ER are required to maintain workplaces free from: (2)
&
when
discrimination harassment (prevent bullying / unwelcome attention) & pre-employment & thereafter
BC Human Rights Code applicable to all ER except:
If conflict with legislation, which wins?
prohibits unfair discrimination on how many grounds?
- government (charter applies)
- BC HR code’s provisions prevail
- 14 grounds
3 levels of establishing discriminatory conduct:
- complainant has characteristic protected by legislation (religion, gender, sexual orientation/origin, etc.)
- complainant experienced an adverse impact “treated differently” w/respect to employment at workplace
- protected characteristic was factor precipitating adverse impact
What is systemic discrimination AKA indirect discrimination?
Policies + practices that seem neutral at face value but have discriminatory effects e.g.:
- Employees working longer than 5 years for co. may apply for promotion but co. only started appointing women in last 2 years
- Convening meetings after hours excl. single parents: Unable to attend due to parental responsibilities
What is unconscious bias?
bias are elements “that are not front-of-mind for us, that may provide some micro advantages or disadvantages towards certain groups of people, certain parts of the population,”
“It’s a blind spot, if you will, that as humans we may encounter, and it’s something that we don’t intend to do because it’s in our unconscio
Can people change their unconscious bias?
aid. “We must be able to say, ‘This is what I discovered about myself today, that I am biased, that I do treat people differently and I would like you to call me out if you see that I’m doing something that is not right
Where does unconscious bias come from?
Unconscious bias comes from social stereotypes, attitudes and opinions, she said. It’s the stigma people form of other people, and how they perceive their social location, culture and upbringing
Are we always aware of unconscious bias?
“We’re not consciously aware of it, it’s just there in the background,” said Divine.“Initially, it was a way of protecting us so we can decide who we can trust and how we can learn to protect ourselves, but as we evolve as human beings, things have changed. And the fact is every one of us is biased, all human beings, we are inherently biased, profoundly biased towards each other. We prefer to be with people who look most like us, those who conduct themselves and behave like us
How can unconscious bias take form in the workplace?
Take the form of social stereotyping, resulting in biases that affect decisions such as recruitment, hiring, promotion, job advancement opportunities, retention and evaluations.
What can result in the workplace if there is unconscious bias?
Unconscious bias in the workplace can result in the same negative consequences as conscious bias and discrimination.
- if unconscious bias is rampant in a workplace, it can result in discriminatory treatment or practices, negative business culture and a lack of workforce diversity.
What is one way to combat unconscious bias?
Driving diversity in the workplace should be an important focus for management and HR departments for both business development and legal reasons.
- Businesses with a highly diverse workforce have been proven to work more effectively and perform better than competitors that are lacking diversity.
- Having employees with a range of different ethnic backgrounds, differing experiences and alternative styles will drive innovation and allow for a large variety of opinions and perspectives to be considered
Interrupter as a strategy for workplace stopping of unconscious bias
To avoid management and human resource departments merely going through the motions without much examination of their choices being made, “interrupters” can be implemented.
These are pauses or planned reflections throughout a decision process that force the decision maker to step back and assess the situation for any unconscious biases
Open the conversation about bias as a strategy for workplace stopping of unconscious bias
Ensuring that all human resource employees are aware of cognitive biases, their effects on business decisions and strategies to avoid them will result in them feeling more comfortable admitting to biases they didn’t realize they had
Re-evaluate your application process as a strategy for workplace stopping of unconscious bias
- start with the way the job ad is written
- content of ad should be genuinely essential for role/not swaying towards a type of person, ie. not masculine words
- interviews: the weight of the interview should be reduced and overall hiring decisions on variety of assessments
- use structured interviews & standardized conditions
- all demographic info should be removed from CV before assessing applicants
- the final hiring decision should be made by someone who has not been involved in any other stage of the assessment
5 areas covered: unfair discrimination prohibited
- publications & notices: younger than 30 years old/only female applicants
- goods / services delivered: restaurant notice
- accommodation: housing & membership: 2 bedroom flat available, gay couples only
- equal pay & advertisements (male paid more than females, 65% of complaints in BC)
- membership in trade unions & occupational associations
Prohibited grounds of discrimination: disability
- mental disorder (learning disability)
- perceived disability (obese cannot perform acts)
Discrimination is justified if:
BONA FIDE OCCUPATIONAL REQ., ex: refusal to hire 1 arm luggage handler / night blind long-haul trucker, etc.
Prohibited grounds of discrimination: marital status
Married/ single/ divorced/ living together regardless of sex
Since 2009: Same sex couples may not be discriminated against in context of spousal pension, survivor benefits etc.
Prohibited grounds of discrimination: age & criminal record
Re age: Discrim. prohibited against anyone 19 y & older
Under 19 y: Claim discrim. on any of the other grounds, not age
Re criminal record:
–May not discrim. if convicted of criminal offence is unrelated to job
–Not discrim. if employer refuses to ‘preserve’ job
if employee is incarcerated
what is the test for discrimination in hiring?
prima facie: first impression
- complainant was qualified for job
- complainant was not hired for job, and,
a) someone no better qualified but who did not have distinguished characteristic hired
b) employer continued to seek applicants with complainant’s qualifications
What is required in BC regarding equal pay?
EE of any sex must be paid the same rate for work that is similar or substantially similar
- not undervalue work primarily performed by women, income of childcare workers vs parking lot attendants
- pay migrants/disabled less than counterparts doing same work
- may not reduce pay of higher-paid employee to ensure equal pay for equal work
What is not covered in BC HR Code?
- Discrim. on certain grounds not covered in BC HR Code (E.g.: Discrim. due to: Physical appearance/ Social status/ Source of income)
Affirmative action policies in BC, Ontario & quebec: usually in federal sector (banks, air travel, broadcasting) - legislation requires employers to address underrepresentation of certain groups through giving preferential treatment at interview
When is discrimination allowed? (4)
- BFOR. bona fide occupational requirement
- when an alleged contravention of the Code is “reasonable and justifiable circumstances”
- ER may implement special program “affirmative action programs/employment equity
- special exemptions for org memberships
- not for profit
- aims to promote interests & welfare of identifiable group
How to make a complaint in BC?
- File within allowed time limit: within 12 months of incident
- Application will be reviewed: completeness + jurisdiction + initial merit
- Send copy of complaint to employer & give time limit to respond to allegations
- If no response, complaint proceeds to review + orders may be made against the employer - Parties tried to settle matter: Attempts were unsuccessful
- Case will be heard at BC Human Rights Tribunal
What must an ER do if got a complaint?
- Cease discriminatory policy / behaviour
- Refrain from engaging in same acts in future
- Award opportunities/ privileges
lost as result of proven unfair discrim - Compensate complainant for:
Lost wages/ Income/ Expenses - Take any other action the tribunal
considers proper to put the complainant
in the position would have been in but for the discrimination
