Discrimination

HR Day 4

Direct Discrimination- on grounds specified in the human rights legislation is illegal Indirect discrimination- is also illegal - Company policy, practice, or action that is not openly or intentionally discriminatory but has an indirect discriminatory impact or effect - E.g. police officer application requires you to be 5 11, is that really necessary? Disney with woman being fired for consistently wearing her head scarf (Hijab) . Argument 1: - Since they are a privately owned corporation only worried about maximizing profit, they have the right to protect their image. - As long as the rule of dress code and appearance is equally enforced to all religions, then it is fair. Meiron Test of a Bone Fide Occupational Requirement: Case Summary - A firefighter who successfully completed her job for 3 years out west, and then the managers decided to implement fitness standards. Firefighters had to be able to run 2.5 km in 11 minutes. She passed every fitness test except for the running challenge. She was fired, and the employer never tried to accommodate her and filed a lawsuit against them, claiming that it was not a true requirement of the job. o There were 4 questions that they asked as they researched whether this could be considered an occupational requirement. 1) Is there discrimination on a prohibited ground? Her argument was that this discriminated against women, since men have a higher aerobic capacity. 2) Was the standard, policy or practice adopted for a purpose rationally connected to the job? 3) Was the standard, policy or practice adopted in honest good faith belief it was necessary to fulfill legitimate work related purpose? 4) Is the standard, policy or practice reasonably necessary to fulfill that legitimate work related purpose? a. They said no, being able to run that distance is not necessary.being able to lift things certainly is. ***If the answer is no to ANY ONE of questions 2,3 or 4, the discrimination is illegal****

****If the answer is yes to ALL of the question, then discrimination is legal (and discriminatory factor is a bone fide occupational requirement*** BFOR (or BFOQ) - A reasonably necessary qualification or requirement imposed in a sincere belief it is related to job performance. - Justified business reason for discriminating against members in a protected class - Business necessity is a practice that includes the safe and efficient operation of an organization.

Duty to Accommodate
Not waiving requirements for some people. Consideration & establishment of alternative requirements before committing to the rule or standard.

- Relating back to Meiorin: o Standard for men: 11:00 (Higher aerobic capacity) o Standard for women: 12:45 (Lower aerobic capacity) Principle of accommodation is based on 3 Factors - Individualization everybody is unique, and some people may need more accommodations than another - Dignity - Inclusionemployee is still included in the workforce in the same way as everybody else. **SSC has ruled duty to accommodate ends when there is no reasonable chance employee could fulfill basic obligations of work. ***

Undue Hardship
Relevant factors in discussion of undue hardship 1. Cost this relates to how large the company is as well, could it seriously affect the companys finances to accommodate this person? 2. Outside sources of funding 3. Health and safety requirements e.g. accommodating someone who is going blind and is a driver for fed- ex Example: alternative headwear Common Law Contract Law - establish employer and employee relationship - employees are entitled to a certain amount of notice, and a certain amount of severance pay if they are dismissed

Tort Law - Wrongs against each other - E.g. providing a negative and slanderous reference for someone - Negligent tort, by carelessly misleading employees about promotions, long term viability of the job etc.

Class 5

Constitution (Supreme
Law of Canada; includes Charter of Rights & Freedoms)

(legislation made by government)

Statutory Law

Common Law
(judge-made law)

Judicial Framework Court System Administrative System: o Tribunals make decisions in specialized areas governend by statuses; quasi-judicial o Agencies investigate complaints, make rulings, issue orders System is complaint Driven Example: Gas station attendant murdered o Attendant Jayesh Prajapati died after being hit by car in gas and dash incident Saturday, September 15th Reason for this happening is because the franchise required that if gas is stolen that the employee on duty paid for it. Employment standards act, 2000: section 13 (5) o Sates that if there is lost property, or property stolen if there is another person who has access to the cash or property as well.

Module 2- HR Functions
Job analysis: Where you get your information How your going to illicit your information Job Analysis Information Job Performance standards o E.g. you need to sell this many .. Job Description Job Specifications Job Design Job Description: A recognized list of functions, tasks, accountabilities, working conditions, and competencies for a particular occupation or job Job title Summary of job Job duties Job specifications Date Also: relationships, working conditions, Authority, accountability Job Specification: A written statement that explains what a job demands of jobholders and the human skills and factors required What sort of training do you need before coming to the job KSAOs Competency-based approach Essential Requirements (BFOR) o Is a requirement set out by the employer absolutely necessary to the job?

Job Design Job design is an outgrowth of job analysis that improves jobs through technologies and human consideration in order to enhance organizational efficiency and employee job satisfaction

Performing a Job Analysis: Select jobs to study Determing information to collect Identify sources of data Methods of data collection Evaluate and verify data collection Write job analysis report Approaches to Job Analysis: ****not important- dont memorize!*** just so we know there are more methods Functional Job Analysis Position Analysis Questionnaire Critical Incident Method HRIS and Job Analysis

Application Interview Conditional Offer Application Very limited question set most companies just use Resumes nowadays Interviews Be aware of prohibited grounds Base questions on KSAOs (Knowledge, Skills, Abilities, Other Characteristics (customer service skills, friendliness)) required for the job. o Asking only relevant questions that dont get too personal Use standard set of questions and ask all of them to every interviewee o Even if you realize the candidate isnt quite made for the job, its important to continue the interview and ask all questions so it doesnt seem like you made a snap judgment Use interview teams o So you have good records, and notes o Get a few different perspectives this avoids biases Take thorough and appropriate notes o Dont write down weird things on the notes because the organization often asks to keep the notes Candidate Essential Desirable

Class 6

Candidate A

Yes

Yes

No

No

No

Yes

Yes

Candidate B

Yes

Yes

No

No

Yes

Yes

Yes

Candidate C

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Candidate D

Yes

Yes

No

No

No

No

No

Pre- Employment Tests Job Skills o What youre actually doing on the job Driving boats, using particular machinery Personality Integrity o What would you do in this scenario? Its hard not to hire someone because you dont think they have enough integrity Medical/ Fitness o Must make sure fitness tests are applicable and required for the job Drug/ Alcohol o A drug addiction is a disability and therefore they cannot hold it against you or discriminate against you because of it. The employer must accommodate to the point of undue hardship The employee would often send the employee to get help and then reintroduce them to the office under new conditions. Misrepresentation by Employee | Resume Doctoring: Case Grounds for dismissal if: o Goes to the root of qualification o Inherent lack of honesty relevant to job o If minor misrepresentation (exaggeration), reasonable notice required Two things that their decision hinges on: Employer decides whether or not they want to keep you Take into account if youve done good work What public relations effects this termination could have Video Case- Doctor Recruitment Misrepresentation Negligent Misrepresentation in hiring o Convincing someone to come to your corporation based of false or exaggerated statements and promises. Inducement o Inducement is enticement or luring with a false promise Queen versus Cognos, 1993 SCC developed a 5 part test to determine negligent misrepresentation in hiring: 1. Duty of care based on special relationship between representor and representee 2. Representation must be untrue, inaccurate or misleading 3. Representor must have acted negligently

4. Representee must have relied, in a reasonable manner, on said negligent misrepresentation 5. Reliance must have been detrimental to representee in sense that damages resulted Training and Development Orientation Formal process of familiarizing new employees with the organization, their jobs, and their work units AND embedding organizational

Capability
Enhance capability and intentionality Knowledge, skills, attitudes

Transfer
Enhanced capability improves job performance New behaviours, new tasks, improved performance

Business Results
Enhances performance improves business results Improvement in business/org outcomes

Return on Investment
Net benefits from business improvements exceed training costs, resulting in positive ROI

Phase 1: Need Assesment Organization Analysis An examination of the environment, strategies, and resources of the organization to determine where training emphasis should be placed. Task Analysis The process of determining what the content of a training program should be on the basis of a study of the tasks and duties involved in the job. Person Analysis A determination of the specific individuals who need training. Phase 2: Designing the Training Program 1. Intructional Objectives 2. Trainee readiness and motivation 3. Principles of learning a. Goal setting, individual preferences, ractice and repetition, whole vs. part learning, modeling.. Phase 3: Implementing the Trainee Program Choosing instructional method o On job o Classroom o E-learning o Simulation o Role playing o Behavioural modeling Phase 4: Evaluating the Training Program 1. Trainee reactions 2. Extent of Learning 3. Behaviour 4. Results Measuring Impact on ROI Challenges in measuring Impact o Evaluation expertise o Time required o Gathering appropriate Data o Low response rates o Evaluator bias o Isolating training impact

Career Development- Balancing Needs

Mentoring Mentor an experienced or more senior person in the organization who gives a junior person special attention, such as giving advice and creating opportunities to assist him or her during the early staged of his or her career. ***Nowadays mentors often actually advocate for their mentee*** Class 6 Performance Management Systems Performance Appraisal: Quite narrowly is a formal process in an organization whereby each employee is evaluated to determine how he or she is performing Performance Management: Is the process to plan, measure, review, monitor, document and discuss performance to further the success of the organization and the individual. Why is performance management important to employees? So you have a justification for any action you might take towards them. (e.g. firing an employee) Managers can see if things need to be improved o Identify systemic problems Compensation Developmental and career opportunities Feedback on performance (recognize, reward, clarify, improve)

Why is performance management important to the organization? Administrative decisions (promo, transfer, layoff) Clarifies/measures performance Compensation Developmental purposes Legal Compliance o Proper documentation Performance Management Process PlanningExecution Assessment Review Renewal Factors that influence performance

Strategic approach to establishing performance standards: Corporate Goals Departmental Goals and Objectives Individual Performance Objectives Establishing Individual Performance Metrics 1. Traits: Characteristics that achieve results 2. Behaviours: how the job needs to get done 3. Task outcomes: What gets produced/ done 4. Objectives: What gets achieved Standards for quality of performance metric 6 standards for choosing quality performance metrics 1. Relevance a. Relevant to job performance 2. Accountability a. Is the thing were trying to measure actually within the control of the employee.

3. Accuracy a. Can it actually be measured? On a scale? E.g. measuring communication skills 4. Fairness a. Fair across all employees. No Bias b. Not fair to measure peoples performance based on things that arent required for the job 5. Usefulness 6. Practicality