Hampton Inn Case Study

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Hampton Inn Case Study

• Bryan Andrews

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Meeting Legal Requirements

• Bryan Andrews

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Prejudice

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

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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

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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)

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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)

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Employer Retaliation

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

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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

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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

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Systemic Discrimination

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

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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

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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

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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

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Bona Fide Occupational Requirements

• A justified reason for discriminating against a
  member of a protected class

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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

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Contd

• Compensation pay according to skill, individual
  performance and/or seniority
• Performance Appraisal must be free of biases
  that discriminate

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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

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Contd

• 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