Discrimination and Sexual Harassment in the Workplace Management Fundamentals - Chapter 12 1  Discrimination in employment  Occurs when someone is denied a job or job assignment for reasons that are not job relevant.  Cannot be denied job for being too short, too tall, overweight, over 50 or having orange hair  Canadian Human Rights Act (CHRA) prohibits discrimination on the grounds of: - Race - National or ethnic origin - Colour - Religion - Age - Sex (including pregnancy and childbirth) - Sexual orientation - Marital status - Family status - Disability - Conviction for an offence for which a pardon has been granted

Canadian Human Rights Act Deals with complaints concerning discrimination The Canadian Human Rights Commission (CHRC) will take action if they feel there is sufficient grounds of discrimination Individuals have a right to issue a complaint if they feel they have been discriminated against The CHRC may refuse to accept a complaint if it has not been filed within a certain period of time, it is believed to be minor or if it was filed in bad faith

Exception!  Employment equity: Treating all employees fairly regardless of sex, race, religion, age, national origin or colour - A legal and emotional issue - Intentional discrimination is illegal  An effort to give preference in employment to Aboriginals, women, visible minorities, and people with physical/mental disability.  Bona fide occupational requirements (BFOR) are employment criteria justified by the capacity to perform a job  Justifiable reasons for discrimination/ not hiring someone based on business reasons, safety, effectiveness etc are perfectly legal  Meiorin Case

BFOR Tests 1. Rational Connection between Job Requirement and Ability to Perform 2. Rule was established by employer in good faith (honest belief that it was necessary) 3. Reasonably necessary to perform the job (no alternative)

- GS GS SEX DISCRIMINATION? Case: Hooters

Sexual Harassment in the Workplace Management Fundamentals - Chapter 12 6  Sexual harassment is behaviour of a sexual nature that affects a person’s employment situation  Type of Discrimination based on sex  “engaging in a course of vexatious comment or conduct that is known or ought to be known to be unwelcome.” – Ontario Human Rights Code  The Canadian Human Rights Act and the procedures and the Canada Labour Code protect employees from sexual harassment in the workplace

Sexual Harassment (cont’d) Consequences of sexual harassment: - undermines sense of personal dignity - prevents people from doing their job effectively, reaching their full potential, enjoying their job and earning their income - Poisoned work environment - May escalate to violence - Decreased productivity, low morale, absenteeism, potential legal costs for employer

Examples asking for sex in exchange for a benefit or a favour repeatedly asking for dates, and not taking “no” for an answer demanding hugs making unnecessary physical contact, including unwanted touching using rude or insulting language or making comments toward women (or men, depending on the circumstances) calling people sex-specific derogatory names making sex-related comments about a person’s physical characteristics or actions saying or doing something because you think a person does not conform to sex-role stereotypes posting or sharing pornography, sexual pictures or cartoons, sexually explicit graffiti, or other sexual images (including online) making sexual jokes bragging about sexual prowess.

More common in -male-dominated work environments (for example, the military, policing, construction work), -jobs that are thought to be “subservient” (for example, nursing, massage therapy, waitressing, the sex trade) - work done in isolation (for example, live-in caregivers - Women more vulnerable because often hold lower- status, lower-authority, lower-paying jobs compared to men but can happen to ANYONE

Videos: Examples of Sexual Harassment Which scenario is sexual harassment? &feature=related &feature=related ature=related ature=related feature=related feature=related

Preventing and Responding to Sexual Harassment Every person has the right to be free from unwelcome advances and solicitation in the workplace Ontario employers have legal duty to prevent and respond to sexual harassment, NOT acceptable to ignore even if no complaint made Must have anti-harassment policy in place with proper steps to take if worker experiences sex. harassment, increase awareness of these policies, educate about human rights issues Maintain equitable, diverse and poison-free environment

Activity: Is this sexual harassment? Sexual Harassment? Discrimination? Both? Or neither?