR activity. Human rights legislation is not limited and affects nearly every HR function
LO2: when did CHRA pass
Passed in 1977 and took effect in 1978
LO2: what is CHRA
canadian human rights act
LO2: define CHRA
Federal law prohibiting discrimination
LO2: what does CHRA apply to
Act applies to all federal gov departments and agencies, crown corporations, and business and industry falling under federal jurisdiction (banks, airlines, railways, interprovincial communication) in dealings with public and employment policies
LO2: what does each province have
Each province has its own antidiscrimination law, except nunavut which is under federal jurisdiction
LO2: define discrimination
The practice of treating one person or group of people less fairly or less well than other people or groups
LO2: most frequent discrimination
disability
LO2: discrimination defined in laws
Not defined in the charter nor in any federal or provincial human rights legislation, except Quebec
LO2: CHRA conflicting rights
No rights are absolute and there is no hierarchy of rights
LO2: when is direct/intentional discrimination illegal
On grounds specified in human rights legislation
LO2: legal direct discrimination
bona fide occupational requirement (BFOR), but there is a duty to accommodate to the point of undue hardship (like religious schools hiring members of specific faith)
LO2: define BFOR
justified business reason for discriminating against member of protected class aka bona fide occupational qualification (BFOQ)
LO2: define indirect/systemic discrimination
Company policy, practice, or action that is not openly or intentionally discriminatory, but has a discriminatory impact or effect
LO2: example of indirect discrimination
min height and weight requirements, min scores on employment tests, promotion criteria that favours seniority
LO2: CHRC and discrimination
CHRC takes steps to detect indirect/systemic discrimination
LO2: explain unconscious/implicit bias
bias that may affect decisions but which we are unaware of
LO2: define CHRC
canadian human rights commission: supervises the implementation and adjudication of the canadian human rights act
LO2: what consists of CHRC
Consists of 8 members with full time members not exceeding 7 years, part time not exceeding 3 years
LO2; what does CHRC do
Also administers employment equity act
Commission is not a tribunal and does not rule on cases
LO2: explain AODA
Accessibility for ontarians with disabilities act (AODA) requires employers to make workplaces accessible to member of the public with disabilities
LO2: define duty to accommodate
requirement that an employer must accommodate the employee to the point of undue hardship
LO2: list prohibited grounds of discrimination
1) race and colour
2) ethnic origin
3) religion
4) gender identity
5) sex + orientation
6) age
7) marital + family status
8) disability
9) pardoned convicts
LO2: first nations in workforce
First nations are underused in workforce. Less than ⅓ have mission to recruit. Factors limiting this: lack of candidates, lack of academic qualification, lack of experience, location of canadidate
LO2: what contributes to discrimination on name
implicit bias
LO2: whitened resume
Whitened resumes 2 - 2.5 times more likely to get callback
LO2: major case against religious discrimination
Undue hardship and duty to accommodate examined in ruling against central alberta dairy pool
LO2: what does undue hardship include
Undue hardship not defined but includes interference with other worker rights, size, problems of morale, interchangeability of workforce, financial cost, health and safety, collective agreements
LO2: when and how was gender identity included in protected grounds
2017,bill c16 included to prevent discrimination on this
LO2; dates for sexual orientation as protected ground
Same sex relationships recognized in 1999 CHRC report and 2000 recognized. Included in def of marriage in 2005.
LO2: factors that include old people to remain in workforce
Factors to remain in workforce include increased health of older workers and decline in pension coverage
LO2: big case against marital and family status protected ground
For family status, widely regarded case is against canada employment insurance commission
LO2; what is not included in marital + family status protected ground
Voluntary family activities are not included
LO2: major case for disabilty protected ground
2017 elk valley coal decision stated terminating employee with disability not always violation
LO2: define reasonable accommodation
voluntary adjustments to work or workplace that allow employees with special needs to perform their job effectively
LO2: % of workforce with disability
54%
LO2: what is not required for reasonable accommodation
Long absences for rehabilitation is not required
LO2: how many people have disability
1/7 people have disability
LO2: define integrated accessibility standards regulation
emergency procedures available in alternate formats and individualized for employees who need it
LO2: when may pardon be granted
after 5 years of release or parole
LO2: discrimination on arrest record
not prohibited as discrimination but need to show asking for this is relevant to job
LO2: 3 criteria to assess BFOR
1) is standard rationally connected to performance of the job?
2) Was the standard established in honest belief that it was necessary to accomplish the purpose?
3) is standard reasonably necessary to accomplish its purpose?
LO2: what can you not do for discrimination against someone who is deaf
You may not discriminate on the basis of disability because a deaf person can’t hear a fire alarm, it needs to be related to requirements of job and can’t be speculative situation
LO2: what is CHRA not limited to
not limited to supervisors, but co-workers even for different employer
LO3: define harrassment
treating an employee in a disparate manner because of that person’s sex, race, religion, age or other protected classification
LO3: what may harassment be
one strong incident or a series of incidents
LO3: explain ostracism
Ostracism is form of bullying but often omitted from harassment policies
LO3: define sexual harassment
: unsolicited or unwelcome sex or gender based conduct that has adverse employment consequences for that complainant
LO3: 3 characteristics of sexual harassment
Encounters are unsolicited, unwelcome or known by respondent to be unwelcome
Conduct must continue after complainant’s protests or protests must have led to negative employment consequences
Complainant cooperation must be due to employment related threats or promises
LO3: landmark case of sexual harassmnet
department of national defence
LO3: define employer retaliation
it is a criminal act to retaliate against employees who file human rights charges. Those who file are protected by law.
LO3: what does protection against harassment extend to
t from the workplace, during or outside normal working hours provided such incidents are employment related
LO3: what do we assume with harassment
It is assumed harassing behaviour has taken place if reasonable person ought to have known such behaviour was unwelcome
LO3: what does CHRC do
investigates/administers canadian human rights act and employment equity act. Not a tribunal - they do not rule on cases.
LO3: what if CHRC cannot resolve complaint
Mediation or ask canadian human rights tribunal
LO3: steps if you’ve been discriminated against
If person is discriminated, contact provincial human rights officer. Most are satisfied here. Otherwise sent to provincial human rights commission and maybe tribual or board of inquiry who has same powers of tribunal.
LO3: powers of tribunal
Tribunal has power to order compliance. Noncompliance is illegal.
LO3: when does supreme court get involved
If issue is nationwide implications
LO3: nova scotia human rights commission
uses resolution conference to deal with complaints better
LO4: what does employment equity program do
Promoting employment opportunities for 4 groups: women, persons with disability, aboriginal people, visible minorities
LO4: year employment equity act came into effect
1987
LO4: explain employment equity act
Federal law to remove employment barriers and promote equality
Abella commission on equality in employment was appointed
Employers with 100+ employees under federal jurisdiction to develop annual plans setting out goals and timetables
Different from affirmative action in US because of negative connotations
LO4: year of employment equity amendment
1996
LO4: explain employment equity amendment
Employers are responsible for providing reasonable accommodation
LO4: what HR functions are affected by employment equity programs
virtually all
LO4: define employment equity programs
developed by employers to undo past employment disctimination to ensure equal employment opportunity in future. Called affirmative action in US.
LO4: employment equity programs at fed and prov level
Mandated equity programs take place at federal level. Provincial level is largely voluntary.
LO4: steps in employment equity programs
Exhibit commitment, appoint director Publicize commitment Survey workforce to possibly find underutilization or concentration Develop goals and timetables Design specific programs Establish controls
LO4: explain remedial programs
correct problems that already exist
LO4: explain active programs
management goes beyond instructing supervisors about new hiring policies and waiting for things to happen
LO4: explain preventative programs
more proactive. Involve assessment of HR policies.
LO4: define underutilization
condition that exists when a department or employer has a lesser proportion of members of a protected class than are found in the employer’s labour market
LO4: define concentration
a condition that exists when a department or employer has a greater proportion of members of a protected class than are found in the employer’s labour market
LO4: explain employment equity act compliance
Federal jurisdiction, those doing business with federal gov, companies with 100+ employees bidding on contracts $1,000,000
LO4: pay equity in most provinces
Federally and in most provinces it is illegal to pay women less than men if their jobs are of equal value
LO4: how much has wage gap shrunk
Gap has shrunk by 10 cents since 1981
LO4: pay equity in specific provinces
Only quebec and ontario have laws covering public + private sector, BC and Sask have pay equity policy framworks.
LO4: landmark pay equity case
gov
LO4: when does reverse discrimination arise
Usually arises when an employer seeks to hire or promote a member of a protected group over an equally (or better) qualified candidate who is not a member of a protected group
LO4: effect on reverse discrimination on HR
Places HR departments in difficult position
LO4: reverse discrimination and CHRA
Canadian human rights act declares employment equity programs non-discriminatory if they fulfil the spirit of the law
LO4: define principles of natural justice
Minimum standards of fair decision making imposed on persons or bodies acting in a judicial capacity
LO4: rights for natural justice
to a fair hearing, to bias-free proceeding, of legal representation, to timely notice of hearing, to timely process, to present opposing argument
LO4: what does natural justice supercede
org policies
LO4: when did canadian labour code come into force
1971
LO4: explain canadian labour code
Revised from industrial disputes investigation act of 1907
Regulates union
Provincial equivalent are employment/labour standards act
LO4: when is weekly rest day preferable
sunday
LO5: big issue for firms
Sexual harassment and unjust dismissal
LO5: define workplace diveristy
human characteristics that influence an employee’s values, perceptions of self and others, behaviours, and interpretation of events around them
LO5: core dimensions of diversity
age, ethnicity and culture, sex/gender, race, religion, sexual orientation, capabilities
LO5: explain core dimensions of diversity
exert considerable impact on early socialization and powerful impact throughout lives
LO5: secondary dimensions of diversity
education, status, language, income levels
LO5: alternate to stereotyping
Grouping of people that gives insights into unique backgrounds, capabilities is likely to generate better outcomes
LO5: explain old boys network
informal relationships among male managers and executives
LO5; explain glass ceiling
invisible but real obstructions to career advancement of women and visible minorities
LO6: what does diverse workforce require
A diverse workforce requires managers with new leadership styles who understand employees varying needs and creatively respond by offering flexible management policies and practices
LO6: define managing diversity
ability to manage individual employees with different cultural values and lead teams made up of diverse employees
LO6: 3 dimensions of managing diversity
1) diversity adds value
2) diversity includes all types of differences
3) org culture + working environments key to focus on managing diversity
LO6: 4 important things of diversity
1) Changing workforce
2) Importance of human capital
3) Increasing role of work teams (valuing differences can result in improved creativity and innovative problem solving)
4) Diversity as a competitive advantage
LO7: diversity vs inclusion
Managing diversity requires label or classification of people while inclusion creates practices where all employees are able to contribute effectively regardless of their differences
LO7: diversity vs inclusion: driver
legal/avoid penalty vs business/enhance performance
LO7: diversity vs inclusion: nature of change
remedial/imposed vs strategy/internally driven
LO7: diversity vs inclusion: focus
visible diff vs visible & invisible diff
LO7: diversity vs inclusion: implementation
demographic, profile change vs culture change
LO7: diversity vs inclusion: target population
minorities vs everyone
LO7: 6 current industry practices
1) diversity and inclusion training programs
2) mentoring programs
3) alternative work arrangements
4) apprenticeship
5) support groups
6) communication standards
LO7: define diversity and inclusion training programs
training programs aimed at importing new skills to motivate and manage a diverse and inclusive workforce
LO7: 3 diversity and inclusion training programs
1) awareness
2) skill building
3) training
LO7: explain awareness training
training employees to develop their understanding of the need to manage and value diversity
LO7: explain skill building training
training employees in interpersonal skills to correctly respond to cultural differences at the workplace
LO7: explain process training
have supervisors and employees learn about diversity
LO7: define mentoring programs
programs encouraging members of disadvantaged groups to work with a senior manager who acts like a friend and guide in achieving career success
LO7: explain alternate work arrangement
nontraditional work arrangements that provide more flexibility to employees while meeting org goals
LO7: explain apprenticeship
one on one training in which junior employees learn from experienced person
LO7: explain support group
groups of employees who provide emotional support to a new employee who shares a common attribute with group
LO7: explain communication standards
formal protocols for internal communications with org to eliminate bias in communication
LO7: explain diversity and inclusion audits
audits to uncover underlying dimensions, causes, interdependencies, and progress to date on diversity and inclusion matters
