SKILL: Describe provisions of B.C. and Canadian preemployment and employment Human Rights Legislation. OBJECTIVE: The student will describe the pre-employment and em­ ployment provisions of the B.C. Human Rights Code and the Canadian Human Rights Act. POST TEST: 80% PURPOSE: A Human Rights Code affirms that everyone has an equal opportunity for employment and equal access to tenancy and public services. Discrimination is unfair because it means that people are evaluated as members of a group rather than on their individual merits or abilities. By knowing your rights as a job applicant and employee, you are in a better position to ensure that you are being hired and promoted on the basis of your qualifi­ cations for the job rather than on the basis of a group characteristic. LEARNING TASKS 1. Describe the role of the B.C. and Canadian Human Rights commissions. 2. Describe the pre-employment and employment provisions of the B.C. Human Rights Code. 3. Describe the pre-employment and employment provisions of the Canadian Human Rights Act. : 1 Describe the role of the B.C. and Canadian Human Rights Commisions and the B.C. Human Rights Branch. STEPS: RESOURCES: 1. Read Resource #1. 1. Information Sheet: 10001-01-01; "Human RightsWorking for you", in this guide. 2. Complete Self Test: #2. 2. Self Test: 10001-01-01 located in your binder. INFORMATION SHEET: IOO01-01-01 HUMAN RIGHTS - WORKING FOR YOU What is the Human Rights Commission? The Human Rights Commission is an independent body pri­ marily responsible for educat-on and attitudinal change. Another key responsibility of the Commission is to reco-mend changes in the Code based on experience and re­ search. The Commission also grants exemptions from the Code in special cases. The Human Rights Commission welcomes your support and participation. It periodically holds public meetings to provice citizens with an opportunity to express their views regarding human rights issues. If you would like any further information about the Commission's activities, please write or phone: HUMAN RIGHTS COMMISSION OF B.C. 6th Floor, 880 Douglas Street Victoria, B.C. V8W 2B7 387-3015 HUMAN RIGHTS WORKING FOR YOU What is the Human Rights Code? In British Columbia we are protected from discrimination by the Human Rights Code. Discrimination is the denial of opportunity to a person or class of persons based on a group characteristic, whether it be race, religion, sex, colour, age, place of origin, ancestry or political belief. Discrimination is unfair because it means that people are evaluated as members of a group rather thanon their individual merits or abilities. For example, if an 4. Information Sheet: 10001-01-01 page 2________________ employer refuses to hire anyone over the age of 45, then that is discrimination on the basis of a group characteristic, age. The Human Rights Code, among other things, affirms that everyone has an equal opportunity for employment and equal access to tenancy and public services. What Group Characteristics are Covered by the Code.? ■ . Group characteristics covered by the Code vary according to the situation. In the area of employment and public services, for example, the Code is open-ended and this has allowed other group characteristics, such as size, to be included. Employment When hiring, promoting and dismissing employees or when deter­ mining their salaries, an employer must not take into account the following roup characteristics: race, sex, religion, colour, age, marital status, ancestry, place of origin, political belief, criminal conviction unrelated to the job, or other group char­ acteristics. People must be hired and promoted on the basis of their qualifications for the job. Male and fanale employees doing similar or substantially similar work must receive equal pay. TENANCY: When renting property, a landlord must not take into account the following group characteristics: race, religion, colour, sex, ancestry, place of origin, and marital status. Anyone can buy a house, commercial property or land regardless of race, religion, colour, marital status, ancestry, place of origin or sex. PUBLIC SERVICES: Business, industry, schools, colleges, un­ iversities, government departments and organizations that offer services to the public, such as restaurants, parks and museums must not refuse service nor discriminate on the basis of a person’s race, religion, colour, ancestry, sex, place of origin,or other group characteristic. MEMBERSHIP: Trade unions, employers and occupational associations must not exclude any person from membership for discriminatory reasons, and collective agreements must be written without ref­ erence to sex, race, religion, colour, age, marital status, an­ cestry, place of origin, political belief or criminal convictions unrelated to the job, or other group characteristics. 5. Information Sheet: 10001-01-01 page 3 _____________________ _ Who Enforces the Code? The Human Rights Branch, Ministry of Labour, investigates complaints of discrimination and attempts to negotiate settle­ ments satisfactory to all parties. These investigations are conducted in a confidential manner. If you believe that some person or organization is discriminating against you, or someone you know, you may lodge a complaint with the nearest Human Rights Branch office by telephone, letter or in person. Victoria: 5th floor 387-6861 OoC'OOUQ: 3 S 3; r 60 I , < Sona 3 C /8W2B7 Vancouver. Kamloops: Canada wav BC V5G 4J6 291-7236 Su4e220 3/4-7165 5-16 S’ Paul Street Kamloops B C Prince Georgs: Floor 562-8131 ' - ' ■ - ^th Avenue Ponce Georqe B C 2L3n9 Human Rights Boards of Inquiry: If the Human Rights Branch is unable to reach a settlement, the Minister of Labour may refer the case to an independent Board of Inquiry. The Board will review the evidence, make a binding decision, and order an award where appropriate. Canadian Human Rights Commission 257 Slater Street Ottawa. Ontario KIA 1E1 Telephone: (613 )995-1151 Atlantic Region Office address: Lord Nelson Arcade Room 212 5675 Spring Garden Road Halifax. Nova Scotia B3J 1H! Telephone: (902) 426-8380 M ad ing ad dress: P.O Box 3545 Halifax South Postal Station 1 lalifax. Nova Scotia B3.I 3J2 Quebec Region 2021 Union Avenue Room 1115 Montreal. Quebec H3A 2S9 Telephone: (514) 283-5218 Ontario Region Arthur Meighen Building 55 St. Clair Avenue East Room 623 Toronto. Ontario M4T 1M2 Telephone: (416) 966-5527 Prairie Region Dayton Building 323 Portage Avenue Room 211 Winnipeg. Manitoba R3B 2C'f Telephone: (2(14) 949-2189 Alberta and Northwest Territories Region Liberty Building 10506 jasper Avenue Room 416 Edmonton. Alberta T5J 2W9 Telephone: (403) 420-4(140 Western Region Montreal Trust Building 789 West Pender. Room 1002 Vancouver. British Columbia V6C 1H2 Telephone: (604) 666-2251 Visual Ear Number Ottawa: (613) 996-5211 Winnipeg: (204 ) 949-2882 Introduction The Canadian Human Rights Act This guide is intended to assist employers when recruiting and interviewing prospective employees. The Canadian Human Rights Act requires that equal employment opportunities be provided all individuals without discrimination based on race, national or ethnic origin, colour, religion, age. sex. marital status, conviction of an offense for which a pardon has been granted, or physical handicap Some information traditional!) requested in job advertisements, employment application forms and pre-employment interviews is not always relevant to the jobs qualifications and performance. Although the employer may not • intend to discriminate, the impact of the questions may be to screen out disproportionate numbers of some groups. For instance: - height and weight requirements tend to exclude women and some minorities and do not accurately assess a candidate's physical condition - an applicant's birthplace has little impact on the ability to perform the job The questions listed in the guide are for illustration only and attempt to answer the questions most frequently asked about human rights legislation. The Act. administered by the Canadian Human Rights Commission, has jurisdiction over federal government departments, agencies and crown corporations and federally regulated business and industry such as banks, airlinesand railways. The Canadian Human Rights Act states in Section S: . it is a discriminatory practice (a)to use or circulate any form of application for employment, or (b)in connection with employment or prospective employment. (i) to publish any advertisement, or (ii) to make any written or oral inquiry — that expresses or implies any limitation, specification or preference based on a prohibited ground of discrimination. Exceptions Limitations, specifications or preferences implied or expressed are not a discriminator) practice if these are established by the employer to bc based on a bona fide occupâtional requirement. Section 15 of the CURA allows employers to undertake a special program, plan or arrangement designed to overcome disadvantages which a group has suffered because discrimination on any of the prohibited grounds. Employers adopting or carrying out a special program may collect data on candidates' age. race, sex or physical handicaps. However, the burden of proof is on the employer that such slat., collection will not have discriminators consequences. The Commission recommends that employers contemplating special programs obtain a copy of the CHRCs Special Programs: Criteria for Compliance am contact the CHRCs systemic discrimination consultants tor advice and assistance. LEARNING TASK: Describe the pre-employment and employment provisions of the B.C. Human Rights Code. RESOURCES: LEARNING STEPS: 1. Read Resource #1. 1. Information Sheet: 10001-0201; ’’Human Rights Pre­ Employment Guide”. 2. Complete resource #2. 2. Self Test: 10001-02-01; "B.C. Human Rights - Em­ ployment and Advertising”. INFORMATION SHEET: IOO01-02-01 Human Rights Pre-Employment Guide EMPLOYMENT The Human Rights Code of British Columbia is designed to ensure protection for the individual against discrimination while permitting employers to retain legitimate managements rights. Adherence to the Code will help to maintain effective business practices, and provide equal employment opportunities for all persons on the basis of their individual qualifications. WHAT ARE MY RIGHTS AS AN EMPLOYER? — to define the specific skills and abilities needed to do the job -- to hire the best qualified applicant from all available labour sources. -— to demand adherence to clearly defined job descriptions — to set employment conditions, as long as they are within minimum labour standards anre are applied equitably — to establish pay or salary scales, either independtly or through negotiation and — to dismiss incompetent employees. WHAT ARE MAY RIGHTS AS AN APPLICANT OR EMPLOYEE? — not to be prejudges on the basis of a stereotype, but to be evaluated as an individual, on the basis of jobrelated factors — to expect equal pay for similar or substantially similar* work regardless of sex -- to work under conditions and standards in line with British Columbia labour law and the Human Rights Code. JOB ADVERTISEMENTS It is in an employer’s best interest to encourage applications from all qualified persons, so that the most competent appli­ cant available may be selected. It is therefore important, from an employer’s point of view, that job advertisements be open, and free of any suggestion of bias. The test of an effective job advertisement is that it encourages all qualified applicants to apply, regardless of their sex, age, race, etc. For father explaination, see the brochure titled " Job Advertisements”. 1 1. Information Sheet: 10001-02-01 page 2_________________________ PRE-AND POST-EMPLOYMENT INQUIRIES An employer may not request that an applicant provide any information concerning his or her race, religion, colour, ancestry, place of origin, or political belief. Some questions that may be in violation of the Human Rights Code if asked before hiring - for example, age and marital status - may be asked after hiring. Information such as the age and marital status of an applicant may be acquired for personnel reasons after the individual is hired. Such information may not be used to screen candidates. For further details, see the "Pre-Employment Guide". THE DECISION TO HIRE The provisions of the Human Rights Code are inteded to promote equal employment opportunities on the basis of qualifications for all members of the work force. No employer may refuse to hire an applicant on the basis of his or her race, religion, colour, age, sex, marital status, place of origin, political belief, or criminal con­ viction unrelated to the job. in addition, the Code requires that there be no discrimination against any group of people unless reasonable cause exists for such discrimination. The criterial to be used in employment decisions is job-relatedness. Take, for example, the question of a physical handicap. If the handicap does not affect job performance, then a person may not be denied employment because of it. An individual’s sex may be job-related only if it relates to the maintenance of public decency. PROMOTIONS AND CONDITIONS OF EMPLOYMENT The Human Rights Code ensures that promotions and conditions of employment are established solely on the basis of ability, experience and individual qualities. The Code specifically prohibits any consideration of a person'é race, religion, colour, age, sex, marital status, ancestry, place of origin, political belief, or criminal conviction unrelated to the job. In addition, other characteristics may be covered under the provision of no discrimination "unless reasonable cause exists". 12. Information Sheet: 10001-02-01 page 3_____________ ___________ UNIONS AND ASSOCIATIONS The Human Rights Code provides that no trade union, employers’ association or occupational association can prevent any person from realizing full membership or expel, suspend or otherwise discriminate against any of its members because of race, sex, religion, colour, age, marital status, ancestry, place of origin, political belief, or criminal conviction unrelated to the job. Nor can an agreement be negotiated that would discriminate against any person contrary to the Human Rights Code. EQUAL PAY The Code requires that employees of one sex or not to be paid less than employees of another sex for work of a similar or substantially similar nature. In deciding what is similar work, three factors are taken into account: skill, effort and responsibility. ’'Skill” involves such factors as experience, educationa, training, and demonstrated ability. "Effort” includes both physical and mental energy. "Responsibility” includes the importance of the job, supervisory duties, and freedom to make individual decisions. The wages paid to employees of one sex may not be lowered to achieve equal pay. Pay difference based on valid factors other than sex are acceptable reasons for a difference in wages. Such factors include seniority systems, merit systems, and systems that measure earnings by quantity or quality of production. Further advice on any of these matters may be obtained by contacting the Human Rights Branch located at one of the following offices: Victoria: Vancouver: Kamloops: Prince George: 5thHooi 387-68bt 880 Douglas Street Victoria. B C V8W2B7 4946 Canuoa Way 291 - /23G Burnaby B C VbG 4 J6 mute 22b 374 GuS tAe oî ot root Kamioopu Ej C V2C5I 1 -tthF'.Mr 562-8; V ’ 2 t ■ 4m Avenue i ueeeGeof pu B C INFORMATION SHEET: IOO01-02-01 Human Rights & Employment Advertising For further information about tne Human Rights Code, please contact the Human Rights Branch at the following locations Victoria: 5’r -'oc 880Dong as S”ee’ Victoria B c V8W257 3c~-■ Place and duration of current and previous addresses in Canada. Foreign addresses that would indicate national origin. if of legal. working age Applicant s age or date of both ' accept post hiring for personnel - reasons. None Any inquiry into place of b'rth or national origion applicant or applicants relatives, excent post-hiring for personnel reasons i a Birthplace, Nationality, and Ethnic Origin Bonding Citizenship i - ■ Whether bonding has been refused or cancelled ( a) i (b) (c) Canadian citizens and landed immigrants must be given equal opportunities in employment. Only if there is a requirement in law for Canadian citizenship should an employer ask if applicant is a Canadian citizen. if there is no requirement in law for Canadian citizenship, questions may be phrased: ■'Are you a Canadian citizen or landed immigrant?' If the answer is ‘No’ the following question may be asked: "What is your status?" After hiring, an employer may require verification of legal entitlement to work in Canada Any other inquiry into citizenship. Note Canada Employment & Immigration requires 'be employer in submit a request so hire a person on a student visa An employment visa (work permit j specifies Ihe job and the employer for whom the person may work. A person on an employment visa may not work for an employer not specified on the visa For clarification of these points, contact Canada Employment and immigration Clubs and Organizations Invitation to list memberships with organizations that the applicant considers may be relevant. Criminal or summary charge or conviction its appropriate to inquire about criminal convictions to: feunor. convictions for offenses taken gee?; ■ Requirement to list all clubs and organizations where membership is held. (Specific inquiries into clubs and organizations that would indicate race, religion, colour, political belief or place of origin.: i a general inquiry into criminal into or convictions ! screening on criteria not relevant to the job. this is- proscribes by the Education (a) Inquiry into academic, professional, vocational school (b) Inquiry into language skills, such as reading and writin languages, if required by the job. attended. foreign (a) Any inquiry into the nationality, racial or religious affiliation of schools. (b) Inquiry as to what is mother tongue or how foreign language ability was acquired. Handicap or Health ; Condition ; Inquiry as to whether applicant has any handicap or health would affect ability to do the job condition that (a) General inquiry into handicap or health condition. (b) General inquiry as to whether applicant has made a claim under Workers’ Compensation Act. Strength. Height. Weight. Whether applicant is able to carry out the strenuous physic requirement, specified. ot) Any other inquiry. Name (a) Name used in previous employment or education. (b) After hiring. inquiry into previous name, if required for superannuation purposes. Any other inquiry. ' Photograph After hiring, for identification purposes only. Request photograph before hiring. j—--------------- ------ ------ —. Political Belief None Any inquiry. U--------------------------------Race or Colour None Any inquiry Religion or Creed None (a) Any inquiry to indicate or identify religious denomination or customs (b) Request clergyman s recommendation or reference. (c) Reference to "Christian” name; use "given" name instead. Relatives, Family or Marital Status if relocation is required, inquiry as to whether the applicant willing to relocate. could be Sex A notice that the job requires applicants to be a specified st of public decency requirements (applies to personal care c lavatory attendant). because A e -9 ’ i 1 1 Inquiries into marital status, dependents, spouse or relatives, except post-hiring for personnel reasons. Any other notice or inquiry. LEARN I NG TASK # 3 Describe the pre-employment and employment provisions of the Canadian Human Rights Act. RESOURCES: LEARNING STEPS: 1. Read Resource #1. 1. Information Sheet: IOO0103-01; "Canadian Human Rights Commission: Recruitment and Interview Guide". 2. Complete Resource #2. 2. Self Test: IOO01-03-01; "Pre-Employment and Em­ ployment Provisions of the Canadian Human Rights Act". ORMATION SHEET; INF IOO 01- 03-01 - maiden name of applicant - inquiry as to previous name, if changed by court order or otherwise - inquiry into foreign addresses which may indicate national origin - require birth certificate or baptismal record or any other information regarding age of applicant - any inquiry as to sex on the application form - different or coded application forms for males or females - previous name under which applicant has been educated or employed - place and duration of current and previous address in Canada - has applicant attained minimum age or exceeded maximum age that applies to employment by law - inquire as to whether applicant is single, married, remarried, engaged, divorced, separated, widowed, living common law - any inquire as to applicant’s spouse, eg. "Is spouse subject to transfer’" - inquire as to number of children or other dependents - inquiry as to child care arrangements - inquire as to whether applicant is pregnant, is breast feeding a child, on birth control or has future childbearing plans 6 National or - any inquiry as to birthplace Ethnic Origin - inquiry into nationality of parents, grandparents, relatives or spouse - any inquiry as to ethnic or national origin, eg. birth certificate, mother tongue - if native born or naturalized - date citizenship received - - proof of citizenship - “Are you willing to travel or be transferred to other areas of the province or country?" if job related J Name 2 Ad dress 3 Age 4 Sex 5 Marital Status - “Are you legally entitled to work in Canada?" [If further clarification is requested you may state that those so entitled are Canadian citizens, landed immigrants or holders of a valid work permit.] - verification of age may bc obtained after selection decision is made - correspondence to applicants may be addressed to their homes without the prefixes “Mr.. Mrs.. Miss. Ms ", eg. "Dear Mary Smith" "Dear John Doe" - information required for tax or insurance purposes may be obtained after selection decision is made - an employer may ask for documentary proof of eligibility to work in Canada after selection decision is made ^INFORMATION SHEET: IOO01-03-01 7 Military inquiry into ail military service - inquire into Canadian military service 8 Languages - mother tongue - where language skills were obtained - inquiry into which languages applicant speaks, reads or writes, only if job related 9 Race or Colour - any inquiry which would indicate race, colour, complexion including colour of eves, hair or skin - request for photograph or taking of photograph 10 Photographs 11 Religion 12 Physical Handicap 13 Medical Information - any inquiry as to religious affiliation - any inquiry as to willingness or availability to work on a specific religious holiday - church attended, religious holidays, customs observed or religious dress - request reference or recommendations from pastor, priest, minister, rabbi or other religious leader - inquiry into all physical handicaps, limitations or health problems (this would tend to elicit handicaps or conditions which are not necessarily related to job performance) - inquiry as to willingness to work a specified work schedule - inquiry as to whether applicant has any physical handicaps or health problems affecting the job applied for - inquiry as to any physical handicaps or limitations that the applicant wishes to bc taken into consideration during the selection and interview process, or in determining job placement. -- inquiry into all military Service; permissible if military experience directly related to job applied for - testing or scoring an applicant in English or French language proficiency is not approved unless English or French language skill is a requirement of the work to be performed - may be required for identification purposes after selection decision is made - it is the duty of the employer to accommodate the religious observances of the applicant, it it is reasonably possible to do so - inquiry after hiring about religion to determine when leave of absence might be required for religious observances - a physical handicap is only relevant to the job if: (a) the handicap would threaten the safety of co-workers, clients or the public; (b) the handicap would prevent the applicant from performing essential job duties satisfactorily even it a reasonable effort were made to accommodate the handicap - a medical examination will necessarily reveal prohibited information about an applicant such as his or her age. race, or sex. Employers should conduct medical examinations only when an employees physical condition is relevant to the job’s duties and then only after the selection decision is made. Employers may indicate on application forms that job offers is conditional on applicant passing a medical examination INFORMATi ON SHEET: 14 Organiza­ tions request that applicant list all clubs or organizations he or she belongs to 15 Height & Weight 16 Relatives 17 References 18 Criminal Conviction 19 Optional Inquiries - name and address of next of kin and his or her relationship, to be notified in case of emergence - any inquiry made to a person who is a reference that would not bc allowable if made directly to the applicant - inquire into whether applicant has ever been convicted of a crime - prohibited inquiries marked “optional" will be considered contrary to the Act IOO01-03-01— — request should only be made it - proviso that applicant may decline membership in organizations is to list clubs or organizations which necessary to determine job may indicate a prohibited ground of qualifications discrimination - height and weight requirements max be discriminatory if they screen out disproportionate numbers of minority group individuals or women and cannot be shown to bc related to job performance - this information should be obtained - name and address of person to bc notified in case of emergency when the new employee is being documented - inquiry into whether applicant has been convicted of an offence for which no pardon has been granted - the Canadian Human Rights Act prohibits discrimination based on a criminal conviction for which a pardon has been granted. The Commission discourages inquiries into unpardoned criminal convictions unless the particular conviction is relevant to job qualification MASTER ANSWER SHEET: I00O1 Answer sheet to questions for Self Test: 10001-01-01 1, race, national or ethnic origin, colour, religion, age, sex, marital status, physical handicap, ancestry, political belief, or conviction of an offence for which a pardon has been granted. 2. hiring, promoting, dismissing of employees and determination of a person’s salary. 3. The Human Rights Branch of the Ministry of Labourinvestigates complaints of discrimination and attempts to negotiate settlements satisfactory to all parties. 4. The Canadian Human Rights Commission has jurisdiction over federal government departments, agencies and crown corporations, and federally-regulated business and industry such as banks, airlines and railways. 5.1. Employment application forms. 2 .job advertisements 3 .written or oral enquiries by the employer. 30 MASTER ANSWER SHEET: I00O1 Answer sheet for IOO01-02-01 "B.C. Human Rights Employment and Advertising"____ ____ ________ 1. skill, effort and responsibility 2. seniority systems, merit systems and systems that measure earnings by quantity or quality of production. 3. a) neutral titles e.g. "supervisor replaces foreman" or "draftsperson" replaces "draftsman" b) a double title to include both male and female eg. waiter/waitress g) the words "amle or female" can be added to the job title e.g. "Tradesman male or female". 1. 2. 3. 4. true true true false 4. Answers for Self Test: 10001-03-01: Pre-employment and Employment Provisions of the Canadian Human Rights Act, 1. not acceptable 2. not acceptable 3. Acceptable 4. not acceptable 5. Kot acceptable 6. acceptable 7. acceptable 8. not acceptable 9. not acceptable 10. acceptable 31