Workplace discrimination can destroy employee morale, affect operational efficiencies, and result in possible legal action against the employer. Workplace discrimination legislation in Canada is well-settled; a strong basis in laws such as the Canadian Human Rights Act and various provincial human rights codes keeps discrimination of employees in check. The employer has to devise a way of dealing effectively with complaints on workplace discrimination and assure a safe and inclusive environment while staying within the letter and spirit of the law.
Understanding the Legal Framework
Under Canadian law, employers are subject to legislation that prohibits discrimination in employment based on an individual’s race, sex, age, disability, sexual orientation, or religion. Protection is entrenched in both federal and provincial laws. For instance, the Canadian Human Rights Act covers federally regulated employers, but each province has a separate human rights code covering provincially regulated workplaces. The employers have to be aware of such legislation so that they can frame policies and practices that will be within the ambit of the law. The best option while having such apprehensions/doubt over legal compliances arising out of these obligations, are the advice provided by an employment lawyer Edmonton.
Drafting of Anti-discrimination policy in Lucid Terms
An adroit and elaborate anti discrimination policy provides a workable framework toward addressing and countering discrimination from workplaces with which any initiative towards resolving and thereby nullifying problems on discrimination effectively lies with any given employer. For example, such a policy should describe what discrimination is, clearly forbidden description of behaviors considered discriminatory, filing procedures for complaints, investigation procedures, possible sanctions, and all the consequences for various discriminatory acts. This should then finally be made available by employers to all staff members, along with training programs, so that awareness and understanding of this policy can be truly engrained throughout the whole organization.
Creating a Safe Reporting Culture
Workers should also feel free to file complaints of discrimination without threat of retaliation or any adverse action. Indeed, employers must make available various avenues for reporting such complaints to the manager directly, human resource representative, and/or through mechanisms that may allow anonymity. Assurances of confidentiality and no retaliation should therefore be well communicated to gain confidence from the employees. Issues can be dealt with immediacy and efficiency since it is this openness and respect culture which creates a setting for such dealing.
Conducting Investigations That are Fair and Complete
Where a complaint of discrimination is made, an employer should proceed and conduct a fair and complete investigation. Initially, it would be done by taking specific information from the complainant regarding identification of the particular incidents, dates, and potential witnesses. The employer would subsequently interview the accused and potential witnesses, being sensitive to the respective parties and giving each the opportunity to relate their side of the incident in question. Also, neutrality in the investigation itself will avert perceived bias. This is also a good time to comprehensively document the investigation process and findings as these might be needed for legal or internal review.
Appropriate Action Based on Findings
When the investigation is complete, there are some decisions that employers have to make regarding appropriate actions based on findings. Should the complaint be found, actions should be taken in terms of measures to deal with the behavior, including any disciplinary actions, termination, or further training for the offender. If the complaint is not substantiated, an employer should have a tactful way of telling this to the opponent without allowing retaliation against the complainant. Whatever the outcome, employers have the responsibility to dissect the situation for any systemic problems that can be considered and provide solutions to avoid recurrence.
Support for All Parties Present
Complaints of discrimination are traumatic for the complainant, alleged offender, and witnesses. Employee assistance programs, counseling services, and mediation services should be provided by the employer upon need during and after the investigative process. Such care and concern for the feelings of employees would create in them a level of trust psychologically and thereby go a long way in maintaining proper work culture.
Preventing Discrimination at Workplace
While responding to complaints is important, prevention is even more so. Employers should invest in regular training programs that enlighten employees about discrimination, unconscious bias, and inclusivity. Supervisors and managers must be subjected to further training on how to identify potential issues before they escalate. It is also an indispensable undertaking in ensuring a workplace free from discrimination that work policies and practices undergo periodic reviews to renew them in step with changing laws and social behavior.
Handling complaints at work related to discrimination requires being successfully proactive in the provision of policies on the same and committed to fairness and inclusion. Employers who take such steps not only comply with the law but go that extra mile in ensuring a positive, respectful culture in the workplace. With complaints handled on time and effectively, businesses build trust among employees, protect their reputation, and foster an environment where each one feels valued and supported.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
