Stephen Hammond's
Tip #15 — BE A FAMILY-FRIENDLY WORKPLACE
From a legal perspective, things have certainly changed when it comes to “family status” found in Canadian human rights legislation. Unfortunately, the need for protection for both men and women who have children (in particular) has not.
In this very educated and progressive country of Canada, women still face discrimination based on gender…for the mere fact that they have children or in the future they may have children (regardless of their own personal choice or circumstance). Hence, sex discrimination in Canada covers pregnancy as well. Some provinces & territories include “pregnancy” as a separate protected ground, however, thanks to the Supreme Court of Canada, pregnancy protection is included in sex/gender protection.
That was established many years ago, but more recently many courts in this country have been giving more importance to “family status” protection. Most governments (perhaps all??) have argued that when family status was included in their human rights legislation, it was meant to protect employees and applicants from an employer saying “sorry, but you have kids, so I’m not going to hire or promote you.”
Now let’s be clear, an employer would have to be dumb as a bag of hammers to actually say that out loud, but they may be thinking it. If it can be shown that a job or opportunity was deprived due to a person’s family, then that could be a pretty good case to show discrimination. But in recent years a number of courts have moved beyond that limited understanding and have given protection to those with child care responsibilities.
In special and somewhat rare circumstances, when parents can’t get child care to match the hours of their job (perhaps rotating shift work and no other options), courts have ruled that the employer must make an accommodation. Perhaps they have to create a separate work schedule or prevent an employee from being transferred.
This interpretation isn’t the same across the country, but more often than not, it’s moving in that direction. And to be clear, parents have to show they have gone to great lengths to work out their child care issues before asking for an accommodation. As well, family status doesn’t just apply to a child or child care responsibilities. Perhaps you are responsible for an aging parent or sibling with a disability. As long as it involves family responsibilities and special circumstances which conflict with an employee’s work schedule, there may be a need to make a workplace accommodation. Each case will be different, so for supervisors, best to ask questions, seek advice and see if an accommodation can be made.
SUPERVISORY SUGGESTIONS:
Be open minded about family needs – because it’s required. It’s hard to run a workplace when you have to take into consideration the personal needs of employees. However, most people can plan their personal lives and their work lives very well…or well enough and don’t need special changes. Give real consideration for the few who need support and you’ll likely have a very loyal employee.
Address concerns of other employees – or you may have grumblings. When an accommodation is made for one employee, sometimes other employees resent it. After all, they didn’t get an accommodation and perhaps they could have asked, but they weren’t aware it was an option. At the first sign of any grumblings, talk to employees and explain the situation. Let employees know accommodations are like an insurance policy – it’s there, even if they don’t need it…yet.
Be open to other protections – and look for common sense solutions. In the same way that most Canadian governments and employers didn’t see “family status” being interpreted more broadly, be prepared that there may be other protections not-yet anticipated. But no supervisor has to wait for a court ruling – if you get a request for some accommodation and you can do it, and your workplace supports it, then go for it.
Tip #16 — ENCOURAGE STRONG AND COURAGEOUS STANDS
Information which led to the #MeToo movement, let us know that many a Hollywood career was derailed or harmed when women tried to speak the truth to Harvey Weinstein’s sexual behaviour (regardless of criminal outcomes). He was so powerful in that industry that these women risked it all (or a lot) just by telling the truth about his behaviour.
Any workplace I’m involved in has nothing to do with movies, tv or entertainment in that industry. Still, in most workplaces, people find it difficult to stand up to someone in a position of power.
So what do you do when someone makes racist, sexist, homophobic or just plain inappropriate comments? What do you do when it's from a distinguished person? What do you do when you're caught off guard?
First, don't worry about being caught off guard. If words don't come to you immediately, collect your thoughts and find a way to say them later. If, however, someone else speaks up on the spot, support that person. You know what it took to say something.
Don't be afraid to return to the issue; it's never too late, even if what you wanted to say at the time comes to you in the middle of a meeting or a workplace gathering. If it's weighing on your mind, it's likely weighing on the minds of others.
Stick to the issue, and if the perpetrator wants to sidetrack the conversation by pointing out the bad habits of others, insist on sticking to this person's words that caused you to speak up. Whatever you do, don't try to soft-pedal a situation when strong words are warranted. On the other hand, there's no need to lambaste a person who made an outrageous comment, but it's really important the person knows your workplace won't tolerate such comments.
Be prepared to stand alone. Because most employees are conflict averse, you may find others unwilling to join you. You'll have to decide if it's worth it for you.
SUPERVISORY SUGGESTIONS:
Take on simple comments - before they become complex. Since most people who make inappropriate comments never or rarely get called on their actions, it's amazing what is accomplished just by speaking up in a very simple way. Don't wait for something to get bigger and therefore more difficult to handle.
Ask for assistance - It will be a sign of strength. Two heads and minds are much better than one.
Work on gradual change - if you need to. Sometimes it takes a while to get behavioural change. Don't give up. If it's right, it's right and in the long run you should win over most people. However, do keep in mind that if there is a violation of someone's rights and it takes a while to correct, the law applies today...not when you get around to correcting the problem. It might take a while, so get started sooner than later.
These are TIPS 15 & 16 of 26 BI-WEEKLY TIPS for managers and supervisors.
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