Chapter 4 Flashcards
How does the government impact human resource management?
Laws have direct impact on human resources function.
- Charter of rights and freedoms that guarantees individuals equal rights before the law
- – freedom of religion
- – right to seek employment anywhere in Canada
- – equality rights for all individuals
- – legal rights: right to life, liberty, personal security
What kind of law/legislation impacts HR more narrowly?
Human rights legislation!
What is human rights legislation in the realm of HR?
Provide equal employment opportunity by prohibiting discrimination on various prohibited grounds
- race
- ethnic origin
- age
- religion
- sexual orientation
- disability
- marital status
- family status
- gender identity
What are the two types of discrimination?
Direct: open and purposive actions meant to discriminate against the hiring/advancement of certain individuals (ppl still try to hide it a little though)
Indirect/systemic: not openly or intentionally discriminatory but has an indirect discriminatory impact or effect
- can be difference b/t intent and consequence, but cant check someone’s intent so ouch
- can intend to do it but hide it under processes and etc.
What is disparate treatment? Disparate impact?
treatment = treating people unequally
impact = treating people equally but with unequal results (ex: one % tax for all people vs. tax brackets based on income)
- disparate impact often result of indirect discrimination
- end up with systematic discrimination
What do both forms of discrimination produce? What are some examples of this?
produce differential impact
Examples:
- minimum/maximum height and weight reqments for police forces = makes it harder for women and those of certain ethnic origins to be hired bc just shorter/smaller in general
- promotion criteria that favours seniority factors and experience = women harder to get experience bc often leaving for childcare and etc.
- job eval system that tends to undervalue jobs traditionally done by women (nurding, early childhood education)
- organizational culture where minority groups feel unwelcome and uneasy
What is a Bona fide occupational requirement (BFOR)? What are employers responsible for?
a necessary (not just preferred) requirement for performing a job. Responsible for demonstrating that job requirement is actually true BFOR and not just a manufactured requirement whose real purpose is to discriminate against (select out) certain persons. (like the certain weight/height rule)
What is employer’s duty to accomodate?
Duty to consider how an employee’s characteristics such as disability, religion, family status, can be reasonably accommodated.
REASONABLY = accommodate to the extent that the employer is not unduly hurt by such accommodation (gonna cost some money, but still recoverable // large org can make bigger investment/change than smaller)
How is harassment in the workplace defined?
Involves any unwanted physical or verbal behavior that offends or humiliates - determined by what a ‘reasonable person’ (a legal construct) would think.
What forms of harassment are there? What does each mean?
Mental/psychological harassment = invisible but very impactful (ignored, not respected, not permitted to speak/share)
Sexual harassment = unwelcome behaviour that is of a sexual nature and is related to a persons gender or gender identity
Workplace bullying = a broad array of actions whose intent is to subvert action and to humiliate others
Employer Retaliation = retaliate against employees that exercise rights accordinh to Can. human rights act (telling truth about bad org online) – CAN seek lawsuit/persecution for slander/spreading lies
What are the two forms of sexual harassment?
a) Quid Pro Quo = this for that: if you do (don’t do) this sexual/inappropriate thing for me, I’ll promote (fire) you.
b) hostile environment = org allows it to exist, env in which people feel uncomfortable, dominated, less than.
What are the issues with a sexual harassment case?
- can’t be 100% confidential for victim, bc need proper investigation and need involve witnesses and the perpetrator(s)
- ^ as a result, much less people report bc there are negative consequences on the person who reports it
- for org, hostile env cases also implicate them as they have vicarious liability - their policies against it not enough to keep them free of responsibility.
What important things need to happen/be considered in a sexual harassment situation/investigation?
- BELIEVE THE VICTIM (do not discount anything, take it seriously, assure them there will be full investigation)
- unbiased investigation internally = interview all witnesses and perpetrator(s), get all perspectives
- need to be timely (3-4 weeks ish)
- –> problems can arise with witnesses not wanting to get involved (stressful, may have own negative implications, may have own trustworthiness questioned)
- sometimes end up with he said/she said situation = end up depending on credibility which doesn’t usually bring proper justice
What is legal positivism?
Philosophy of law that says things that are just ‘right/proper’ (due to social norms, etc.) are just as important to be followed as actual laws.
– need to go beyond just ‘legal’ actions and actually do what’s right.
What is the Canadian employment equity act? How does it affect HR?
A federal law to remove employment barriers and promote workplace equality and equity. Need create an environment that protects the 4 protected groups: women, visible minorities, aboriginal persons, and persons with disabilities.
Affects virtually every human resource function.
- Human resource plans must reflect the organization’s employment equity goals
- Recruitment must ensure that all types of applicants are sought without discriminating
- Performance appraisal must be free of biases that discriminate
