any company policy practice or action that is not openly or intentionally

Any company policy practice or action that is not

This preview shows page 48 - 51 out of 208 pages.

– any company policy, practice, or action that is not openly or intentionally discriminatory, but has an indirect discriminatory impact or effect - employment practices may appear to be neutral and implemented partially, but they exclude specific groups of people for reasons that are not job-related or required for safe or efficient business operations 48 | P a g e
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Indirect or systematic discrimination is more difficult to detect and to fight - often hidden and requires a special effort to deal with effectively Canadian Human Rights Commission (CHRC) – supervises the implementation and adjudication of the Canadian Human Rights Act Race and Color Sometimes difficult to see which of these 2 characteristics is the actual basis of discrimination - often both are involved A survey found that almost 75% of the 235 participants agreed that First Nations people are underutilized in the workforce National or Ethnic Origins Discrimination on the basis of national or ethnic origins may be indirect Subconscious or implicit discrimination may help explain why applicants with non- Anglophone names were less likely to receive a callback Religion A person’s religious beliefs and practices should not affect employment decisions Duty to Accommodate – requirement that an employer must accommodate the employee to the point of “undue hardship” If an employer does not make a reasonable attempt to accommodate workers’ religious practices, he or she can be found guilty of violating the Human Rights Act Relevant considerations for “undue hardship” includes: - financial cost, health and safety, disruption of a collective agreement, interference with other workers’ rights, the size of the operation, problems of morale of other employees, and interchangeability of workforce and facilities Age Many employers consider that establishing a minimum or maximum age for certain jobs is justified - rarely evidence that age is an accurate indication of one’s ability to perform a given type of work In recent years, we have seen the abolishment of mandatory retirement in jurisdictions across the country - older workers may still be the victims of indirect or subtle discrimination The law may make an exception for certain occupations when it comes to retirement age Putting pressure on an older work to retire or trying to “push an older worker out the door” could lead to a human rights complaint 49 | P a g e
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Sex Prevents discrimination on the basis of an individual’s sex or gender An employer may not discriminate against a pregnant employee who refuses to work b/c of a risk to the person’s health and safety - Dionne v. Commission scolaire des Patriots Not only is it illegal to recruit, hire, and promote employees b/c of their sex, it is unlawful to have separate policies for men and women - discriminatory to reserve some jobs for men only or women only - illegal to apply similar standards to men and women when such standards arbitrarily
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