Chapter 3 Diversity and Employment Equity Copyright © 1999 John Wiley & Sons Canada, Ltd. All rights reserved.

HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Laws Affecting Discriminatory Practices Charter of Rights and Freedoms Canadian Human Rights Act (CHRA) Employment Equity Act

HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Charter of Rights and Freedoms Part of Constitution Act of 1982 (supreme law of Canada) Protects against discrimination based on: - Race- Sex - National or ethnic origin- Age - Colour- Mental or physical diability - Religion Allows for Employment Equity programs

HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Canadian Human Rights Act (CHRA) Gives all Canadians equal opportunity to live and work without discrimination Applies to federal employees, and employees of federally regulated industries Similar human rights acts in provincial jurisdictions

HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Bona Fide Occupational Requirements (BFORs) Organizations can treat different groups differently on basis of Bona Fide Occupational Requirements Employer must demonstrate discriminatory practice necessary for efficient, economical, safe job performance

HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Reasonable Accommodation If employee can perform essential tasks of job, employers must accommodate disability, unless it imposes undue hardship on organization

HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Equal Pay Guidelines Found in all Canadian jurisdictions “equal pay for equal work” “equal pay for work of equal value”Comparable worth goes beyond “equal pay for equal work” and becomes “equal pay for work of equal value”

HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Maternity and Childcare: Rights of New Parents Maternity leave (usually weeks) Return to work without loss of seniority or benefits Parental leave for new mothers, fathers, and adopting parents

HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Employment Equity Act (EEA) Federal legislation, also found in some provinces Focus on affirmative action programs Canadian Human Rights Commission has authority to conduct audits

HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Three Aims of the Employment Equity Act Draw attention to inequality in past treatment of designated group members Convince employers of need to correct imbalance Work with employers to implement solution

HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Obligations of Employers under EEA Identify jobs in which protected group is underrepresented Communicate information on employment equity to employees Identify and remove barriers to employment Develop employment equity plan Implement plan and monitor changes Prepare annual statistical report on employment equity data

HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Adverse (Disparate) Impact Practice that results in greater rejection rate for minority group than for majority group in occupation (Focus is on consequences of actions, rather than intent) (Also called systemic discrimination)

HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Guarding against Discriminatory Practices The four-fifths rule Restricted policy Geographical comparisons McDonnell-Douglas test

HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Enforcing Employment Equity Canadian Human Rights Commission (CHRC) Responsible for investigating discrimination in federal jurisdiction Seven-step process to investigate charges of discrimination May refer causes to Human Rights Tribunal, and then to Federal Court or Supreme Court

HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Defending Charges of Discrimination Business necessity BFOR Seniority system Three defences generally available to employer:

HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Three Types of Sexual Harassment Condition of employment Action has employment consequences Action creates hostile environment

HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Sexual Harassment Prohibited by both federal and provincial human rights legislation Organization can be held liable for behaviour of employees Organization should issue clear sexual harassment policy

HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd The Glass Ceiling Contributing Factors: Lack of advocates Lack of networks No access to executive search firms Lack of women and minority representation at top levels of organizations