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Discrimination
In employment, any refusal to employ or to continue to employ any person, or to adversely affect any current employee, on the basis of that individual's membership in a protected group. All Canadian jurisdictions prohibit discrimination at least on the basis of race or colour, religion or creed, age, sex, marital status, and physical or mental disability
Employment Equity
The elimination of discriminatory practices that prevent the entry or retention of members from designated groups in the workplaces, and the elimination of unequal treatment in the workplace related to membership in a designated group
Adverse Effect Discrimination
Refers to a situation where an employer, in good faith, adopts a policy or practice that has an unintended, negative impact on members of a protected group
Adverse Impact
Occurs when the selection rate for a protected group is lower than that for the relevant comparison group
Bona Fide Occupational Requirement (BFOR)
A procedure used to defend a discriminatory employment practice or policy on the grounds that the policy or practice was adopted in an honest and good-faith belief that it was reasonably necessary to assure the efficient and economical performance of the job without endangering employees or the general public. BFORs are sometimes referred to as bona fide occupational qualifications (BFOQs)
Accommodation
The duty of an employer to put in place modifications to discriminatory employment practices or procedures to meet the needs of members of a protected group being affected by the employment practice or procedure. As part of a BFOR defence, an employer must demonstrate that such accommodation is impossible to achieve without incurring undue hardship in terms of the organization's expense or operations
Sufficient risk
As part of a BFOR defence, an employer may argue that an occupational requirement that discriminates against a protected group is reasonably necessary to ensure that work will be performed successfully and in a manner that will not pose harm or danger to employees or the public
Outreach recruiting
A recruitment practice where the employing organization makes a determined and persistent effort to make potential job applicants, including designated group members, aware of available positions within the employing organization
Major legal issues affecting recruitment and selection
Constitutional Law: Supreme Law of Canada
Human Rights Law: Discrimination, Employment
Employment Equity: Federal employment equity
Labour Law, Employment Standards & related legislation: Rights, responsibilities, and obligations surrounding employment
Human rights and employment equity legislation and policies that affect recruitment and selection
Canadian Human Rights Act: depends on jurisdiction; on grounds of race or colour, religion or creed, age, sex, marital status, and disability
EE Legislation: For large organizations or large industries; protects designated groups
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