All companies are committed to the respect of Human Rights and the implementation of Employment Equity consistent with Federal and Provincial Employment Equity laws and regulations. There are sound business reasons for this. First, we need the most competent employees in each job. Prejudices or innocent stereotypes can lead us to ignore the best qualified candidate for a less qualified candidate. Second, to be productive all employees should be able to concentrate on their work and interact effectively with each other without fear of being judged on anything but their skills and their contribution to the company. Third, it is illegal to make employment decisions based on race, national or ethnic origin, colour, religion, sex, marital or family status, age or physical or mental disability or conviction for which a pardon has been granted. The only exceptions are:
Human Rights complaints can be long, drawn out and time consuming. Taking part in the process and being found innocent is often as time consuming and expensive as actually being found guilty. Certain steps should be taken to avoid complaints.
In all situations related to recruitment, promotions, transfers, compensation, discipline and termination you must take care not only to avoid discrimination on prohibited grounds but to avoid appearances of discrimination. As a general rule, if you don't know that a candidate or an employee belongs to a group which might be discriminated against it is hard to claim you made your decision based on discrimination. Your Human Resources Department can help you avoid questions in an interview or comments in a performance management or discipline meeting which could appear discriminatory. Remember too that those off handed questions in an informal social context can be misinterpreted. It is important to put people at ease and show your interest in them as human beings, but guard against questions which might lead you to prohibited information.
It is your duty as a supervisor not only personally to comply with our policies concerning Human Rights, Harassment and respect for Canada's official languages but to ensure that your subordinates also comply.
As you see, you have in important role in ensuring that the best candidates are hired, encouraged and promoted regardless of non-performance related characteristics. In Advice to Managers we explain how to create a work environment where all are respected and treated with equity and justice based on their contribution to the company.
Whenever you make decisions about employees of different race, national or ethnic origin, colour, religion, sex, marital or family status, or age or who have a physical or mental disability (members of the targeted groups) ask yourself:
"Have I really evaluated this person objectively, or have I used common stereotypes or my own experience with members of these groups to form my opinion of their potential or their behaviour."
Ask the same question when your subordinates make a recommendation with respect to members of the targeted groups.
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