MGHA 12周课 2
UTSC 导师：拿拿1
MGHA12
Human Resource Managing
周课 2-Chapter 3
Employee Equity .................................................................................错误！未定义书签。
Management Diversity .........................................................................错误！未定义书签。
Human Right Legislation .....................................................................错误！未定义书签。
Harassment ........................................................................................错误！未定义书签。
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MGHA 12周课 2
UTSC 导师：拿拿2
CHAPTER 3 EQUITY AND DEVERSITY IN HRM
 Employement Equity :以公平和公正的方式雇用个人
- 定义：The employment of individuals in a fair and nonbiased manner
 Designated groups：Women, members of visible minorities, Aboriginal people, and
persons with disabilities who have been disadvantaged in employment
THE EMPLOYMENT EQUITY ACT (1995)
 法律要求：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
 非法律要求但不做就不能竞标 - Federal Contractors Program：contractors who bid
for goods and services contracts with the federal government valued at $1,000,000
or more required to implement an employment equity program
ADMINISTRATION AND ENFORCEMENT OF THE EMPLOYMENT EQUITY ACT
 Employment and Social Development Canada (formerly Human Resources
Development Canada) is responsible for administering
加拿大就业和社会发展部（原加拿大人力资源发展部）负责管理
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MGHA 12周课 2
UTSC 导师：拿拿3
THE IMPLEMENTATION OF EMPLOYMENT EQUITY IN ORGANIZATION
 Step 1: Senior Management Commitment
- Top-down strategy.
- Communicate the employment equity
- Assignment of Accountable Senior Staff
 Step 2 : Data Collection and Analysis
 Stock data：Data showing the status of designated groups in occupational
categories and compensation levels
 Flow data：Data that provide a profile of the employment decisions affecting
Designated groups
 Underutilization未充分利用：designated groups低于市场人数比
 Concentration：Designated groups高于市场人数比
 Step 3 : Employment Systems Review
 Systemic discrimination？
 Reasonable accommodation？
Step 4 : Establishment of a Workplan根据数据和系统审查结果安排未来计划
Step 5: Implementation
Step 6: Evaluation, Monitoring, and Revision
 Benefit of employment equity
 contributes to the bottom line
 avoid costly human rights complaints.
 attract and keep the best-qualified employees
 enhances employee morale
 Retention strategy (为了保留足够多的 designated groups用的手段)
10 STRATEGIES TO RETAIN WOMEN
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MGHA 12周课 2
UTSC 导师：拿拿4
1. Equal pay. Let women know that they are receiving equal pay for work of equal value.
2. Flex schedules. Accommodate women with childcare and eldercare responsibilities by
offering them four 10-hour days, half-days, or flexible arrival times.
3. Forty-hour workweeks. Many professionals are unwilling to put in 80-hour weeks.
4. Part-time and job sharing. Solution for new mothers.
5. Mentoring. Pair a promising woman professional with a senior manager to help her develop
a career strategy.
6. Focus on the family. Allow women to get the work done but on a schedule that
accommodates their family responsibilities.
7. Offering opportunities. All employees will stay in jobs if they are learning.
8. Creating networks and networking opportunities. Enable women to better achieve goals.
9. Integration. Integrating women into the organization makes them feel more included
10. Offering paid leave for men and women. Reducing the stereotype helps bridge the
gender inequality when men are allowed to take long leaves similar to women.
MANAGING DIVERSITY
 定义：The optimization of an organization's multicultural workforce to reach
business objectives
o goes beyond Canadian employment equity legislation's four designated groups
o voluntary（employment equity is not）
o include：religion, personality, lifestyle, and education
 Managing Diversity
o Include diversity as part of strategic objectives
o Communicate plan
o Provide Training
o Ensure accountability确保问责
o Measure
 Business Reasons for Diversity Management
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MGHA 12周课 2
UTSC 导师：拿拿5
o Better utilization of talent
o Increased marketplace understanding
o Enhanced creativity
o Increased quality of team problem solving
o Greater understanding in leadership positions
THE LEGAL FRAMEWORK
THE CHARTER OF RIGHTS AND FREEDOMS
 The chater gurantees some fundamental rights to every Canadian, including:
- Fundamental freedoms基本自由
 freedom of conscience and religion
 freedom of thought, belief, opinion, and expression, including freedom of the
press and other communication media
 freedom of peaceful assembly
 freedom of association
- Fundamental freedoms基本自由
 Democratic rights民主权利
 Mobility rights流动权
 Legal rights法定权利
 Equality rights平等权利
 Language rights语言权利
 Apply to the action of all levels of government (federal, provincial, territorial)
 cornerstone of human rights in Canada.
 所有法律/管理规定都不能违反 Charter
 The Charter takes precedence over all others law except：
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MGHA 12周课 2
UTSC 导师：拿拿6
 Justifies as reasonable limits
 Not notwithstanding provision
HUMAN RIGHTS LEGISLATION
 Section 8 : “It is a discriminatory practice, directly or indirectly,
(a) to refuse to employ or continue to employ any individual, or
(b) in the course of employment, to differentiate adversely in relation to an
employee, on a prohibited ground of discrimination”
 Section 2: “Every individual should have an equal opportunity with other individuals
to make for himself or herself the life that he or she is able and wishes to have,
consistent with his or her duties and obligations as a member of society.”
 Prohibited Grounds of Discrimination in Employment by Jurisdiction
 race/colour
 national or ethnic origin
 religion
 sex (including pregnancy and childbirth)
 marital status/family status
 age (18+)
 mental or physical disability
 pardoned conviction
 sexual orientation
 dependence on alcohol/drugs (except Yukon & NW Territories)
DISCRIMINATION DEFINED
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MGHA 12周课 2
UTSC 导师：拿拿7
定义：When someone is accused of discrimination, it generally means that he or she is
perceived to be acting in an unfair or prejudiced manner within the context of prohibited
grounds for discrimination
 Intentional Discrimination直接歧视，直接发生歧视
Intentional impact on protected groups
 Unintentional Discrimination (constructive or systemic discrimination)
Unintentional negative impact on protected groups- test is “in good faith”
与公司相关制度/政策有关系关键词：Policy
ADVERSE IMPACT
 Adverse impact exists: if the number of people hired divided by number of
applicants, for any group, is less than 80% of the selection ratio for another group
举个栗子：拿拿的炸鸡店多伦多分店开业了，现在统计有 165个女生递交申请，但只录
取了其中的 5个人，而对应的有 150个男生递交申请，却录取了其中的 50个人，请问这
算 Adverse Impact吗？
Females-Selection Ration：
Males-Selection Ration：
PERMISSIBLE DISCRIMINATION
 Bona fide occupational requirement（BFOR）善意职业要求
 Justifiable reason for discrimination based on business necessity or a
requirement that can be clearly defended as intrinsically required by the tasks
on the job.
 Disparate Treatment差别待遇：A situation that exists when protected-class
members are treated differently from others.
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MGHA 12周课 2
UTSC 导师：拿拿8
REASONABLE ACCOMMODATION 合理容纳
 An important feature of human rights legislation
 Accommodation may involve scheduling adjustments to accommodate religious
beliefs or workstation redesign to enable an individual with a physical disability to
perform a particular task.雇主要在合理范围之内优化公司的要求和流程以确保有生
理残疾的人能完成部分特殊的工作。
 只需要 accommodate工作相关的
 Employers are expected to accommodate to the point of undue hardship
BFOR+不能合理容纳（超过 hardship） =可以歧视
HARASSMENT：骚扰
 定义：Harassment includes unwelcome behaviour that demeans, humiliates, or
embarrasses a person and that a reasonable person should have known would be
unwelcome.
 Bullying:欺凌
 定义：repeated and deliberate incidents of negative behaviour that cumulatively
undermine a person’s self-image
 Sexual harassment
- offensive or humiliating behaviour that is related to a person’s sex
- behaviour of a sexual nature that creates an intimidating, unwelcome, hostile,
or offensive work environment
- put sexual conditions on a person’s job or employment opportunities.
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MGHA 12周课 2
UTSC 导师：拿拿9
 Sexual coercion性胁迫
定义： involves harassment of a sexual nature that results in some direct
consequence to the worker’s employment status or some gain in or loss of
tangible job benefits.
 Sexual annoyance性骚扰
定义：sexually related conduct that is hostile, intimidating, or offensive to the
employee but has no direct link to tangible job benefits or loss thereof.
Rather, a “poisoned work environment” is created for the employee
EMPLOYER RESPONSIBILITY ON HARASSMENT
Employer responsibility：
 定义：employer’s responsibility to provide a safe and healthy working environment
protect employee away from harassment.
 应该怎么做：To reduce liability, employers should establish sound harassment
policies, communicate such policies to all employees, enforce the policies in a fair
and consistent manner, and take an active role in maintaining a working
environment that is free of harassment.
 做法及步骤：
1. Issue an anti-harassment policy statement: Promise that our company’s work
environment is healthy and safe and clearly state that harassment is illegal
2. Hold training sessions with supervisors
3. stablish a formal complaint procedure
4. Act immediately when employees complain of sexual harassment.
5. When an inquiry confirms an employee's allegations, immediately discipline
the offender.
6. Follow up on all cases to ensure a satisfactory resolution of the problem.
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MGHA 12周课 2
UTSC 导师：拿拿10
ENFORCEMENT（HUMAN RIGHTS TRIBUNAL）
 File a written complaint
 Investigation and submission of report
 If complaint is substantiated, settlement
 If no agreement, then a tribunal
PAY EQUITY
 equal pay for equal work-pay equality
 equal pay for work of comparable worth, or equal pay for work of comparable value
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