CHapter 3 HRM

Define Employment Equity.

The employment of individuals in a fair and nonbiased manner.

Why is employment equity important for managers and HR professionals?

They must manage employees in ways that comply with and respect Canadian laws and regulations.

What are the main pieces of legislation governing employment equity in Canada?

The Canadian Charter of Rights and Freedoms, Canadian Human Rights Act, pay equity legislation, and employment equity legislation.

What is a constitutional right?

A right protected by the Constitution, such as rights under the Canadian Charter of Rights and Freedoms.

What is a statutory right?

A right created by regular laws passed by Parliament or provincial legislatures, such as labour codes and employment standards acts.

What is the key difference between constitutional and statutory rights?

Constitutional rights are protected by the Constitution and are difficult to change, while statutory rights are created by ordinary legislation and can be modified through new laws.

What is the Canadian Charter of Rights and Freedoms?

Part of the Constitution Act, 1982, that guarantees fundamental rights and freedoms.

What types of rights does the Charter protect?

Fundamental freedoms, democratic rights, mobility rights, legal rights, equality rights, and language rights.

When does the Charter generally apply in employment?

When the employer is the government or the employment decision constitutes government action.

True or False: Only government employees have Charter rights.

False. Everyone has Charter protections against government action, but the Charter generally does not directly govern ordinary private employment decisions.

What determines whether a workplace falls under federal or provincial employment jurisdiction?

The employer's industry or governmental status, not simply its location or whether it is privately owned.

Name four examples of federally regulated industries.

Banking, telecommunications, interprovincial or international transportation, and postal services.

What does Ontario's Employment Standards Act cover?

Minimum employment standards such as working hours, leaves, benefit plans, and protection against reprisals for exercising ESA rights.

An employee works at RBC in Ottawa. Is their employment federally or provincially regulated?

Federally regulated because banking is a federal industry, regardless of the branch's location.

An employee works at a local Ontario restaurant. Which employment standards legislation generally applies?

Ontario's Employment Standards Act because ordinary restaurant employment is generally provincially regulated.

What is the Canadian Human Rights Act (CHRA)?

Federal legislation that protects individuals against discrimination in federally regulated workplaces and activities.

List examples of prohibited grounds of discrimination under the CHRA.

Race, religion, sex, age, national or ethnic origin, disability, marital status, and sexual orientation.

Define Bona Fide Occupational Qualification (BFOQ).

A justifiable reason for discrimination based on business reasons of safety or effectiveness.

What is the difference between BFOR and BFOQ?

They are used interchangeably in the professor's lecture to describe a genuinely necessary and legally justifiable occupational requirement.

What is the duty to accommodate?

An employer's obligation to adjust workplace conditions or practices to accommodate needs related to protected grounds, up to undue hardship.

Define undue hardship.

The legal limit of accommodation.

Give three examples of workplace accommodation.

Adjusting work schedules for religious observance,

modifying duties for a disability,

providing accessible workplace arrangements.

Can an employer refuse accommodation simply because it is inconvenient?

No. Accommodation is required up to the point of undue hardship.

What is the relationship between BFOR and accommodation?

A discriminatory job requirement can be justified as a BFOR only when the employer meets the legal test, including showing accommodation without undue hardship is not possible.

Who was Tawney Meiorin?

A British Columbia forest firefighter dismissed after failing a physical fitness test requiring a 2.5 km run in 11 minutes.

Why was the Meiorin case important?

It established a three-part test for determining whether a workplace standard is justified as a bona fide occupational requirement.

What are the three criteria of the Meiorin Test?

Rational connection, good faith, and reasonable necessity.

Define rational connection in the Meiorin Test.

Was the rule adopted for a purpose rationally connected to the performance of the job?

Define good faith in the Meiorin Test.

Did the employer honestly believe the rule was necessary to fulfill a legitimate work-related purpose?

Define reasonable necessity in the Meiorin Test.

Is the rule reasonably necessary to accomplish the legitimate work-related purpose, including whether accommodation without undue hardship is possible?

A firefighter must pass a physical test related to emergency duties. Which Meiorin criterion examines whether the test relates to job performance?

Rational connection.

An employer honestly believes a fitness standard is needed for safety. Which Meiorin criterion is being examined?

Good faith.

An employer cannot demonstrate why an exact running time is necessary or why a less discriminatory standard would not work. Which Meiorin criterion is most relevant?

Reasonable necessity.

What organization handles federal human rights complaints?

The Canadian Human Rights Commission (CHRC).

What is the role of the Canadian Human Rights Tribunal?

To adjudicate referred federal human rights complaints and order remedies when discrimination is established.

What did the Chris Hughes example illustrate?

A former Transport Canada employee alleged discrimination involving age and mental health.

Where would an employee of an ordinary provincially regulated Ontario business generally bring a human rights discrimination application?

The Human Rights Tribunal of Ontario under the Ontario Human Rights Code.

What is the purpose of pay equity legislation?

To address discriminatory portions of the historical wage gap between women and men and ensure compensation reflects the value of work performed.

How does the professor define pay equality?

Equal pay for work of equal value.

What is the focus of pay equity legislation according to the professor?

Equal pay for work of comparable worth or comparable value.

What is the difference between equal pay for equal work and pay equity?

Equal pay for equal work compares the same or substantially similar jobs, while pay equity can compare different jobs of comparable value.

What does equity mean?

Fairness and impartiality.

What is the difference between equality and equity?

Equality provides the same treatment or resources, while equity accounts for different needs and barriers to achieve fairness.

What workforce trends increase the importance of employment equity?

Changing immigration patterns, increased labour force participation by women, and an aging population with a higher incidence of disabilities.

Name the four designated groups under the Employment Equity Act.

Women, Indigenous peoples, persons with disabilities, and members of visible minorities.

What employment barriers affecting women are identified in the lecture?

Underrepresentation in management, boards, trades and sciences, along with earnings that lag behind men's.

What employment barriers may Indigenous peoples face?

Barriers involving educational achievement, job experience, language, and cultural differences.

Name four strategies employers can use to support Indigenous employees.

Cultural awareness training, recognition of traditional and community obligations, professional development, and mentorship or coaching.

What employment barriers affect persons with disabilities?

Attitudinal barriers, physical demands unrelated to job requirements, and inadequate technical or human support.

An office job requires employees to lift heavy objects even though lifting is unrelated to the work. What employment equity issue does this illustrate?

An unnecessary physical requirement that may disadvantage persons with disabilities.

What systemic barriers affecting visible minorities are identified in the lecture?

Culturally biased aptitude tests, lack of recognition of foreign credentials, and excessively high language requirements.

Define Employee Resource Groups (ERGs).

Voluntary, employee-led groups to promote inclusion.

What are the five dimensions of Employee Resource Groups?

External engagement, allyship, leadership connection, employee community building, and career advancement.

What is pay transparency?

Making compensation information more visible so employees and applicants can negotiate and advocate for themselves.

What Ontario pay transparency change beginning in January 2026 does the professor highlight?

Compensation or salary ranges must be included in covered publicly advertised job postings.

What are the benefits of employment equity for organizations?

A broader pool of qualified candidates, improved attraction and retention, enhanced morale, improved community image, and potential bottom-line benefits.

A company removes unnecessary hiring barriers and gains access to more qualified applicants. Which benefit of employment equity is illustrated?

Broadening the base of qualified individuals for employment, training, and promotions.

What does the Employment Equity Act (1995) require of covered employers?

Implementation of employment equity measures and reporting on employment equity results.

According to the professor, which federally regulated employers are covered by the Employment Equity Act?

Employers and Crown corporations with 100 or more employees regulated under the Canada Labour Code; the Act also covers parts of the federal public sector.

What are the six steps in implementing employment equity?

1. Senior management commitment; 2. Data collection and analysis; 3. Employment systems review; 4. Establishment of a workplan; 5. Implementation; 6. Evaluation, monitoring, and revision.

What happens during Step 1 of employment equity implementation?

Senior management demonstrates commitment and assigns accountable senior staff.

What happens during Step 2 of employment equity implementation?

The organization collects and analyzes workforce data to compare its internal workforce with the external labour market.

Define stock data.

Data showing the status of designated groups in occupational categories and compensation levels.

Define flow data.

Data that provide a profile of employment decisions affecting designated groups, such as hires, promotions, and terminations.

What is the difference between stock data and flow data?

Stock data show the current workforce composition, while flow data show employment decisions and movements affecting that composition.

A company reports how many women currently hold management positions. Is this stock or flow data?

Stock data.

A company reports how many Indigenous employees were hired, promoted, or terminated this year. Is this stock or flow data?

Flow data.

How should employees identify themselves as members of designated groups for workforce analysis?

Through voluntary self-identification.

Define underutilization.

Designated groups that are not represented in an employer's workforce proportional to their numbers in the labour market.

Define concentration.

Designated groups whose numbers in a particular occupation or level are high relative to their numbers in the labour market.

What is the difference between underutilization and concentration?

Underutilization means insufficient representation relative to the labour market; concentration means comparatively high representation within a particular occupation or level.

What happens during Step 3: Employment Systems Review?

The employer examines personnel practices such as recruitment, hiring, training, promotion, job classification, discipline, and termination.

Define systemic discrimination.

The exclusion of members of certain groups through employment policies or practices based on criteria that are not job related.

An employer advertises for young applicants even though age is unrelated to job performance. What concept does this illustrate?

Systemic discrimination through a non-job-related employment criterion.

What happens during Steps 4, 5, and 6 of employment equity implementation?

Step 4 establishes a workplan based on workforce analysis; Step 5 implements organization-specific strategies; Step 6 evaluates, monitors, and revises the program.

Define sexual harassment.

Unwelcome advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature in the working environment.

What are the two main sources of an employer's duty to prevent workplace harassment according to the lecture?

Human rights legislation concerning protected grounds and the legal obligation to treat workers with decency and respect.

What must an employer do when workplace harassment is reported?

The employer has a duty to investigate the report.

True or False: Sexual harassment only occurs between men and women.

False. Sexual harassment can occur between people of any gender.

Define diversity management.

The optimization of an organization's multicultural workforce in order to reach business objectives.

What is the difference between diversity and inclusion?

Diversity concerns differences within the workforce; inclusion means employees feel belonging, valued, respected, and encouraged to participate.

Does a diverse workforce automatically mean an inclusive workforce?

No. An organization can have a diverse workforce without employees feeling included.

How should organizations introduce diversity and inclusion initiatives according to the professor?

Gradually and systematically, with realistic expectations and an understanding of the time, effort, commitment, and risks involved.