2. © 2005 by Nelson, a division of Thomson Canada Limited. 1 Employment Discrimination and Employment Equity

3. © 2005 by Nelson, a division of Thomson Canada Limited. 2 Chapter Seventeen Objectives Understand the challenges faced by certain groups in the labour force Discuss the notion of discrimination and the legal bases for protection against discrimination in Canada Provide two different meanings of discrimination and give examples of how each might be committed Explain the purpose and functions of employment equity Define the key elements of pay equity and its relationship to employee equity Elaborate on issues in employment discrimination and equity

4. © 2005 by Nelson, a division of Thomson Canada Limited. 3 Chapter Seventeen Outline Challenges in the Labour Pool Discrimination Issues in Workplace Discrimination Employment Equity Pay Equity Summary

5. © 2005 by Nelson, a division of Thomson Canada Limited. 4 Introduction to Chapter Seventeen The chapter addresses: Minorities: Native people, women and people with disabilities Legal and ethical implications of discrimination Obligations of employers to ensuring workplace equity for all groups

6. © 2005 by Nelson, a division of Thomson Canada Limited. 5 Challenges in the Labour Pool Four Designated Groups: Women Aboriginal or First Nations People Individuals with Disabilities Visible Minorities

7. © 2005 by Nelson, a division of Thomson Canada Limited. 6 Discrimination Legal Protection Canadian Charter of Rights and Freedoms (Constitution Act of 1982) The Canadian Human Rights Act (1977) The Canadian Human Rights Commission (CHRC)

8. © 2005 by Nelson, a division of Thomson Canada Limited. 7 Discrimination Expanded Meanings of Discrimination Direct Discrimination or Disparate Treatment –“A law, rule or practice which on its face creates harmful differential treatment on the basis of particular group characteristics.” Indirect Discrimination Systemic Discrimination

9. © 2005 by Nelson, a division of Thomson Canada Limited. 8 Issues in Workplace Discrimination Sex Discrimination –Moving into Professional/Managerial Positions –Sexual Harassment Age and Religious Discrimination

10. © 2005 by Nelson, a division of Thomson Canada Limited. 9 Employment Equity To eliminate employment barriers for the four designated groups identified in the Employment Equity Act Redressing past discriminations Improving access for all designated groups Fostering a climate of equity in the organization Implementing positive policies and practices

11. © 2005 by Nelson, a division of Thomson Canada Limited. 10 Employment Equity Employment Equity Planning in the Organization Step 1: Senior Management Commitment Step 2: Data Collection and Analysis Step 3: Employment Systems Review Step 4: Establishment of a Work Plan Step 5: Implementation Step 6: Evaluation, Monitoring, and Revision

12. © 2005 by Nelson, a division of Thomson Canada Limited. 11 Pay Equity Legislation Issue: Illegal for employers to discriminate against individuals on the basis of job content Principle Issue: Equal pay for equal work Equal pay for work of equal value or comparable worth

13. © 2005 by Nelson, a division of Thomson Canada Limited. 12 Equal Pay Program Program Objective: To eliminate sex-based wage discrimination in the federal jurisdiction Program Overview Employers are responsible for implementing equal pay –Step 1: Education –Step 2: Monitoring –Step 3: Audit or Inspection

14. © 2005 by Nelson, a division of Thomson Canada Limited. 13 Designated groups Disparate treatment Employment equity Pay equity Preferential treatment Reasonable accommodation Reverse discrimination Selected Key Terms