9 Analyze and assess examples of ePortfolio writing (Knowledge Capture)
The knowledge capture section asks you to complete three distinct writing tasks: summarize, explain (with examples), and state implications. Below, you will find a description of the key characteristics of each section, and an example of how you would construct these sections (note: the example covers one topic; a knowledge capture page would include multiple topics with each of these three sections).
1. Summary
The first part of a knowledge capture section asks you to summarize the most relevant points on the topic. The summary in this assignment is created from your own knowledge. Think of how you would explain the key concepts if you were teaching them to someone else, or creating a resource that explains the topic. If you have been regularly writing summary sections each week (as is recommended), you should simply be able to move them to this part of your ePortfolio page.
The summary should not involve significant paraphrasing or quotation (but, if you have a small amount, you must cite).
Recruitment and Selection: Human Rights and Discrimination
Recruitment and selection (“R&S”) refer to Human Resources activities to generate an applicant pool of qualified candidates and from that pool, select the most qualified candidate to fill a given position.
The first step of R&S looks at deciding what the job entails, including a summary of the key skills, knowledge, aptitude and other factors required to do the job. In considering the requirements for the job, a person cannot be discriminated against on prohibited grounds. Exemptions may only be made for bona fide occupational requirements.
How would you evaluate this student’s execution of the summary:
| Grade /5 | Rationale (Why did you assign this grade?) | |
| Summarizes key course material in the student’s own words with minimal quotation/citation from other sources | ||
| Presents key information concisely | /5 | |
| Sentences use clear and business-appropriate language | /5 |
Key takeaway: What principles can you apply to your own summary section?
2. Explanation of the law
In this section, you are required to provide a broader explanation of the law. You will use specific information from the course readings, and beyond. You will likely want to refer to significant cases that inform this section of employment law, as well as relevant statutes. Your explanation should include your own additional research, and go beyond the material presented in the course.
For employers in federally regulated industries, the Human Rights Act defines the prohibited grounds of discrimination as “race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.” (Canadian Human Rights Act. R.S.C., 1985, c. H-6, s 3(1)).
For employers in provincially regulated industries, in British Columbia the Human Rights Code(“BCHRC”) prohibits discrimination in employment advertisements on the basis of “race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age unless the limitation, specification or preference is based on a bona fide occupational requirement.” (Human Rights Code, RSBC 1996, c. 210, s(11)). Throughout employment and in making an offer of employment, the BCHRC also prohibits discrimination on the basis of “race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age of that person or because that person has been convicted of a criminal or summary conviction offence that is unrelated to the employment or to the intended employment of that person.” (Human Rights Code, RSBC 1996, c. 210, s(13)).
Bona Fide Occupational Requirement (BFOR): There are specific circumstances where an organization may be required to “discriminate for justifiable business reasons” (Zinni, Mathis, & Jackson, 2011). A BFOR is defined as “a justifiable reason for discriminating against a member of a designated group” (Zinni, Mathis, & Jackson, 2011).
Meiorin test
The Meiorin test “requires employers to consider accommodation before an employment rule is adopted and allows exemptions only when reasonably necessary” (Zinni, Mathis, & Jackson, 2011). The Meiorin test includes three steps that determine whether a standard that is discriminatory is truly a BFOR. The three steps in the test are:
- There is a rational connection between the standard and what is required to perform the job.
- The standard was adopted in good-faith that it is necessary for a legitimate work-related purpose.
- The discriminatory standard is necessary to accomplish the employer’s intended purpose. The employer must be able to demonstrate that another form of reasonable accommodation is not possible. (Canadian Human Rights Reporter Inc, 2013).
For the third test, the employer must show that there would be an accommodation that causes undue hardship in order to justify the discrimination. (British Columbia (Public Service Employee Relations Commission) v British Columbia Government Service Employees’ Union, 1999 3 SCR 3). It is important to remember that an employer must pass all three tests, as failing one of the tests may result in legal action against the employer.
| Grade /5 | Rationale (Why did you assign this grade?) | |
| Includes relevant cases or statutes | /5 | |
| Identifies the specific aspect of the case that prove/disprove the law in the situation (ie. does not simply re-state the entire case) | /5 | |
| Demonstrates additional research beyond course readings | /5 | |
| Bases conclusion on the law (not personal ethical/moral opinions) | /5 | |
| Sentences use clear and business-appropriate language | /5 | |
| APA used correctly (where appropriate) | /5 |
3. State implications: What an HR professional can do to avoid liability?
In this section, you focus on what the aspect of employment law means for you and for other HR professionals. You will frame your answer by considering what organizations must do to avoid liability. Include policies that you would develop, and ways that you would work with the employer and employee. Be specific! You may find it helpful to organize this information in chart form, with specific actions indicated for each aspect of the law.
Job analysis: An important first step in avoiding liability is to perform a job analysis before filling a position. This job analysis indicates and supports the key skills, knowledge, and education that are required to successfully perform the tasks of the position. If the HR professional determines that a requirement that may be interpreted as discriminatory is necessary, the reasons that the condition is a BFOR should be identified and recorded.
Advertisements: Job advertisements should be written in a way that does not include any grounds for discrimination. Additionally, employers must avoid asking applicants to provide information that could lead to discrimination; this means that employers should not ask applicants to provide information on age, ethnicity, religion, country of origin, past criminal convictions, or any other characteristic that is protected within human rights legislation.
Interviewing and selection: Interview should be conducted using standardized questions, with care taken that questions do not require disclosure of information that could be considered grounds for discrimination. Questions should focus on ascertaining whether the applicant has the required skills, knowledge, and education for the job. The employer is required to select the most qualified employee for the position, and is required to make reasonable accommodations for that employee’s needs.
| Grade /5 | Rationale (Why did you assign this grade?) | |
| Identifies most/all clear implications of employment law | /5 | |
| Provides specific steps/plans/policies that indicate how the organization can avoid liability | /5 | |
| Writes in the position and with the knowledge of an emerging HR professional | /5 |
References
British Columbia (Public Service Employee Relations Commission) v British Columbia Government Service Employees’ Union, 1999 3 SCR 3
Canadian Human Rights Act. R.S.C., 1985, c. H-6, s 3(1)
Canadian Human Rights Reporter Inc. (2013). New test for reasonable accommodation. Retrieved August 14, 2019, from https://www.cdn-hr-reporter.ca/hr_topics/systemic-discrimination/new-test-reasonable-accommodation
Employment Standards Act, RSBC 1996, c. 113
Human Rights Code, RSBC 1996, c. 210, ss. 11, 13
Zinni, D. M., Mathis, R. L., & Jackson, J. H. (2011). Human resource management (Canadian ed.). Toronto, ON: Nelson Education Ltd.
