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EmploymenEmployment t DiscriminatDiscrimination and ion and EmploymenEmployment Equityt Equity

© 2005 by Nelson, a division of Thomson Canada Limited. 2

Chapter Seventeen Objectives• Understand the challenges faced by certain

groups in the labour force• Discuss the notion of discrimination and the legal

bases for protection against discrimination in Canada

• Provide two different meanings of discrimination and give examples of how each might be committed

• Explain the purpose and functions of employment equity

• Define the key elements of pay equity and its relationship to employee equity

• Elaborate on issues in employment discrimination and equity

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Chapter Seventeen Outline• Challenges in the Labour Pool• Discrimination• Issues in Workplace Discrimination• Employment Equity• Pay Equity• Summary

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Introduction to Chapter SeventeenThe chapter addresses:• Minorities: Native people, women

and people with disabilities• Legal and ethical implications of

discrimination• Obligations of employers to

ensuring workplace equity for all groups

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Challenges in the Labour Pool

Four Designated Groups:• Women• Aboriginal or First Nations

People• Individuals with Disabilities• Visible Minorities

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Discrimination

Legal Protection• Canadian Charter of Rights and

Freedoms (Constitution Act of 1982)

• The Canadian Human Rights Act (1977)

• The Canadian Human Rights Commission (CHRC)

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DiscriminationExpanded Meanings of

Discrimination • Direct Discrimination or Disparate

Treatment– “A law, rule or practice which on its face

creates harmful differential treatment on the basis of particular group characteristics.”

• Indirect Discrimination• Systemic Discrimination

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Issues in Workplace Discrimination

• Sex Discrimination– Moving into

Professional/Managerial Positions

– Sexual Harassment

• Age and Religious Discrimination

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Employment Equity• To eliminate employment barriers for the

four designated groups identified in the Employment Equity Act

• Redressing past discriminations• Improving access for all designated

groups• Fostering a climate of equity in the

organization• Implementing positive policies and

practices

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Employment Equity

Employment Equity Planning in the Organization

Step 1: Senior Management Commitment

Step 2: Data Collection and AnalysisStep 3: Employment Systems ReviewStep 4: Establishment of a Work PlanStep 5: ImplementationStep 6: Evaluation, Monitoring, and

Revision

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Pay EquityLegislation Issue:• Illegal for employers to

discriminate against individuals on the basis of job content

Principle Issue:• Equal pay for equal work• Equal pay for work of equal value

or comparable worth

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Equal Pay ProgramProgram Objective:• To eliminate sex-based wage

discrimination in the federal jurisdiction

Program Overview• Employers are responsible for

implementing equal pay– Step 1: Education– Step 2: Monitoring– Step 3: Audit or Inspection

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• Designated groups

• Disparate treatment

• Employment equity

• Pay equity

• Preferential treatment

• Reasonable accommodation

• Reverse discrimination

Selected Key Terms