If you think your workplace is affected by nepotism, you should do the following: To a large extent, the workplace is still based on the assumption that families are made up of two heterosexual parents married in a “traditional” way, one of whom provides full-time care to children, aging parents, and other family members as needed. Work schedules, policies and benefits too often reflect the assumption that employees do not have significant care responsibilities. The logical consequence of this assumption is the belief that workers who have important family responsibilities are, in some respects, inferior and unwanted workers. Questions about irregular schedules or the ability to travel may reveal the marital status of applicants and result in the exclusion of these individuals. Questions about a candidate`s ability to complete or travel these hours may only be asked if irregular working hours or regular travel constitute a bona fide professional requirement. For an operating by-law to be a bona fide occupational requirement, it must meet the examination set out in Division VI.1; As part of this review, the employer must prove that it would be impossible to remain without undue hardship. Employers should take steps to ensure that the workplace is “family-friendly” and has a positive work-life culture. Steps to achieve such a culture include: In addition, there are no minimum standards of employment fairness and transparency that prevent nepotism. Anti-nepotism can also flow in the other direction.
An organization cannot discriminate against or exclude individuals because of their marital status. Examples include care, where caregivers were denied grants or funding simply because they were related to the elderly or disabled. What is the difference between nepotism and favoritism? Favoritism is commonly used to talk about nepotism, nepotism, sexual favors, and “back scratching.” Nepotism is usually limited to favors for friends and family. The rights of employees and the obligations of employers and employees in government-regulated sectors are covered by the Canada Labour Code. The rights of foreign workers in Canada are also protected by federal or provincial/territorial labour laws. However, be careful, especially in jurisdictions outside of Ontario, when drafting an anti-nepotism policy to make sure it`s not too broad. One thing to keep in mind is that “total bans” can be discriminatory when hiring family members. Despite the absence of anti-nepotism laws, employers should still be aware that nepotism can be toxic to the workplace. Non-family employees may come to annoy family members or close friends hired by the employer. A feeling of bitterness can poison the workplace (source).
For example, an employer who wants to develop teamwork and camaraderie between employees organizes regular, non-mandatory social events outside of office hours for employees, where colleagues often share information about training and promotion opportunities and workplace events. Employees with family responsibilities who are not able to attend these events on a regular basis are beginning to find themselves “out of the loop” and at a disadvantage when it comes to accessing opportunities in the workplace. An organization may have a policy of nepotism or nepotism that may be reviewed by other policies such as hiring, promotion, evaluations, work assignment guidelines, etc. Conversely, nepotism can also become a cause of negativity. It is a misconception that nepotism can only negatively affect the workplace. A family member or friend can: Simply put, nepotism in the workplace means giving beneficial opportunities to family or friends at work. There are countless examples: a business owner who invites his or her son or daughter to a summer internship; hiring a family member in a position that has declined an internal promotion; or the awarding of a contract to a company owned by a family friend. Nepotism in the workplace occurs when a person is selected for a job or receives special treatment at work due to a close relationship with a person in a position of power.
Here are some examples of nepotism in the workplace: If you encounter nepotism at work, the most important thing is not to jump to conclusions. Just because you hire a family member or friend doesn`t mean they`re unqualified or unqualified. Look at the situation objectively instead of having a negative outlook from the start. Article 24: Although the policy of nepotism and the fight against nepotism make a clear distinction between marital status, the Code expressly authorizes such measures in the context of employment. Subsection 24 allows an employer to grant or refuse employment or an advance on employment to a person who is the spouse, child or parent of the employer or employee. The Commission considered that such a rejection or preference should be based on policy and not on an ad hoc basis. [55] The Code does not require an employer to prove that its policy of nepotism or anti-nepotism is a bona fide occupational requirement.[56] The policy may refer to the hiring or promotion of employees. For example, an employer may give preference to the children of employees who hold summer jobs. However, it is important to note that this exception does not allow employees to be fired after they have been hired. Nor does it appear to allow for different conditions of employment outside of recruitment or promotion. For example, family members could not be paid more than others in the same job. [57] Nepotism is legal.
In Ontario, there is no law or customary law that makes nepotism illegal. Employers are free to have nepotism in the workplace. The Statutory Employment Equity Program (CEAA) requires government-regulated organizations and businesses to report annually on the number of individuals from the four named groups who are represented in their workplaces. They must also show the steps they have taken to obtain full representation. Canadian laws protect all workers in Canada, including foreign workers. In Canada, foreign workers have the right to: At what point does the praise and reward of a high-performing employee become favoritism? When is hiring a family member in the organization “preferable”? Is there anything employers can do to reduce nepotism and favouritism in the workplace? In addition, nepotism can lead to a conflict of interest. Everyone remembers the story of The Office where Michael was with Jan while she was pursuing the company at the same time. The Code makes an exception for nepotism and anti-nepotism. Paragraph 24(1)(d) of the Code specifically allows employers to grant, refuse or advance employment to a person who is the employee`s spouse, child or parent. For example, an employer may have a policy that spouses, parents or children cannot be employed in positions where one would report to the other. An employer could also have a policy that gives the children of current workers preferential treatment for summer employment. If such policies are in place, an employer may ask during the hiring process whether a candidate is the child or parent of a current employee.
The following describes some workplace policies and practices that often present barriers for individuals identified by marital status. Employers should carefully review their policies on these issues to determine whether they may pose barriers under the Code and, if so, whether they are bona fide requirements. Are you facing a trial for nepotism? Talk to Soni Law to understand what case the complainant might have. We help you resolve the dispute sparingly and take steps to prevent lawsuits from occurring in the future. Canadians have the right to be treated fairly in jobs free from discrimination, and our country has laws and programs to protect that right. .