Hampton Inn Case Study

Bryan Andrews

Meeting Legal Requirements

Bryan Andrews

Prejudice

An opinion, often unfavourable, formed without a fair examination of the facts: especially antagonism towards members of other races, religion etc

Discrimination ( in human resources )

The systematic exclusions of particular persons from consideration of a job, or payment of different wages to such persons because of age, sex or race or some other characteristics not relevant to job ability or performance

Types, sources, objectives and jurisdiction of Canadian Human Rights Legislation – Federal Law Sources

passed in parliament and enforced by the federal Human Rights Commission

Objective & JurisdictionTo ensure equal employment opportunities with employers under federal jurisdiction (10% of the Canadian workforce)

Types, sources, objectives and jurisdiction of Canadian Human Rights Legislation – Provincial Law Sources

enacted by provincial parliament and enforced by the provincial Human Rights Commissions

Objective & JurisdictionTo ensure equal employment opportunities with employers under provincial jurisdiction (90% of the Canadian workforce)

Employer Retaliation

When an supervisor tries to “get even” when an employee files charges or a complaint under the Human Rights Act

Equal Pay for Equal Work

People performing the same kind of work should receive the same pay regardless of gender, race, or other characteristics not related to ability or performance

Equal Pay for Work of Equal Value Men and women with

comparable jobs (similar in content, skill, effort, responsibilities, working conditions) should receive equal compensation

Systemic Discrimination

There is no intention to discriminate, but the system, arrangements, or policies allow indirect discrimination to happen

Failure to provide Reasonable Accommodation If an employer fails to

accommodate an employee in a protected area (ex religious practices) to the point of undue hardship

Harassment

When one member of an organization subjects another employee to one or more incidents that “ a reasonable person ought to have known would be unwelcome” and pertain to a protective classification in the Human Rights Legislation

Reverse Discrimination

This occurs when an employer seeks to hire or promote a member of a protected class over an equally ( or better) qualified candidate not in a protected class

Bona Fide Occupational Requirements A justified reason for discriminating against

a member of a protected class

Human Rights Legislation affects: Training decisions about who to training

must follow established criteria – failure to train certain groups may be considered discrimination

Recruiting- where is recruiting taking place?

Selection – company must select/reject based on the basis of experience and ability

Cont’d

Compensation – pay according to skill, individual performance and/or seniority

Performance Appraisal – must be free of biases that discriminate

Other Legal Challenges

Canada Labour Code – regulates union certification, right to organize, union prosecution, mediation and arbitration procedures

Dismissal – an immediate dismissal is possible if an employee is compensated through appropriate severance pay

Cont’d

Minimum wages – set by provincial and federal boards

Occupational Health and Safety – Labour Standards Codes also regulate these issues

Workplace Hazardous Material Information Systems (WHMIS) – regulates the handling of hazardous materials