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Level 2
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Element: Capacity Building and Resources
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Outcome 12: Organization has adequate
capacity and resources to address Level 2 outcomes of each element.
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Indicator 12a): Human right training
is tailored to the specific roles and responsibilities of staff.
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Possible Measures and Data Sources:
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Percentage of managers trained
on the Canadian Human
Rights Act (CHRA)
and the Employment Equity Act (EEA).
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All dedicated resource persons
provided with x
number of specialized human rights
training sessions (e.g., T4T, anti-discrimination and employment equity training).
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Percentage of employees trained
on the CHRA and the EEA.
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Survey on the level of awareness
of staff.
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Indicator Description
Commitment to human rights from senior leadership
in an organization is crucial to creating a human rights culture in the workplace.
It is therefore vital that senior leadership of the organization have a working
knowledge of the principal requirements of the CHRA and the EEA in order to create
a self-sustaining human rights culture. Senior leadership will also ensure that
the organization provides training on these fundamental requirements to all employees.
At Level 2 of the HRMM, senior
leadership will receive specialized human rights training sessions, building on
the knowledge they received at Level 1. Employees will receive training that is
tailored to their specific roles and responsibilities with regard to the obligations
and duties imposed on the organization by the CHRA and the EEA.
Suggested Approach
Training on the following various topics should
be provided by subject matter experts, with a minimum of a half-day of instruction
time for each participant.
The training for senior leadership should cover
the following concepts:
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CHRA-specific
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The Duty to Accommodate: legislation, grounds-specific
issues, undue hardship, accommodation process, policies, and roles, bona fide occupational
requirements (BFORs) and bona fide justifications (BFJs).
-
Harassment Prevention in the Workplace: employers’
and employees’ roles and responsibilities, forms of harassment, legal requirements,
communication skills, supporting diversity, interview phases, how to create a respectful
workplace.
-
Anti-Racism: Strategy for a Racism-Free Workplace,
Cultural Profiles Project, CHRC Discrimination Prevention Program.
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Cultural Sensitivity Awareness /Anti-Discrimination:
The Universal Declaration of Human Rights, challenging assumptions, cultural landscapes,
diversity portrait – Canada’s changing ethno-cultural demographics.
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Managing the Return to Work: key legal principles,
step-by-step guidelines, case studies.
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Competencies for the Management of Diversity: guiding
principles for leadership training, a multi-dimensional planning framework, policies
and programs that frame diversity, teaching and learning about change, the role
of the change agent.
-
listing of resources, publications, websites, etc.
for further information.
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EEA-specific
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Recruitment, hiring, and integration strategies:
Integrating employment equity principles within this process.
-
Employment Systems Review: Legal Framework, Assessment
Factors, Assessing Compliance.
-
The Audit Process in Detail: notification, audit
questionnaire, verification, reporting, undertakings.
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Annual reporting requirements to Human Resources
and Skills Development Canada: Preparation of an annual employment equity plan,
workforce analysis to monitor representation, identification and elimination of
barriers to employment, creation and institution of positive policies and practices
to achieve representation.
-
Special programs: plans or arrangements, legislation,
recommendations, objectives, available assistance.
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Workforce survey: Data collection, analysis, planning.
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Listing of resources, publications, websites, etc.
for further information.
The training for managers should cover the following
concepts:
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Principle of hierarchy of laws
in Canada, supremacy of the Charter and human rights legislation, concurrent jurisdiction
.
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Sections 15 (no discrimination)
and 1 (notwithstanding clause) of the Charter.
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Overview of the CHRA and the EEA
– when proclaimed, basic summary of bodies created, protections, scope.
-
Explanation of distinction between
the Canadian Human Rights Commission (CHRC) and the Canadian Human Rights Tribunal
(CHRT) – roles, powers, functions, authorities, with respect to both Acts.
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CHRC’s mandate under the CHRA and
the EEA
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Explanation of difference between
Federal and Provincial jurisdiction, listing of industries under Federal jurisdiction,
explanation of organizations subject to the EEA.
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Section 2 - purpose of each of the
Acts, principle of “purposive interpretation”.
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CHRA-specific
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Listing and description of the 11 prohibited grounds.
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Listing and description of 9 discriminatory practices.
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Definition and examples of discrimination, harassment,
and duty to accommodate.
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Statistical information on complaints accepted by
the CHRC.
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Information on what constitutes a complaint, who
can file a complaint, what components are necessary for a complaint to be accepted,
and examples of accepted complaints.
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Description of the complaint process at the CHRC.
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Description of the early resolution process at the
CHRC.
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Description of the process, mandate, and remedies
of the CHRT.
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Description of the appeal rights available for CHRC
and CHRT decisions.
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Listing of resources, publications, websites, etc.
for further information.
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EEA-specific
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Listing and definitions of the 4 designated groups.
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Description of the employers to which the EEA applies.
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Description of employer’s duty under s. 5 to implement
employment equity, and the limit of its duty under s. 6 (undue hardship).
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Description of employer’s duty under s. 9 to conduct
an analysis of its workforce, identify barriers to employment of the designated
groups, and (s.10) create an employment equity plan to correct under representation
of designated group members identified in its analysis.
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Description of the employer’s duty to develop short-term
and long-term goals to reach representation, and a monitoring and evaluation process.
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Description of annual reporting requirements.
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Description of the CHRC’s duty to conduct compliance
audits of employers to enforce the obligations imposed on employers by sections
5, 9-15, and 17 of the EEA.
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Description of Compliance Officer powers to collect
information.
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Description of employment equity audit process,
including remedies proscribed for non-compliance (employer’s written undertaking,
Commission direction to employer, Court order, monetary penalties).
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Statistical information on audits conducted by the
CHRC.
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Deadlines and operating procedures of the CHRC with
respect to employment equity.
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Listing of resources, publications, websites, etc.
for further information.
The training for employees dealing specifically
with human rights issues should cover the following concepts:
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Overview of the CHRA and the EEA.
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CHRC’s mandate under the CHRA and
the EEA.
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CHRA-specific
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Universal design and accessibility: Seven principles
-- equitable use, flexibility in use, simple and intuitive, perceptible information,
tolerance for error, low physical effort, size and space.
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Workplace ergonomics: office, environment, personal
computer.
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Alternative and accessible formats: braille, large
print, audio tapes, compact disk, electronic files.
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Organizational support for disability accommodation.
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Strategic planning.
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Alternative work arrangements (telework, flexible
hours, modified workspace, modified work tools).
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Organizational behavior: system approach - human,
organizational, and social objectives.
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Human rights Investigations: complaint process,
section 41 issues, proof required for claims of discrimination, investigation plan
and sources, the CHRC’s investigation criteria, effective information gathering,
drafting an investigation report.
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EEA-specific
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Documentation required to meet the 9 statutory requirements
under the EEA.
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How to navigate HRSDC’s and TBS’s databases for
demographic equity representation data.
The training for employees not dealing specifically
with human rights issues should cover the following concepts:
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Overview of the CHRA and the EEA.
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CHRA-specific
-
Listing and description of the 11 prohibited grounds
and the 9 discriminatory practices.
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Definition and examples of discrimination, harassment,
and duty to accommodate.
-
Listing of resources, publications, websites, etc.
for further information.
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EEA-specific
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Listing and definitions of the 4 designated groups.
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Description of the employers to which the EEA applies.
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Listing of resources, publications, websites, etc.
for further information.
Promising Practices
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Incorporating human rights training
into employees’ individual learning plans.
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Providing training to employees
on the organization’s internal diversity/accommodation/anti-discrimination/anti-harassment
policies during the orientation session for
new employees.
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Including the management of diversity
as part of the core curriculum for training and
development of senior managers.
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Ensuring that follow-up on human rights
training is carried out on the organization’s
intranet system.
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Celebrating cultural events
and ask employees from different national or ethnic
origins to share their culture with the organization.
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Holding discussion groups
to raise awareness and understanding among employees
of the organization’s employment equity objectives.
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Canvassing employees
on the best ways to achieve your organization’s
projected employment equity goals.
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Emphasizing the importance
of the process of promoting change in facilitating
the goal of promoting diversity.
Useful links and tools
Canadian Human Rights Commission
www.chrc-ccdp.gc.ca
Canadian Human Rights Act
http://laws-lois.justice.gc.ca/eng/acts/h-6/page-1.html
Anti-Harassment Policies for the Workplace -
Canadian Human Rights Commission
www.chrc-ccdp.gc.ca/publications/anti_harassment_toc-eng.aspx
Bona Fide Occupational Requirements and Bona
Fide Occupational Justifications under the Canadian Human Rights Act -
Canadian Human Rights Commission
www.chrc-ccdp.gc.ca/discrimination/occupational-eng.aspx
Discrimination Prevention Program - Canadian Human
Rights Commission
www.chrc-ccdp.gc.ca/preventing_discrimination/discrimination_program_prevention-eng.aspx
Duty to Accommodate Fact Sheet -
Canadian Human Rights Commission
www.chrc-ccdp.gc.ca/preventing_discrimination/duty_obligation-eng.aspx
Employment Equity Act
http://laws-lois.justice.gc.ca/eng/acts/E-5.401/page-1.html
Employment Equity Compliance Program Fact Sheet
- Canadian Human Rights Commission
www.chrc-ccdp.gc.ca/publications/eecp_sheet_pceme-eng.aspx
Employment Systems Review: Guide to the Audit
Process - Canadian Human Rights Commission
www.chrc-ccdp.gc.ca/publications/system_review_toc-eng.aspx
Framework for Compliance Audits under the Employment
Equity Act - Canadian Human Rights Commission
www.chrc-ccdp.gc.ca/publications/fcauee_dcvcleme/toc_tdm-eng.aspx
Guide for Managing the Return to Work
- Canadian Human Rights Commission
www.chrc-ccdp.gc.ca/publications/gmrw_ggrt/toc_tdm-eng.aspx
Harassment and the Canadian Human Rights Act
- Canadian Human Rights Commission
www.chrc-ccdp.gc.ca/publications/harassmentchra-eng.aspx
Universal Declaration of Human Rights
- Canadian Human Rights Commission
www.chrc-ccdp.gc.ca/publications/universal_declaration-eng.aspx
Strategy for a Racism-Free Workplace - Human Resources
and Skills Development Canada
www.hrsdc.gc.ca/eng/labour/equality/racism/strategy.shtml
References
UN Global compact Business Leaders Initiative on
Human Rights “A Guide for Integrating Human Rights into Business Management”
http://www.unglobalcompact.org/docs/issues_doc/human_rights/Resources/guide_hr.pdf