![]() For example, an employer may have breached the Code if an older worker is not given opportunities to improve through performance management because of a perception that the performance is linked to age, or if a worker is subjected to a higher level of scrutiny because of another Code ground, such as sex or sexual orientation.Īt the same time, discipline should not be based on or linked to discriminatory assessments or criteria.Įxample: A young female account manager is given a written warning and denied a bonus because her performance is not on par with her colleagues. b) Principles behind discrimination-free disciplineĮmployers should make sure that performance management, and other forms of discipline, are carried out in a way that is non-discriminatory and is not based on stereotypes or discriminatory criteria. This could be viewed as sex discrimination. The discipline applied in a particular situation should be consistent with the organization’s established policies and history of disciplining employees.Įxample: A pregnant employee is not provided with a written evaluation of her performance, is given less time than other employees to meet performance objectives and is demoted before leaving for maternity leave. Discipline should range from verbal warnings to written warnings to termination and be based on objective criteria. This may affect some racialized persons, newcomers, older persons, women or persons with disabilities who may have had past experiences of discrimination or cultural differences that make it more difficult for them to “sell themselves.” ii) Progressive discipline:Ī best practice is for an organization to have clearly defined policies relating to disciplinary processes and outcomes. One example is if an employee is asked to rate him or herself and then discuss this with the manager. ![]() Some performance evaluation systems may have an adverse impact on persons identified by the Code. Despite the existence of this “paper-trail,” the employer’s actions will be closely scrutinized in the event of a human rights complaint. Ultimately, he receives a letter of termination based on his negative performance evaluations over the previous six months. Although objectively, the employee’s performance is no worse than it has always been, and no different than that of his colleagues, his personnel file suddenly becomes filled with reports of issues with his performance. He is asked to meet with his supervisor every month to discuss his performance. A racialized employee raises concerns about discrimination and shortly afterwards his supervisor begins a process of performance evaluation. When employers do not have good practices in place or do not follow the normal practice of performance evaluations, they leave themselves open to allegations of discrimination within their organization.Įxample: An employer rarely does performance evaluations and is somewhat lax about performance management – usually relying only on undocumented verbal warnings. This is for the benefit of both the employee and the employer. The process for, and frequency of, performance evaluation should be set out clearly so that all managers, supervisors and employees know what to expect. Such evaluations must be conducted regularly, consistently and fairly. Performance appraisals and evaluations provide a tool for employees to know whether or not they are meeting expectations and to have an opportunity to improve. It is in an organization’s best interest to follow good human resources practices, such as regular performance appraisals and documented progressive performance management of all employees. ![]() ![]() A progressive performance management approach that takes into account accommodation needs, and is consistently applied and documented, is a best practice. The Commission recognizes the right of the employer to manage its workforce, including relying on discipline when necessary. ![]()
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