Equity, Diversity, and Inclusion Chapter 4 Flashcards
What are the three key questions HR must consider to determine which employment laws apply?
1) Is the person an employee or an independent contractor?
Employees work under supervision, receive benefits, and follow company schedules.
Independent contractors control their work and assume more financial risk.
2) Is the organization provincially or federally regulated?
Federal regulation applies to about 10% of Canadian employees in industries like banking and telecommunications.
Provincial regulation applies to 90% of employees under provincial employment standards.
3) Is the employee unionized or nonunionized?
Unionized employees collectively bargain for employment standards under provincial labor laws.
Nonunionized employees follow minimum standards set by provincial employment legislation.
What are HR’s responsibilities regarding employment laws and exemptions?
Exempt Employees:
Some employees are exempt from many employment laws (varies by province).
Examples include farmers, municipal police, inmates, politicians, and family members in family businesses.
HR Responsibilities:
1) Determine Applicable Laws: Identify which employment laws apply to each employee.
2) Stay Updated: Keep current on employment laws and their interpretations by regulatory bodies and court rulings.
3) Ensure Compliance: Develop programs to maintain company compliance with employment laws.
4) Workforce Management: Fulfill traditional HR roles of obtaining, maintaining, and retaining an optimal workforce, aligned with legal and societal objectives.
What is the Canadian Charter of Rights and Freedoms, and why is it significant for HR managers?
The Canadian Charter of Rights and Freedoms is part of the Constitution Act of 1982 and is the most far-reaching legislation for HR managers.
HR managers must ensure workplace policies and practices align with these rights to avoid violations.
It guarantees fundamental rights to every Canadian, including:
1) Freedom of conscience and religion.
2) Freedom of thought, belief, opinion, and expression, including freedom of the press and other media.
3) Freedom of peaceful assembly.
4) Freedom of association.
What does Section 15 of the Canadian Charter of Rights and Freedoms state, and how are rights infringements addressed?
Section 15 of the Charter guarantees equality before and under the law and the right to equal protection and benefit of the law.
Prohibits discrimination based on race, national or ethnic origin, color, religion, sex, age, or mental/physical disability.
Here is how infringements are addressed…
1) Challenging Rights Violations:Disputes may be settled by a tribunal or in court.
2) Court Responsibilities: Courts interpret and apply the Constitution and legislation (federal/provincial). Develop and apply common law through precedents.
3) Court Hierarchy: Cases begin in lower courts (provincial/territorial). Can escalate to higher courts, courts of appeal, and ultimately to the Supreme Court of Canada (SCC).
4) Role of the Supreme Court of Canada:
Hears cases of public importance or national significance. Is the ultimate interpreter of the Charter of Rights and Freedoms.
True or false? Each province has it’s own discrimination law?
True
What is the Canadian Human Rights Act, and to whom does it apply?
The Canadian Human Rights Act is a federal law that prohibits discrimination.
It applies to all federal government departments and agencies, crown corporations, and businesses and industries under federal jurisdiction, such as: banks, airlines, railways, and interprovincial communication.
Is it prohibited to discriminate against pardoned convicts?
Yes
What is the bona fide occupational requirement?
A requirement that is a part of the job, where you can’t do the job if you can’t do that responsibility.
What is indirect (systemic) discrimination, and what are some examples?
Systemic Discrimination: A company policy, practice, or action that is not explicitly or intentionally discriminatory but has a discriminatory impact or effect.
Examples:
1) Minimum height and weight requirements that may disproportionately exclude certain groups.
2) Minimum scores on employment tests that may disadvantage individuals from certain backgrounds.
3) Promotion criteria favoring seniority, which may limit opportunities for newer employees from underrepresented groups.
What constitutes harassment?
Treating an employee unfairly or differently due to their sex, race, religion, age, or other protected classifications.
What constitutes sexual harassment?
Unsolicited or unwelcome sex- or gender-based conduct that negatively affects the complainant’s employment conditions or outcomes.
What constitutes employer retaliation?
Retaliating against employees who file human rights charges is a criminal act.
Who enforces the Canadian Human Rights Act, and how does enforcement vary by region?
1) Canadian Human Rights Commission (CHRC):
Responsible for enforcing the Canadian Human Rights Act at the federal level.
2) Provincial and Territorial Enforcement:
Provinces and territories have their own human rights laws and human rights commissions.
These commissions follow similar discrimination criteria, regulations, and procedures as the CHRC.
What happened with the employment equity act?
According to federal jurisdiction, employers with 100+ employees must develop and submit annual plans for removing employment barriers and promoting equity with members of these four groups: women, persons with a disability, aboriginal people, and visible minorities.
What are the 6 major steps to launching Employment Equity Programs?
1) Exhibit Commitment: Senior leadership appoints a dedicated director or team responsible for equity programs, which sets the tone from the top, signalling that equity is a priority.
2) Publicize Commitment: Communicate employment equity goals internally and externally so the company must hold itself accountable. It also encourages employees to support the initiative. It also is compliant with the Canadian Employment Equity Act.
3) Survey the Workforce: Conduct a thorough analysis of the current workforce to identify gaps in representation for minority groups. Use tools like demographic surveys and workplace audits to collect data and compare it against benchmarks or external labor force availability.
4) Develop Goals and Timetables: Set measurable equity goals and deadlines. Goals should align with legislative requirements, organizational objectives, and realistic timeframes. This creates accountability through measurable outcomes.
5) Design Specific Programs: Implement targeted interventions to eliminate barriers and support underrepresented groups. Programs include initiatives such as bias training(educating managers on unconscious bias in recruitment and promotion), mentorship programs(supporting underrrepresented employees’ career growth), and accomodation plans(addressing workplace accessibility for employees with disabilities). The purpose is to provide tailored solutations that directly address workforce gaps and systemic inequities.
6) Establish controls: Regular progress reports, audits, and feedback loops which ensure that goals are being met, and adjustments can be made as needed. Compliance with equity legislation is also tracked through these controls.
