Discrimination in the Workplace
Discrimination is a differentiation, exclusion, or preference based on one of the banned grounds that intend to deny or transfer a person’s ability to enjoy their human rights and freedoms their whole and equally. In the workplace, discrimination may appear both consciously and unconsciously (Waite, 2021). When a company purposefully rejects a competent applicant due to that person’s race, colour, religion, sex, gender, ability, or age, it is engaging in intentional discrimination. Unintentional discrimination is typically present in practices and policies that, despite their outward appearance of neutrality and impartial implementation, negatively affect certain groups of people for reasons unrelated to their jobs or those necessary for such safe and effective operations. Employee harassment at the Canada Border Services Agency (CBSA) is one of the numerous problems I encountered in my prior employment, including physical assault, verbal abuse or threats, and misuse of power (Waite, 2021). The regulations restricting CBSA workers from attaining wage parity with other enforcement agencies were added. Finally, with the aid of the union and a collective agreement to prevent or lessen future prejudice, CBSA workers could defend themselves against the company (Boucher, 2022).
Legislation that applies to it
Finding federal, provincial, or other laws that preserve the workplace’s diversity presents significant hurdles for organizations. Organizations must create reactive diversity plans to guarantee that they abide by statutes protecting employees from discrimination. Employers that fail to treat their workforce equally risk facing discrimination lawsuits that might have a negative financial and moral effect (Boucher, 2022). A discriminatory act or decision mistreats an individual or a group due to factors like their colour, age, or handicap. These set rules are the grounds that are meant to be protected by the Canadian Human Rights Act. Organizations ultimately want to emphasize making sure they comply with the laws established by the government as stipulated in the act (Waite, 2021).
How union and management have been addressing it.
Employees are entitled to a workplace devoid of discrimination, and employers are obligated to actively promote an environment that upholds employee equality and respects human rights. The employer must cooperate with unions to establish a collective bargaining agreement that safeguards both the company and the workers. The work unions should do their best and try to negotiate with the employers to ensure that there is no discrimination in the organizations and be quick in addressing the matters brought to them as well as making hard punishment to the offenders (Guerrero et al., 2022). Additionally, to guarantee that workers’ rights are upheld, the partnership and the company must make accommodations that put an unreasonable burden on them and even make a further step to allow their working staff to air their views in case they feel like being discriminated against.
What position are arbitrators taking concerning the issue?
A third-party individual or group known as an arbitrator is responsible for looking into a disagreement between a union and an employer and imposing a resolution. To determine whether there has been discrimination, the arbitrator must hear the evidence, analyze it evenhandedly and objectively, and then decide according to the law and the contract terms (Guerrero et al., 2022). An impartial third person called an arbitrator is responsible for enforcing legal obligations and the conditions of the collective bargaining agreement reached between the employer and the union. Arbitration can be more invasive and intense, as well as it can engage and assist in resolving the disagreements in order to prevent any possible strikes and lockout which may result from this (Waite, 2021). The arbitrator’s decision is the final and last one since it cannot be changed no matter what. Which can be even unfavorable to the unions and the employers depending on the matter presented which can result (Guerrero et al., 2022).
What it all means for the future of workplaces
Successful organizations welcome diversity while developing anti-discrimination initiatives, policies, and workplace cultures. Since adopting the Human Rights Act and the Charter of Rights and Freedoms, which protect every Canadian, employment discrimination concern has advanced significantly (Waite, 2021). Additionally, when unions are present to defend workers’ rights under a collective bargaining agreement and the Human Rights Act, discrimination has no place in the workplace. This implies that organizations must actively seek strategies to encourage diversity while opposing prejudice via clearly stated policies and procedures. Additionally, employers must eradicate discrimination in the workplace since enforcement is their responsibility. Failure to safeguard its workers might lead to lockouts and strikes as well as possible financial loss of the confidence of the public, diligent workers, and potential employees (Boucher, 2022).
All workers deserve to be treated fair and be given equal opportunities in the all the working areas with respect to their qualifications, and there should be no discrimination based on when doing so. Communities may coexist in peace and harmony when human rights are enacted. It instills tolerance for many cultures and beliefs. To ensure that every aspect of society is taken into consideration, the strategy should be comprehensive. By doing this it will make sure that the working environment is conducive for everyone and increase the productivity in the labor market.
Boucher, A. (2022). ‘What is exploitation and workplace abuse?’A classification schema to understand exploitative workplace behavior towards migrant workers. New Political Economy, 27(4), 629-645. https://www.tandfonline.com/doi/abs/10.1080/13563467.2021.1994541?casa_token=aKhiCqK-ZU0AAAAA:Vrh_D3jL860dL9CO6hTOkG0gII7Y99mHtJjvTbEXtwdzP55X6FziFJ9OY2befu1LasNLZLIe7fMH_ge-XQ
Guerrero, S., Cayrat, C., & Cossette, M. (2022). Human resource professionals’ human and social capital in SMEs: small firm, significant impact. The International Journal of Human Resource Management, 33(16), 3252-3274. https://www.tandfonline.com/doi/abs/10.1080/09585192.2021.1919739?casa_token=ujLfCSyDhRMAAAAA:Khiitt5tFssONGwmEygnRSl0Rc1wpwet00x077MWC9-wNKOOapXdVPjg7x3PJKD2riZLON6qoUAFXPFiVQ
Waite, S. (2021). Should I stay or should I go? Employment discrimination and workplace harassment against transgender and other minority employees in Canada’s federal public service. Journal of homosexuality, 68(11), 1833-1859. https://www.tandfonline.com/doi/abs/10.1080/00918369.2020.1712140?casa_token=BV5i79GN1CAAAAAA:W1nae9EEZX6jncgrVN6TQIdHh0hE_n9QNUBqlErM7wjQxuXaGXn7iJGh1D8JO8D40yG9r13mWHzstWYXSA