• Word-of-mouth hiring • Use of biased promotion criteria e.g. seniority • Org. culture in which minorities feels unwelcome • Limited accessibility to buildings Bona Fide Occupational Qualification (BFQD) Aka Bona Fide Occupational Requirement (BFOR) • Legitimate job-related requirement e.g. hiring male prison guard for male prison inmates • A justified business reason for discriminating against members of a protected class • Must be imposed honestly, in good faith and based on the belief (and evidence) that it is linked to job performance • Attempt to accommodate must be made Canadian Human Rights Commission (CHRC) - supervisees the implementation and adjudication of the Canadian Human Rights act Duty to Accommodate • The attempt to accommodate an employee (in terms of work, workplace) in a protected area (e. g. religious practices, disability) to the point of ͞uŶdue haƌdship͟. • reasonable accommodation - voluntary adjustments to work or workplace that allow employees with special needs to perform their job effectively Undue Hardship Factors affecting duty to accommodate: • Financial cost to organization - i.e. making a building wheelchair accessible can be quite expensive • Disruption of collective agreement • Lowered morale of other employees • Flexibility of workforce and facilities i.e. drug dependents as they are considered people with disability, for religion purposes as some people cannot work on certain days • Risk for workers and general public Harassment - part of Human Rights Legislation When one member of an organization subjects another member to one or more incidents that a ͞ reasonable person ought to have known would ďe uŶǁelĐoŵe͟ aŶd pertain to a protective classification in Human Rights Legislation • Verbal abuse or threats. • Unwelcome remarks, jokes, innuendo, or taunting aďout a peƌsoŶ’s ďodǇ, attiƌe, age, ŵaƌital status, ethnic or national origin, religion, and so on. • Displaying of pornographic, racist, or other offensive or derogatory pictures. • Practical jokes that cause awkwardness or embarrassment. • Unwelcome invitations or requests, whether indirect or explicit, or intimidation. • Leering or other gestures. • Condescension or paternalism that undermines self-respect. • Unnecessary physical contact such as touching, patting, pinching, punching. • Physical assault Sexual Harassment Three Characteristics 1. The encounters must be unsolicited by the complainant, unwelcome to the complainant, and expressly or implicitly known by the respondent to be unwelcome 2. The conduct must either continue despite the ĐoŵplaiŶaŶt’s pƌotests oƌ if the ĐoŶduĐt stops, the ĐoŵplaiŶaŶt’s pƌotests ŵust haǀe led to Ŷegatiǀe employment consequences, and 3. The ĐoŵplaiŶaŶt’s ĐoopeƌatioŶ ŵust ďe due to employment-related threats or promises.
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- Spring '14
- Human Resource Management, Organizational studies and human resource management, HARASSMENT