Loading...
HomeMy WebLinkAboutThe Goderich Signal-Star, 1986-12-10, Page 27Feature Human rights legislati n is ri na i . iii �md..,i, W . 4 F ' By Lon -Ann Hope "The human rights legislation is prin- cipally and primarily not a social document. What it is, is a piece of legislation that is anti -discriminatory in. its intent. So began Walter Burn's discussion on human rights legislation at Wednesday's business conference for Huron County employers. The one -day conference was sponsored by the Goderich Canada Employment Centre and the Federal Business Development Bank and co-ordinated by Susan Freeman McKee, employer relations specialist with the local Canada Employment Centre. Held at the Benmiller Inn it attracted 25 employers, from hospital administrators to group home representatives and personnel managers, from across the county. The conference was divided into two ses- sions; a morning session and afternoon ses- sion. The morning session saw Paul Mc- Cusker off the Federated Business Develop- ment Bank speak on human resource plann- ing followed by John Gillespie, manager of the Canada Employment Centre in Goderich, and Susan Freeman McKee speak on the programs and services offered • by the employment centre. Walter Burns, a human rights officer from London, led the afternoon session,with his discussion of the Ontario Human Rights Commission. Following Burns was local Goderich lawyer Glen Carey with his opi- nions and concerns of the human rights code. The Human Rights Code is a piece of legislation which states that equal treat- ment with regard to employment cannot in- fringe on the rights of a person concerning race, color, ethnic origin, sex, age, marital status, family status, citizenship, creed, record of offenses and mental or physical handicaps. "These factors cannot be taken into ac- count in any aspects of employment from the first advertisement of a • position, through the applications, interviews and subsequent hiring of a person to further pro- motions or terminations," Burns told the group Burns said although people talk about the code as "a game plan for a nice kind of world, that is not its intent. "It doesn't plan the 21st century or change the morals .of people or the way they do things. It (the human rights code) is in- escapably bound up with legal interpreta- tions," Burns said. "You have to understand the intentions of the code," he said. "The word `discrimination' by itself is a reasonable approach to life, it is a judge- ment which helps make a conclusion. But in . the code, it (discrimination) means certain things are not to be included in the equation • (the process of determining who to hire or how to treat an employee)," he explained. With the code, there are certain kinds of questions that cannot be asked in employ- ment application forms or interviews. Some of these include date of birth, marital status and questions concerning a person's health. . He explained that these questions cannot be asked because they infringe on the per- son's rights. • "The logical reason why these questions cannot be asked is that those people who complain to the (Ontario Human Rights) Commission use them as reasons for not get- ting the job or for bad employer-employee relations. When you could ask those kinds of questions there was just as much employee turnover as there is now. Without the infor- mation, the employer can hardly be accused of using information which you don't have against them," Burns said. He told the employers that they had to learn to "couch" their questions around the job and to plan the interview so that the per- son being interviewed does most of the talking. Burns noted that for 10 advertised posi- tions, it is not uncommon to receive 70 to 100 applications. He then told employers to use a screening process to narrow the applications. "The rawest form of the screening pro- cess is to look for related education and ex- perience and to validate references before scheduling interviews." "It (the interview) is a two-way street of communication. You tell them the job specifications and ask them to discuss their expectations and how they fit the job," he said, adding that what they (the persons be- ing interviewed) choose to say cannot be classified as discrimination on the employer's part. Burns told the group that the first part of the work contract which they should look at, GODERICH SIGNAL -STAR. WEDNESDAY. DECEMBER 10, 1986 --PAGE 7A. THE 0. F ICONS NEST .° = r Strip canoes woodcrafts kl "'", X12 •d i ...% . :... WWF.... �.�. wYY[..:3.• y.. ',,:.. ! '� �wru .%�:2•ri��.r�,lr.,...:ifc.�,� e x .•••• VY //. 14 OPEN "Corm hi And Enter ic gtd Mon. - Sato Our Christmas Draw"�, l0 ani -Spm 524®6318 'q RoR. Nom S Cs®d®rich J DURST FARM CENTRE 275 Huron Street (Hwy° 8 West) Clinton 482-7706 HORSE APPRECIATION DAY Walter Burns of London, a human rights officer with the Ontario Human Rights Commis- sion, spoke to Huron County employers about the Human Rights Code during the one -day business conference held at The Benmiller Inn last week. The conference was sponsored by the Goderich Canada Employment Centre and the Federal Business Development Bank. ( photo by Lou -Ann Hope) Filter Queen "IN THE HEART OF DOWNTOWN VARNA" 482-7103 NNW Goderich lawyer Glen Carey spoke to employers who attended last week's one - day business conference held at The Ben - miller Inn. Following Burns' speech, local lawyer Glen Carey discussed his concerns with the Human Rights Code. "I think the Human Rights Code, 1981, is a monster. Employers take a lot of time to get through or around it but I think it is possible in rural southwestern Ontario to essentially draw a coach and four through or around the Human Rights Code to avoid it," Carey said. He said that in the seven years which he has been in Goderich, he has not personally seen one complaint which dealt with discrimination under the code ,and those that he knows of have been dealt with quickly. Burns noted that there had been less than one dozen complaints regarding discrimina- tion and the code in the last nine years. "In Goderich, there is not really a pro- blem. I am sure that there are many (employment) applications that are con- trary to the Human Rights Code but they have existed and will exist," Carey said, ad- ding that people expect to be asked types of questions which the code forbids. In stating his opinion, Carey said, "I have no idea where the Human Rights Code gets ' off saying that it is' improper to ask how old a person is." He' felt that it is completely right to ask for the person's age since that is the first thing that tells the employe • something about the person. He said it was very difficult to prove discrimination if the employer was "sharp" with the interview and application forms. He recommended that employers use the application forms as shown in the Human Rights Code booklet or use the person's resume, both of which avoid problems with discrimination. It .is not the employer that causes pro- blems regarding the hiring of an employee, "it is the Human Rights Code itself that causes the problems," he said. Carey also noted that, for the most part, the private sector is not required to give reasons for not hiring a person. He said if a person requested a reason, the, employer should give the stock answer of "I thought someone else was better for the, job all around." He said this avoided discrimina- tion. However, "it is better to remain mute (about the hiring or not hiring of a person) because then you dont convictyourself (of discrimination)," he said. Carey also told the group of employers that if they decide to fire an employee, they should contact a lawyer first to receive ad- . vice concerning how to handle the termina- tion and settlement without discriminating against the employee. "Make sure you contact a lawyer because then you are setting up warning signals for the employee rather than just letting the axe fall," he said. In conclusion, Carey said, "I don't know how far this socially -conscious type of legislation is going to be allowed to go through the courts. I think it will have to come full circle. There will have to be a, type of revolution. It isn't going to work in the long run but it's there for now." at the time of hiring and during employ- ment, is the person's ability to show up for work and td work up to standard. "You don't hire people for what the future holds, you hire them for what the past held." When considering termination of an employee, Burns told the group that they should look at the job specifications to see if they are being fulfilled. If they aren't, then it is reasonable to let the person go, he said. The only concern in terminating an employee is when there are health-related problems. Absenteeism can be one of two things, culpable or innocent, Burns said. If it is culpable (for example, a person calling in sick when he really isn't), then the employer has no choice but to act and ter- minate the employee. However, if the absenteeism is innocent (for example, a person is diagnosed as diabetic, is injured or is sick) then the employer should allow recovery time. Burns told the group that the Workman's Compensation Bureau is cur- rently supporting re-employment of an employee into the same company following an injury. "You have to look at bringjng the employee back into a position which he can handle and which will be beneficial to both him and you," Burns said. In concluding his talk, Burns said "The cost of doing business isn't just setting up a place, part has to go to social development both active, moral and spiritual. Business and society go hand in hand." SUPERIOR MEMORIALS ESTABLISHED OVER 60 YEARS rE . .. .5 Clinton Area MICHAEL FALCONER 153 HIGH STREET, CLINTON. 482-9441 Goderich Area ROBERT McCALLUM 11 CAMBRIA ROAD, GODERICH 524-7345 We look forward to seeing you on Thursday, December 11. Since prices are continually rising we have discontinued the use of a full-time salesman in the GODERICH area, We are now able to pass on to our customers a ` j0,1 oggl o1K % Wjr NASA gir<•'t?%' 1 x i sjs` Our Work has Our Personal Guarantee Serving Huron & Surrounding Area Since 1919 North Street United Church 56 North Street, 524-7631, 524-6951 Sunday, December 14,, 1986 11:00 A.M. Worship &&Sunday School 6:30 P.M. Carolling & Refreshments — Cable 12 Telecast at 1 p.m. REV. ROBERT O. BALL - SENIOR MINISTER MARK L. RICHARDSON ASSOCIATE MINISTER Robert Blackwell - Director of Music Calvary Baptist Church BAYFIELD ROAD AT BLAKE STREET PASTOR: Terry Woodcock Phone 524-6445 Nursery Facilities...available Sunday School - 10:00 a.m. Morning Service 11:00 Sunday School Christmas Program Evening Service 7:00 Special Music at Both Services WORD' OF LIFE - teens Tues. - 7:00 Mighty Mites - Ages 4&5 - Olympians - 6-12 Wed. 6:30 - 8:00 Prayer Meeting - Wed. 7:00 WELCOME TO THE FRIENDLY CHURCH ST. GEORGE'S CHURCH Anglican - Episcopal North and Nelson Streets, Goderich RECTOR: THE REV. ROBERT J. CROCKER Drgonist•Cholrmatter: David Hamilton, A.R.C.T. Third Sunday of Advent December 14th 8:30 a.m. Holy Communion 9:00 a.m. Family Breakfast, Video: "Salt Shaker". 11:00 a.m. Morning Prayer, beginning with, a pageant by the Sunday §chool, and Advent Candles. Nursery. 2:00 p.m. Christ Church, Port Albert, Carol Service with St. George's Choir, followed by supper. — Our King and Saviour draws near — d come, lot us worship. 4 First Baptist Church MONTREAL STREET, GODERICH MORNING WORSHIP SERVICE 9:45 a.m. Sunday School 11:00 a.m. Pioneer Clubs Tuesday 10:00 a.m. PRAYER & BIBLE STUDY Tuesday 4:30 p.m. K -GR 6 Pioneer Club • PASTOR: REV. GILBERT KIDD 524-9049 Organ -Choir Director: Dona Baker You can find acceptance, purpose, joy & peace in Christ Knox Presbyterian Church MINISTER: THE REV. O.L. ROYAL, M.A., M. Div., Lorne H. Dotterer, Director of Praise Sunday, December 14 (Advent 111) 10:00 a.m. Communicant's Class 11:00 a.m. Divine Worship Sacrament of Baptism 11:00 a.m. Sunday School Christmas Presentation During Service (Nursery Facilities) Lighting The Third Advent Candle Enter to Worship Depart to Serve Advent Advent is the first season of the new church year. It is the four weeks before Christmas when Christians around the world await the celebration of the birth of the Christ Child. Worship services centre around the events leading up to the great Bethlehem event, and many churches feature Advent wreaths with four candles (three purple, one rose) circling the white Christ Candle. One candle is lit on the First Sunday in Advent, two candles on the Second Sunday in Advent etc. The Christ Candle is lit Christmas Eve signifying that Jesus is' The Light of the World.