complacent in the way we think and we accept
it for what it is.” He says that moving
out of a safe or complacent place is what
is necessary.
As HR managers receive and look at
candidates, they need to ask themselves if
their “gut” feelings are, in fact, biases and
what the evidence is for their thoughts.
“Even if we just take this into our own
minds and ask ourselves, ‘Is my decision
a bias?’ And if that can happen, we
can change our decisions as a result of
changing our bias and thereby change our
feeling,” said Rehman.
Janice Gair says HR managers must
recognize that we all come with our own
“stuff ” to the workforce. A 20-somethingyear
old might be set in their ways,
whereas a 60-something-year-old might
be more adventurous and open to ideas.
It’s never the same or what the stereotypes
might suggest.
EDUCATION AND THE
OLDER WORKER
Canada, as it turns out, has more people
with jobs below their education
level than any other OECD country, says
Bountrogianni. And older workers, after
having fulfilled many of their family
obligations or after having been laid off,
are going back to school, she says, with
10 per cent of the over-55 crowd taking
design courses.
“It’s never too late. Analyze the reasons
why you want to come back, look
at the options and get advice, as well,”
she said.
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Diversity is another issue discussed at
the panel that becomes part of the larger
business case for hiring older workers.
“Does your work demographic mirror
the demographic of the community?” said
McMullen. “Because that primarily is your
source of recruiting. And if it doesn’t mirror,
you need a very strong reason why it
doesn’t reflect an age-diverse workforce.”
He argued that not having diversity
within the workforce is not sustainable
because you end up becoming an “outlier”
in the community, rather than a company
that is properly diversifying its workforce.
From a legal perspective, Bernardi says
that age discrimination is often at the bottom
of the list for HR professionals, but
that low prioritization isn’t reflected in
the law.
“At its core, if you get somebody that
files a complaint and goes to a tribunal,
the court is not going to say, ‘It’s age and
it’s not that big a deal,’” she said. It will be
examined the same way as any discrimination
is examined, and HR managers
should not minimize it.
Decisions like hiring or others need
to be considered in terms of how they
can be defended – not so much to one’s
boss or manager but to a tribunal. HR
and others need to ensure their decisions
are defendable.
An attendee at the panel, Chantal
Fraser, lieutenant-colonel (retired), CD,
MBA and vice president
of consulting
firm Empowered Path Inc., said she is a
big believer in diversity and had not yet really
looked into ageism.
“I enjoyed how the talk progressed
from what ageism is to the legal liability
aspect and the advocacy piece at the
end. All knowledge is good knowledge,”
she said, and it will come in handy at
some point in her consulting. “As a mentor
within HRPA, it’s as important to
me to encourage older workers what they
will do next as it is for me to encourage a
younger person.” n
Editor’s note: For more information
about career development for older workers,
read the article “Career Development
and Nonretirement,” starting on page
31 of the January 2016 issue of HR
Professional magazine, and available
online at www.hrpatoday.ca.
“IF YOU GET SOMEBODY THAT
FILES A COMPLAINT AND GOES
TO A TRIBUNAL, THE COURT IS
NOT GOING TO SAY, ‘IT’S AGE AND
IT’S NOT THAT BIG A DEAL.’”
– LAUREN BERNARDI, BERNARDI HUMAN RESOURCE LAW LLP
56 ❚ MAY/JUNE 2016 ❚ HR PROFESSIONAL