Chapter 3
Chapter 3 Equity, Diversity, and Inclusion: The Legal Environment
Learning Objectives of this chapter…
LO 1 reasons for and main aspects of equity-related legislation
LO 2 legal framework related to diversity, equity, and inclusion, including the Charter
and human rights legislation
LO 3 the need for and role of pay equity legislation
LO 4 the Employment Equity Act with respect to its origins, its purpose, and its
continued enforcement and the implementation of employment equity in many
Canadian organizations
LO 5 sexual harassment as an employment equity issue
LO 6 examples of diversity management and inclusionary policies
Employment equity refers to the employment of individuals in a fair and nonbiased manner.
● Four groups in Canada → women, visible minorities, Indigenous Peoples, and people
with disabilities tend to be concentrated in a few occupations that are accorded lower
status and pay.
● Employment equity is the proactive program to ensure that the organization’s
workforce is representative of the population.
● concerns all individuals regardless of their sex, religion, age, national origin, race, or
position in an organization.
● The legislation立法 governing employment equity and describe the organizational
response to this legislation.
The Legal Framework
● The Canadian Charter of Rights and Freedoms is the cornerstone of equity legislation:
○ fundamental freedoms - that comprise the standard rights of freedom of
speech, press, assembly, association, and religion
○ democratic rights - covering franchise rights
○ mobility rights - concerning the right to move freely from province to province
for the purposes of residence and/or employment
○ legal rights - conferring standard procedural rights in criminal proceedings
○ equality rights - guaranteeing no discrimination by law on the grounds of race,
ethnic origin, colour, religion, sex, age, sexual orientation, marital, status,
citizenship, Aboriginal residence, or mental and physical ability
○ language rights
● The Canadian Human Rights Act (CHRA) proclaims that every individual should have
an equal opportunity with other individuals
○ applies to all federal government departments and agencies, to Crown
corporations, and to other businesses and industries under federal jurisdiction,
such as banks, airlines, railway companies, and insurance and communications
companies
○ The prohibited grounds of discrimination in employment include, race, religion,
sex, age, national or ethnic origin, physical handicap, and marital status
○ Bona fide occupational qualification (BFOQ) is a justifiable reason for
discrimination based on business reasons of safety or effectiveness
● Pay Equity → equal pay for work of equal value
○ pay differences between male and female employees in the same establishment
who are performing work of equal value, is discriminatory
○ Pay equity helps address the discriminatory portion of the historical wage gap
between men and women and to ensure that salary ranges reflect the value of
the work performed
○ women in Canada earn approximately $0.74 for every $1 earned by men,
● Employment Equity → establishing policies and practices designed to ensure equitable
representation in the workforce and to redress past discriminations.
○ There are four designated groups in Canada (as recognized in the federal
Employment Equity Act) that have historically not received equitable treatment
in employment.
○ designated groups: women, visible minorities, Indigenous Peoples, and people
with disabilities
○ benefits: enhances an organization’s ability to attract and keep the
best-qualified employees,
○ improves the organization’s image in the community
● The Employer Equity Act 1995 → Employers and Crown corporations that have 100
employees or more and that are regulated under the Canada Labour Code must
implement employment equity and report on their results.
1. provide its employees with a questionnaire that allows them to indicate
whether they belong to one of the four designated groups;
2. identify jobs in which the percentage of members of designated groups falls
below their availability in the labour market;
3. communicate information on employment equity to its employees and consult
and collaborate with employee representatives;
4. identify possible barriers in existing employment systems that may be limiting
the employment opportunities of members of designated groups;
5. develop an employment equity plan aimed at promoting an equitable
workplace;
6. make all reasonable efforts to implement its plan;
7. monitor, review, and revise its plan from time to time; and
8. prepare an annual report on its employment equity data and activities.
○ Contractors bidding for federal government contracts valued at
$1,000,000+ and employing 100+ people must implement an
employment equity program under the Federal Contractors Program
(FCP).
○ The federal government provides consulting services to assist employers
in implementing employment equity.
○ Most provinces have similar employment equity legislation.
○ Scotiabank: Increased visible minorities in its workforce to 19%
● Implementation of Employment Equity in Organizations follows the precepts of any
change management program, include the following 6 main steps:
1. senior management commitment
- Top-down strategy: Commitment from the CEO or senior leaders is
essential
- Senior leaders should introduce a written policy that supports
employment equity, including diversity
- council.policy should be accompanied by clear communication on the
program’s purpose, rationale, and implications for employees.
- Communication Tools: Periodic information sessions, posters,
newsletters, videos, etc., should be used to spread awareness.
2. data collection and analysis
- Internal workforce profile assesses organization's position on
employment equity, includes
● stock data → current employment status
- show where members of designated groups are employed in the
organization, at what salaries and status, and in what
occupations on a particular date
● flow data → Data that provide a profile of the employment decisions
affecting designated groups
- (movement through applications, hiring, promotions, etc.).
- Data from personnel files is used for equity planning.
- Self-identification process to gather data on designated groups.
- Encourage participation through employment equity training and
recognizing managerial contributions.
- Self-identification challenges: employees with non-visible disabilities
or ethnic minorities may hesitate due to fear of discrimination.
- Workforce analysis: cross-reference occupations with National
Occupational Classification (NOC) to identify underutilization or
concentration of designated groups in specific roles.
● Underutilization → When designated groups are not represented in the
workforce in proportion to their numbers in the labor market.
● Concentration → When designated groups are overrepresented in a
particular occupation or level compared to their numbers in the labor
market.
3. employment systems review
- Employment systems include recruitment, hiring, training, promotions,
job classifications, discipline, and termination.
● Systemic discrimination → exclusion of members of certain groups
through the application of employment policies or practices based on
criteria that are not job related
- A Supreme Court ruling found a physical fitness test discriminated
against women, requiring the employer to reinstate a female firefighter.
- Recruitment methods based on current workforce networks may
unintentionally discriminate against other groups.
- A task force on visible minorities was created by the federal Treasury
Board to improve participation in the public service.
- Employment practices to review include: job classifications, recruitment,
training, performance evaluations, promotions, compensation, benefits,
terminations, and facilities.
- Criteria for identifying systemic barriers:
Job relevance.
Validity.
Consistency.
Adverse impact.
Business necessity.
Compliance with human rights and employment laws.
- Special measures are initiatives to accelerate the entry, development,
and promotion of designated groups, such as targeted recruitment and
training
- Reasonable accommodation involves adjusting policies to ensure no
employee is disadvantaged due to race, color, sex, or disability, as long
as it doesn’t cause undue hardship to the employer.
- Some workplaces still fail to provide adequate accommodation, with
court cases highlighting these issues.
4. establishment of a work plan
○ Workforce analysis and review of employment systems help develop a
workplan with realistic goals and timetables.
○ The work plan includes a narrative summary of conclusions from the
workforce analysis, noting any restrictions (e.g., collective agreements,
specialized skills) that affect hiring.
○ The work plan is a tool to achieve employment equity goals, detailing
actions to reach desired outcomes.
○ The plan must include:
- Numerical goals with time frames (e.g., 42% women).
- Explanations of actions to improve hiring, training, and
promotion for designated groups.
- Specific activities to achieve goals.
- Monitoring and evaluation procedures to assess progress.
○ Numerical goals should be realistic, based on workforce analysis, and
address underrepresentation or concentration in specific occupations.
○ Non-numerical goals include barrier-free design, targeted recruitment,
policy changes, and developmental training.
○ The overall goal is to achieve a representative workforce that reflects
the demographic composition of the external workforce.
○ A non-representative workforce signals the need for evaluation and
action to remove barriers to employment and advancement.
5. implementation → is unique to each organization and should be tailored to
meet its specific needs.
○ Success depends on: Senior management commitment, clear roles and
responsibilities, availability of resources, effective communications
strategy, acceptance of the plan's objectives, availability of training
○ The plan may need adjustments due to changes in the internal and
external environment, such as resource constraints or economic
conditions.
○ Strategies may be modified or eliminated if goals are not met or
circumstances change
6. a follow-up process that includes evaluation, monitoring, and revision.
○ monitor process evaluate the overall success of the equity initiatives
used to achieve a representative workforce
○ Annual progress reports provided to all employees communicate
initiatives and achievements.
○ Interim reports on special projects heighten program visibility and
acceptance
○ monitoring activity is an essential component in the planning cycle.
○ if there are negative results, alterations to the existing plan will have to
be made with new goals.
Sexual Harassment → Unwelcome advances, requests for sexual favours, and other verbal or
physical conduct of a sexual nature in the working environment
● Employer duty to prevent harassment comes from:
1. Human rights legislation (e.g., sex, race, religion).
2. Common law obligation to treat workers with respect, addressing harassment
that makes the workplace intolerable.
● Systemic harassment can include sexual, racial, or religious harassment, and employers
must take action to stop it.
● Sexual harassment includes unwelcome sexual advances, requests for favors, and other
verbal or physical conduct in the workplace.
● Study findings: Many women experiencing sexual harassment do not take formal
action, believing their complaints won't be taken seriously.
Case examples:A female employee at Sears was killed by her manager after
reporting harassment, which was dismissed as persistent pursuing.
- Cherry Smiley alleged harassment by a former premier and claimed forced
silence via a non-disclosure agreement.
- RCMP sexual harassment cases involved over 2,400 women filing complaints
related to harassment and gender-based discrimination.
● Ontario's Bill 132 (2015): Expands workplace harassment definition to include sexual
harassment.
- Employers must implement a harassment policy and ensure worker awareness
and training.
● Ontario Human Rights Code identifies three types of sexual harassment:
1. Unwelcome sexual remarks or actions.
2. Requests or suggestions for sex in exchange for something (e.g., promotion).
3. Punishment or threats for refusing a sexual request (e.g., firing).
● Effective sexual harassment policies require confidentiality, a clear complaint process,
and organizational commitment to zero tolerance.
Diversity management is voluntary; employment equity is not. The optimization of an
organization’s multicultural workforce to reach business objectives
● Diversity management goes beyond employment equity, addressing a broader range
of factors like religion, personality, lifestyle, and education.
● Diversity management is voluntary, whereas employment equity is mandatory.
● Inclusion involves creating a workplace where employees feel valued, respected, and
encouraged to participate. A diverse workforce doesn't always mean an inclusive one
Strategies to advance inclusion:
1. Educate leaders on the importance of inclusion.
2. Create an inclusion council to focus on hiring, retention, and development.
3. Celebrate employee differences (e.g., prayer rooms, cultural potlucks).
4. Listen to employees via surveys or focus groups.
5. Hold effective meetings, ensuring inclusion for all, including teleworkers.
6. Set clear inclusion goals and monitor progress.
Chapter 4
Chapter 3 Job Analysis and Work Design
(30% of midterm on job analysis)
Learning Objectives of this chapter…
Lo 1 How job analysis help organization’s HRM functions
Lo 2 The information for a job analysis is collected and incorporated into various sections
of a job’s description
Lo 3 factors considered in designing a job, including motivation factors
Lo 4 different group techniques and types of work schedules used to broaden a firm’s
job functions and maximize employee contributions
Job → a group of related activities and duties
Position → consists of different duties and responsibilities performed by only ONE employee
- can have ten of the same job but position can just be one person
Job Family → a group of individual jobs with similar characteristics, for the purpose of
recruitment, training, compensation, and advancement opportunities
Recruitment:
Job specification - a statement of needed knowledge, skills, and abilities of the person who
is to perform the job
- human attributes behind the job that are needed, critical for recruitment, selection
- ‘must be able to’
Job description - a statement of the tasks, duties, and responsibilities of a job to be
performed
- ‘This job involves’
- must to be reviewed annually
job analysis- the process of obtaining information about jobs by determining the duties,
tasks, or activities of jobs
Chatper 1
HRM → The process of managing human talent to achieve an organization’s objectives
Human Capital → The knowledge, skills, & capabilities of individuals that have economic
value to an organization
- intangible and cannot be managed the way organizations manage jobs, products,
and technologies.
Capital
• is based on company-specific skills.
• is gained through long-term experience.
• can be expanded through development.
Great business plans, products and services can easily be copied by your competitors but
great personnel cannot.
Chapter 2
Chapter 5
Chp
