ConfSync

CONFERENCE

HR &
Operations
#17

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Case study

⚖️ Scenario 1: “The High Performer and the Hybrid Denial”
Topic: Employment Standards & Human Rights Law

Context: Your Vancouver-based tech company shifted from 2 to 4 mandatory in-office days/week.

Employee: Jenifer (34), senior analyst, requests to stay at 2 days/week due to eldercare responsibilities. Strong performance record.

Leadership Viewpoint: “We’re rebuilding culture. If we say yes to one person, others will expect the same.”

Tensions:

  • Jenifer hints at a human rights accommodation but hasn’t filed formally.
  • Colleagues (especially racialized/immigrant) are observing closely.
  • Company markets itself as “DEI-forward, family-inclusive.”

Legal/Policy Considerations:

  • BC Human Rights Code: duty to accommodate family status
  • Risk of systemic discrimination
  • Distinction between preference and protected accommodation

Discussion Questions:

  • What documentation is needed to justify granting or denying?
  • When does “consistency” in policy become discriminatory?
  • How would this differ in a large vs small firm?
🔵 Scenario 2: “The Unspoken Bias”
Topic: Harassment, Equity, and Psychological Safety

Context: Rohan (25), a developer, reports discomfort after a manager’s remark about “Indian accents.” He doesn’t want to escalate.

“It’s not worth starting something over this. But it did make me feel like I don’t belong here.”

HR Background:

  • Manager is known for jokes but leads high-performing teams.
  • Others have hinted at similar remarks but never reported.
  • Company is launching a cultural sensitivity campaign next quarter.

Legal/Policy Considerations:

  • BC Human Rights Code: protection against race/ethnicity discrimination
  • Psychological safety and respectful workplace obligations
  • Employer duty to prevent a poisoned environment

Discussion Questions:

  • What’s your threshold for informal intervention?
  • How would you balance confidentiality and accountability?
  • How can HR surface patterns without formal complaints?
🟢 Scenario 3: “Mental Health Behind the Metrics”
Topic: Privacy, AI in HR, and Mental Health Accommodation

Context: Your company uses performance analytics (output, availability, responsiveness). Jonny (38) is flagged for low engagement.

Off-Record Info: Jonny is divorcing and seeing a counsellor. No formal disclosure.

Manager’s View: “He’s falling behind. If the system flags him, I need to act.”

Jonny’s Profile:

  • 10 years at the company, previously high-performing
  • Quiet, introverted, avoids social events
  • Lives alone

Legal/Policy Considerations:

  • BC Human Rights Code: duty to accommodate mental health/disability
  • PIPA: BC privacy law in handling sensitive information
  • AI limitations in workplace decision-making

Discussion Questions:

  • When should HR trigger the duty to inquire?
  • Should AI data trigger formal performance steps?
  • What privacy concerns limit your actions?

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