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

Chapter 3Chapter 3

Diversity and Employment Equity

Copyright © 1999 John Wiley & Sons Canada, Ltd. All rights reserved.

HUMAN RESOURCES MANAGEMENTTempler • Cattaneo • De Cenzo • RobbinsTempler • Cattaneo • De Cenzo • Robbins

John Wiley & Sons Canada, Ltd

Laws AffectingLaws AffectingDiscriminatory PracticesDiscriminatory Practices

• Charter of Rights and Freedoms

• Canadian Human Rights Act (CHRA)

• Employment Equity Act



Charter of RightsCharter of Rightsand Freedomsand 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



Canadian Human Rights Act Canadian Human Rights Act (CHRA)(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



Bona Fide Occupational Bona Fide Occupational Requirements (BFORs)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



Reasonable Reasonable AccommodationAccommodation

• If employee can perform essential tasks of job, employers must accommodate disability, unless it imposes undue hardship on organization



Equal Pay GuidelinesEqual Pay Guidelines

• Found in all Canadian jurisdictions

• Comparable worth goes beyond “equal “equal pay for equal work”pay for equal work” and becomes “equal pay for work of equal value”“equal pay for work of equal value”



Maternity and Childcare:Maternity and Childcare:Rights of New ParentsRights of New Parents

• Maternity leave (usually 17-18 weeks)

• Return to work without loss of seniority or benefits

• Parental leave for new mothers, fathers, and adopting parents



Employment Equity Act Employment Equity Act (EEA)(EEA)

• Federal legislation, also found in some provinces

• Focus on affirmative action programs

• Canadian Human Rights Commission has authority to conduct audits



Three Aims of theThree Aims of theEmployment Equity ActEmployment 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



Obligations of Employers Obligations of Employers under EEAunder 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



Adverse (Disparate) ImpactAdverse (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)



Guarding against Guarding against Discriminatory PracticesDiscriminatory Practices

• The four-fifths rule

• Restricted policy

• Geographical comparisons

• McDonnell-Douglas test



Enforcing Enforcing Employment EquityEmployment Equity

Canadian Human Rights Commission (CHRC)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



Defending Charges ofDefending Charges ofDiscriminationDiscrimination

• Business necessity

• BFOR

• Seniority system

Three defences generally available to employer:



Three Types ofThree Types ofSexual HarassmentSexual Harassment

• Condition of employment• Action has employment

consequences• Action creates hostile environment



Sexual HarassmentSexual 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



The Glass CeilingThe Glass Ceiling

Contributing Factors: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

Documents

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