CBC/Radio-Canada employees were surprised to discover that personal information deemed sensitive relating to their sexual orientation, gender and religion ended up in their online personnel file. However, this information was provided “confidentially” following a diversity survey. Here is a lawyer’s analysis.
“Diversity surveys are not uncommon. Surveys are usually anonymous. The goal is to achieve the highest participation rate to ensure representativeness of diversity within the organization. (…) What is surprising is that the information has been added to the personnel file, which the HR department can access,” stresses Me Marianne Plamondon, a specialist in labor law, in an interview with Mario Dumont.
Last year, the Canadian Broadcasting Corporation invited its employees to voluntarily complete a survey as part of its Equity, Diversity and Inclusion program.
The information remained confidential in the personnel file, but there appears to have been “a management error,” according to the lawyer.
“We do not include the information in the employee file, it should remain anonymous.”
Questions related to prohibited reasons under the Canadian Charter of Rights and Freedoms cannot be asked by employers from candidates.
“Is the person pregnant? what is his religion What is his political affiliation? What is his sexual orientation?” the lawyer lists.
“But we can ask the person if they’re from a minority group, but there’s no way to find out the details,” she adds.
Employers have the right to conduct diversity surveys to learn more about diversity within the walls of an organization.
With information from the National Post
Watch the full interview in the video above.