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
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