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Equity and equality in employment
Characteristics and categories of human rights
Characteristics and categories of human rights
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In order for hiring managers to best promote non-discriminatory recruitment practices, they needs to understand the purpose of the fundamental legal requirements. Discrimination refers to “any refusal to employ or to continue to employ any person, or to aversely affect any current employees, on the basis of that individuals membership in a protected group” (Catano, Hackett and Wiesner, 2016, pg,67). Canadian jurisdictions prohibits discrimination at least on the basis of race, colour, religion, ancestry, age, sex, marital status, and physical or mental disability” (Catano, Hackett and Wiesner, 2016, pg.67). There are several ways that recruitment and selection process can be discriminatory, therefore there are some conceptual issues that need to be understood. The four issues that needs to be understood are the constitution law, human rights legislation, employment equity and labour law, employment standards, privacy legislation and related legislation.
Constitutional law serves as the supreme law of Canada. It is the body of law that consist of acts and orders passed in order to address issues in employment. The Constitution cites employment law sections from the Canadian charter of rights and freedoms, laying
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(Catano, Hackett and Wiesner, 2016, pg.68)
It is important that hiring managers are aware of the Constitutional laws to ensure that discrimination is not occurring. This law may not affect recruitment and selection directly, but it can affect the process if the practice is being challenged. Therefore, hiring mangers should ensure that they are well aware of these policies as in the long run it can challenge how the individuals make
The next important principle of the Canadian Constitution is the judicial review. The judicial review is the power of the executive branch of government (Dyck 12). Essentially, the judicial review states that any law that the government makes, can be struck down by the Supreme Court if it violates the Canadian Constitution (Dyck 401). This is a prime example how the judicial review protects the rights of
There is a major difference between what law is, and what law ought to be. Although several ideas derived from natural law theory line up with the beliefs of the constitutional monarchy of Canada, there are inconsistencies. That said, the system of law in Canada is most comparable with Legal Positivism. After analyzing the purpose of Legal Positivism, the similarities between it and Canada’s legal system become obvious. Both systems exercise the concept of primary and secondary rules, both contain a theory of legal obligation and lastly, both have a theory which answers for judicial interpretation.
Canada (2003), the applicant alleged discrimination with respect to employment on the ground of race and colour. The Ontario Human Rights Commission recognized that employers have a duty to provide a safe working environment to its employees insofar as racial harassment should not be tolerated as it infringes the person’s basic human right to not be discriminated against. The Court determined that racial slurs and discrimination should not be tolerated in any case. Arguably, this case should have been a systemic complaint than an individual complaint even though the court cannot dismiss an individual claimant. The defense put forward, in this case, is of significance as the clean hands doctrine was applied to justify the employers’ action. However, the clean hand doctrine was dismissed as the action of the applicant had no correlation with the issue of discrimination. The employer argued that the appellant did poorly in the interview process and that his intention was not racially motivated. The Ontario Commission acknowledged that there was a problem with the documentation about race and racism. There was a lack of data to support or disprove the claim that the organization’s actions were discriminatory towards racialized persons. Additionally, it is difficult to determine who were receiving good assignments and who were not. This case reassures that a motive is not needed for discrimination to take place as the only thing that is important is the unconscious act itself is racist. Phrased differently, the motivation of the organization is
A Constitution is document that states how a country is made. The growth of Canada can be interpreted through the Canadian Constitution, because the Constitution states the equal rights and freedoms of all Canadians, equal distribution of legislative powers, convenient education, and legal stability and accurate predictability. The Canadian Constitution is a very efficient way of looking at the laws and the maintenance of the country, because it describes the structure of Canada, it provides very well legal stability and predictability and the Constitution is very important for Canadians. The Canadian Constitution plays an effective role of determining the structure of Canada, its stability and predictability of laws and the rights and freedoms of Canadians.
Teelucksingh, C., & Edward-Galabuzi, G. (2005). C. Teelucksingh & G. Edward-Galabuzi (Eds.), Working Precariously: The impact of race and immigrants status on employment opportunities and outcomes in CanadaToronto: The Canadian Race Relations Foundation.
...should become more open minded when creating an application pool for job seekers. They should make the application and hiring process less bias and discriminatory in order for minorities to have a better opportunity at gaining a job in healthcare leadership and management. To prevent employers from believing social stereotypes, they must educate themselves on other races and ethnicities backgrounds to have a better understanding of them and their beliefs. As the diversity of the United States population continue to rise, the demand for diversity in healthcare is on a steady increase. It is vital for healthcare organizations to add diversity in their workforce to benefit patients’ comfortability when seeking medical attention. The barriers that stand in the recruitment of minority employees should be broken to benefit both healthcare organizations and their patients.
Racial discrimination in the workplace has been a persistent theme in Canada’s history as well as present-day times. The occurrence of actions and attitudes that impose a sense of one being less equal than another on the basis of one’s race in Canada’s workplace inhibits both our nation’s ability to move forward as well as strengthen unification within our country. The belief in a more egalitarian society, where one’s race and ethnic background have little to no impact on employees (or potential employees) standings within the job market, would seemingly be reinforced by the majority of Canadians, who consistently show support for Canada’s multicultural identity. Couple that with the noticeable strides Canada has made in the past several decades through legislation, in order to eliminate discriminatory practices and actions within the workplace, and one would likely assume that racial discrimination within the workplace is largely a concern of the past. However, current research supports the argument that the level of which racial discrimination occurs today is increasing, and as such it persists to be a key problem in the current workplace of the nation. In the workplace, racial discrimination is often seen with regard to uneven access to jobs, unfair selection and promotion criteria (as well as access to the means in order to meet this criteria), and workplace harassment. This paper compares similar findings of two articles; the first, Racial inequality in employment in Canada, as was published in the Canadian Public Administration (CPA), and the second, What Are Immigrants’ Experiences of Discrimination in the Workplace?, published by the Toronto Immigrant Employment Data Initiative (TIEDI).
• Failure to recognize Immigrants’ Credentials It is challenging for an immigrant with foreign certifications and credentials to compete with a native-born Canadian with the same level of education, skills, knowledge, and experience in the job market. Due to the failure for the company to recognize foreign credentials, the hiring manager may have the notion that the immigrant applicant is not competent enough for the job. The immigrant is left, and the Canadian-born applicant is taken. This reason partly explains why many newcomers (immigrants), take a lot of time before they secure their first job in Canada.
Abstract- Racial discrimination happens all the time and most of us are unaware of it. The most common place for this to happen is in the workplace. Now people can be discriminated against because of their race, religion, or any other numerous things. Also, discrimination can occur during the job interview or even after you got the job. This paper will shoe the effects of racial discrimination and how it can be prevented. In addition there are some very important laws that deal specifically with discrimination, like the NAACP or Affirmative Action. These both will be discussed.
Article 12 of the Constitution of Singapore emphasizes on the importance of anti-discrimination in Singapore. It ensures that every person is treated equally before the law. With this law in place, an employer, who may be hiring someone, must not discriminate against their race, religion or even where they were born. If he/she does so, they may be liable for going against the law and may be convicted.
In conclusion, there are many rights to the employees’ when it comes down to equal opportunity employment. In this paper you learned of a few different types of discrimination towards employees’ and how different acts protect them in the workforce. It also has shown what rights a person has as an employee in the working environment.
Discrimination is a feasible method of making decisions in life based on the group, class, or category to which a person belongs to. “In an ideal world, people would be equal in rights, opportunities, and responsibilities, despite their race or gender. In the world we live in, however, we constantly face all kinds of neglect based on different attributes.” When one hears the word discrimination, the first thought that comes to mind is racial discrimination. In fact, it does not solely have to be racial discrimination. There are many forms of discrimination such as age, disability, transgender, and sex discrimination. This paper will focus on discrimination based on gender, race and age in the workplaces.
Many job seekers will face employment discrimination or perhaps to be treated differently because of their skin color, age, or religion. Although it is illegal to discriminate in hiring and firing, however, one of the mo...
Discrimination in the context of work consists of disadvantaging an employee, a trainee or a candidate for hiring, because of certain non-objective criteria. Of course, this practice is prohibited. Indeed, any decision of the employer with regard to the employee (hiring, renewal of the employment contract, training, promotion, transfer, disciplinary sanctions, dismissal, ...) must be based on professional considerations and no personal order. Discrimination can be direct or indirect. If it is direct then the unequal treatment is intended and results from the intolerance of a person or a group of people vis-à-vis the individual characteristics presented by the discriminated.
A lot of times, discrimination plays a part in why some job seekers are turned away and not given a chance. We can be so one sided in our thinking that we can perceive things that aren’t always there. We all can be persuaded to believe what we see in the media and other outlets. Some are even taught to be prejudiced. To avoid this, we must get out and experience