HR Adminstration

  1. Prohibited
    Grounds of Discrimination




    Marital status


    Sexual orientation


    Family status


    Political belief


    Pardoned conviction
  2. Relevant
    Federal - 10 %

    Provincial - 90%
  3. what are some of the implications for employers that prohibited grounds for discrimination brings (9)
    Cannot discriminate

    Must accommodate to “the point of undue hardship”

    Jurisdiction matters

    Interpretation matters

    Being on probation doesn’t matter

    Employee perception matters

    Complaints must be made on a prohibited ground

    Complaint-based system

    Covers all employment matters, not just recruiting
  4. Intentional/Direct Discrimination
    Unequal treatment, based on a ground in the Human Rights Code, that takes place on the job.
  5. Systemic/Indirect Discrimination
    Any company policy, practice or action that is not intentionally discriminatory but has a discriminatory impact or effect nonetheless.
  6. Bona Fide Occupational Requirement (BFOR)
    what is it? and what are the 3 requirements
    • A justified business reason for discriminating against an employee on a prohibited ground.  Assess the appropriateness of company rules
    • by considering three criteria:

    • 1.Is the standard rationally connected to
    • the performance of the job?

    2.Was the standard established in an honest, good faith belief that it was necessary?

    3.Is the standard reasonably necessary to accomplish its purpose?  i.e., it must be impossible to accommodate individual employees without imposing undue hardship on the employer.
  7. The Duty to Accommodate
    • Requires an effort, short of undue
    • hardship, to accommodate the needs of persons who are protected under the Code.

    The employer must present evidence showing that the cost of accommodation or health and safety risks would create undue hardship.
  8. Reasonable Accommodation
    Voluntary adjustments to work or workplace that allow employees with special needs to perform their jobs effectively.
  9. Employee responsibilities
    Once hired, it is the employee’s responsibility to provide the employer with information about any requirements and to ask for special needs to be met.

    Must work with employer to resolve the matter.
  10. Determining Harassment
    • A reasonable person ought to have
    • known that such behaviour was unwelcome
  11. sexual harassment
    1.Was the conduct sexual in nature?

    2.Was the conduct unwelcome?

    3.Did the conduct detrimentally affect the work environment or lead to adverse job-related consequences?
  12. Poisoned work environment



    Ongoing insults, degrading comments, or actions

    Exposure to negative treatment
  13. Managing Harassment
    Develop a policy

    Put the company policy in writing

    Make the policy a term of employment

    Educate your employees

    In orientation

    In workshops

    Monitor the workplace

    Consider a hotline
  14. Rethinking your sexual harassment policy
    Try to solve the problem rather than laying blame or determining guilt.

    Focus on avoidance and resolution rather than punishment.

    Recognize the negative consequences of the investigation itself.

    Develop workplace programs that are respectful.

    Recognize the complexity.

    Introduce a process that encourages people to come forward before concerns/problems escalate.
  15. Remedies for violations

    Order to stop discriminatory practice

    Restore rights, opportunities, privileges denied to the victim


    • Compensation
    •         Lost wages
    •         Hurt feelings

  16. Public Interest Remedies
    • To ensure discrimination will not
    • reoccur:

    Write a policy

    Hire a consultant

    Train employees and managers

  17. Employer Retaliation
    It is against the law for the employer (and supervisor) to try to get even with an employee who filed charges or a complaint under the Human Rights Act
Card Set
HR Adminstration
for midterm