Equity & Diversity THE LEGAL ENVIRONMENT & VALUING DIVERSITY: CHAPTER 3 Overview: Legal issues and Canadian (and US) Law Diversity, (in)Equity, and Inclusion Interventions and strategies for inclusivity The Legal Framework • The Canadian Charter of Rights and Freedoms • The Canadian Human Rights Act (CHRA) • Provincial laws Charter of Rights and Freedoms Freedom of conscience and religion US: 1st Amendment (i.e., application: religion) Freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication US: 1st Amendment (i.e., application: free speech) Freedom of peaceful assembly US: 1st Amendment (i.e., application: assembly) Freedom of association US: 1st Amendment (i.e., application: assembly) Section 15: Equality rights Canadian Human Rights Act (1978) “Every individual should have an equal opportunity with other individuals to make for himself or herself the life that he or she is able and wishes to have, consistent with his or her duties and obligations as a member of society.” (Section 2) “It is a discriminatory practice, directly or indirectly, (a) to refuse to employ or continue to employ any individual, or (b) in the course of employment, to differentiate adversely in relation to an employee, on a prohibited ground of discrimination” (Section 8) Prohibited Grounds for Discrimination race/colour national or ethnic origin religion sex (including pregnancy and childbirth) marital status/family status age (18+) mental or physical disability pardoned conviction sexual orientation dependence on alcohol/drugs (except Yukon & NW Territories) Canadian Human Rights Act (1978) Prohibited Grounds for Discrimination race/colour national or ethnic origin religion sex (including pregnancy and childbirth) marital status/family status age (18+) mental or physical disability pardoned conviction sexual orientation [HISTORY OF] dependence on alcohol/drugs United States Civil Rights Act (1964) Age Discrimination in Employment Act (1967) Americans with Disabilities Act (1990) Studying Hiring Discrimination Non experiment X Y “Variable X is associated with Variable Y” Experiment X “Variable X causes Variable Y” Y Studying Hiring Discrimination Interventions for Hiring Discrimination Experiment X “Variable X causes Variable Y” Y The Enforcement of Provincial Human Rights Laws Provincial human rights laws are enforced in a manner very similar to that of the federal system. At the provincial level, employers tend to be small and medium-sized businesses, many of which lack an HR professional who is knowledgeable about human rights legislation. The majority of cases are resolved at the investigation stage. The Enforcement of Provincial Human Rights Laws • File a written complaint with the Human Rights Tribunal • Investigation • Submission of report (Human Rights Commission) • Outcome Settlement Provincial court Class Break Managing Diversity • EFFECTIVELY MANAGING THE ORGANIZATION’S SOCIODEMOGRAPHIC DIVERSITY TO REACH BUSINESS OBJECTIVES Fundamental Human Motives Fundamental Human Motives Authenticity Fundamental Human Motives Authenticity – being true to ourselves Fundamental Human Motives Authenticity – being true to ourselves Belonging – Fundamental Human Motives Authenticity – being true to ourselves Belonging – the need to feel accepted and connected Notes on Discrimination: Individuals and Systems Interpersonal Discrimination Occurs between individuals Conscious Unconscious Systemic Discrimination Discrimination against an individual (or group) that occurs within or between different organizations in society that collectively represent a “system” Justifiable Preferences Business Necessity A practice that is necessary for safe and efficient organizational operations. Bona Fide Occupational Qualification (BFOQ) Justifiable reason for employment preferences based on business necessity or requirement that can be clearly defended, per the tasks for the job (reasons of safety or effectiveness). (Un)Justifiable Preferences Reasonable Accommodation Accommodate employee(s), unless undue hardship to employer Reasonable Alternative Employer must show that there are no other reasonable alternatives to a discriminatory practice ^^^ BFOQ Sufficient Risk Proof of safety risk for not complying with BFOQ Evaluating Outcomes Disparate Treatment A situation that exists when [minority] protected-class members are treated differently than their majority counterparts. Adverse Impact adverse impact exists if the number of people hired divided by number of applicants, for any group, is less than 80% of the selection ratio for another group Evaluating Outcomes: Ex 1 Adverse Impact Example: # Women Hired: 9 # Men Hired: 40 # Female Applicants: 60 # Male Applicants: 100 Selection Ratio (Women): 9 / 60 = .15 Selection Ratio (Men): 40 / 100 = .4 Evidence of Adverse Impact Evaluating Outcomes: Ex 2 Adverse Impact Example: # Women Hired: 6 # Men Hired: 8 # Female Applicants: 36 # Male Applicants: 80 Selection Ratio (Women): 6 / 36 = .17 Selection Ratio (Men): 12 / 60 = .20 No Evidence of Adverse Impact Sexual Harassment Sexual Harassment • Unwelcome advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature in the working environment Pay Equity Covered by all Canadian jurisdictions, either through explicit laws or policies, except Alberta. Equal pay for work of equal value – pay equality Equal pay for work of comparable worth, or equal pay for work of comparable value – pay equity legislation Notes from the Professor Interview Questions o Avoid inappropriate, and illegal, interview questions Language / Words are powerful Images are powerful Sometimes, less is more… Some things aren’t needed during the recruitment process… having them may bias the outcome Occupational stereotypes Managerial stereotypes Unpacking “fit” Notes from the Professor Mentoring initiatives and programs Employee Resource Groups (ERG’s) Information networks Notes from the Professor Notes from the Professor Notes from the Professor Notes from the Professor Notes from the Professor Notes from the Professor Notes from the Professor Notes from the Professor Notes from the Professor Notes from the Professor
