Effectively identifying and navigating subtle discrimination: A must-do list for employers
By Lynn Iding, CPHR, CCIP and Sheila Mecking
Interested in understanding the impacts of subtle discrimination on your business? Curious about the latest legal developments in racial discrimination? Looking to explore practical strategies for mitigating bias, recognizing subtle and systemic discrimination, and promoting a more inclusive workplace?
Join Stewart McKelvey Partner Sheila Mecking and Inclusion Strategist Lynn Iding in an upcoming webinar discussing these topics and more on Friday, April 25th at 10 am ADT.
For more information, and to express an interest in attending, email events@stewartmckelvey.com.
In conjunction with the International Day for the Elimination of Racial Discrimination, the New Brunswick Human Rights Commission has issued a new resource for employers – Guideline on Race Discrimination.
The Guideline outlines best practices for employers to understand, identify and effectively remediate instances of racism in its many forms. While the Guideline focuses on racism, much of the content is applicable to discrimination on other grounds as well.
While many companies are equipped with policies and procedures to identify and remediate overt acts of discrimination, this guideline, along with recent development in case law, highlights the critical importance of being equipped to prevent, identify and remediate the more complex issues of subtle discrimination.
Manifestations of subtle discrimination
Overt acts of discrimination, such as refusing to hire someone because of their race or gender, are much easier to identify than more subtle forms of discrimination. They are also likely easier to remediate, as many workplace policies are written in contemplation of complaints of overt acts. Other, more subtle forms of discrimination are often more difficult to prevent, identify and remediate. Unfortunately, they are also more common and insidious than overt acts of discrimination.
Preventing and addressing subtle discrimination
Having an anti-discrimination policy and training management and staff on its application is only a baseline starting point. To effectively identify and navigate subtle discrimination, it is important that employers do the following:
- Ensure that all members of the organization are thoroughly trained on unconscious bias and cross-cultural competence. Ensure that members of the organization fully understand the dynamics around microaggressions. Such training should be applied to recruitment, performance management and all other core people management functions.
- Ensure that people management processes are cross-culturally sound and are set up to prevent and mitigate bias. Note that positive intentions and one-time training sessions are not sufficient.
- Review policies, practices and workplace cultures to detect possible structural bias issues.
- When an individual alleges discrimination, ensure a proper investigation is completed. In the context of racial discrimination, it is important that the investigator be equipped with the right competencies to properly assess those complaints.
This client update is provided for general information only and does not constitute legal advice. If you have any questions about the above, please contact a member of our Labour & Employment Group.
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