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Fair HR is built in the small decisions
FairnessHR OperationsStandards
Jul 5, 20267 min readHR Guide

Fair HR is built in the small decisions

Fairness at work is often shaped by ordinary hiring, employee-relations, accommodation, and manager decisions made when everyone is busy.

A lot of HR questions arrive while someone is trying to get through the rest of their day.

Can we move forward with this candidate? Can we give the temporary assignment to the person who already knows the work? Can we issue the warning today?

The manager usually has a real problem to solve, and HR is expected to help quickly. I understand that pressure. I have also learned that an answer can feel obvious before we have enough information to know whether it is fair.

The organization may have a policy, and HR may have handled something similar before. The manager’s recommendation may also be reasonable.

I still want to understand how the decision was reached, who had access to the process, and whether the facts support the conclusion.

From my own experience

Some of my thinking about fairness comes from being on the receiving end of workplace decisions too. I have experienced how difficult it can be to enter a role with high expectations, a short ramp-up period, and limited support when questions come up. I have also watched people in similar roles receive more time, guidance, or flexibility. There may have been reasons for those differences that I was not aware of. I do not think every employee needs the exact same training plan or ramp-up period. But people should understand what is expected, what support is available, and why a different approach is being used. When that explanation is missing, employees start comparing treatment and trying to work out the standard for themselves. That experience has stayed with me and changed how I think about fairness in HR.

Access to opportunity

A manager needs someone to take on a temporary lead responsibility.

There is one employee they already trust. The employee knows the work, has helped the team before, and can step in without much training. From an operational point of view, the recommendation makes sense.

The question I would want to understand is:

How did they become the only person who was ready?

Maybe they were the only practical choice. The assignment may also be too short or urgent for a larger process. HR cannot turn every temporary responsibility into a formal competition.

It is still worth looking at how these opportunities are normally shared. Were employees aware that acting assignments or special projects became available? Has the same person received several informal opportunities that helped them gain the experience now supporting the next decision?

These choices can look small when they are made. Over time, they affect who becomes visible and who can point to leadership experience when a permanent role opens.

Reviewing the process may confirm the manager’s recommendation. It may also show that the next opportunity should be handled differently.

Recruitment has its own version of this issue.

In high-volume hiring, small inconsistencies become easier to notice. One candidate receives several follow-up questions. Another is expected to give a complete answer without prompting. One person is described as confident, while another is called quiet or not polished enough.

Those comments may be relevant to the role, but they can also become shortcuts. The stronger question is what evidence the candidate provided and which job requirement it demonstrated.

A candidate who tells a perfectly organized story may be easier to interview. That does not always mean they gave the strongest job-related example.

Structured interviews can help by giving the panel a shared set of questions and criteria. The Public Service Commission of Canada describes structured interviews as one way to support merit-based assessment in the federal public service. Its guidance is not a universal legal requirement for every Ontario employer, but it is a useful reference for reducing avoidable inconsistency. [1]

The Commission also provides guidance on examining assessment methods for potential biases and barriers during planning, administration, and scoring. [2]

The interview can still feel like a normal conversation. Candidates can be welcomed, asked neutral follow-up questions, and given time to explain their experience while everyone is assessed against the same job requirements.

Ontario human-rights guidance also recommends advising candidates that accommodation is available during interviews or testing. [3]

Accountability and judgment

Employee-relations concerns often reach HR with a conclusion already attached.

The employee has a bad attitude. The absences are suspicious. The manager is unfair. The two employees have a personality conflict.

These descriptions may point toward a real issue, but they are still labels. HR has to work backwards and understand what happened.

A manager may be frustrated with an employee’s attendance and want to move directly into discipline. The team has been covering the absences, and the manager feels the pattern has gone on too long.

HR still needs to confirm the dates, the reporting process, what expectations were communicated, whether earlier coaching took place, and what explanation the employee has provided. There may also be information suggesting that disability management or accommodation needs to be explored.

The issue may involve a failure to follow the reporting process, an attendance-management concern, an accommodation need, or more than one issue at the same time.

The goal is to hold the employee accountable for the right thing.

A manager may also say, “We gave someone else a warning for this, so we have to do the same thing.”

Looking at earlier cases can be important. In a unionized workplace, the collective agreement, past practice, previous decisions, policy language, and the individual facts may all need to be considered.

An earlier outcome is a reference. It cannot decide the current case on its own.

Two situations may involve similar behaviour, but the expectation was only clearly communicated in one. One employee may have received previous coaching. The current case may include medical information or another circumstance that was not present before.

I have become more careful when someone says, “We need to be consistent.”

Consistent about what?

The rule? The opportunity to respond? The facts being considered? The level of documentation?

Consistency should protect employees from arbitrary treatment. Repeating an earlier outcome without checking the facts can create a different problem when the cases are not truly comparable.

A fair HR decision check

  • ?What do we know, and what are we assuming?
  • ?Was the expectation or selection criterion clear before the issue arose?
  • ?Has the person had a meaningful opportunity to participate or respond?
  • ?Is there a barrier or individual circumstance that needs to be considered?
  • ?Are the earlier situations genuinely comparable?
  • ?Could we explain this decision later using the record we are creating now?

A checklist cannot make every HR decision fair. It can expose the places where a quick conclusion is carrying more weight than the facts.

Access to support

Accommodation is another area where the written process and the employee experience may be very different.

A policy can explain that accommodation is available, but an employee may still have no idea where to begin. They may be unsure whether to contact their manager, HR, a disability-management provider, or someone else. They may also be worried about what information is required and who will receive it.

Ontario human-rights guidance explains that accommodation must be considered individually and provided to the point of undue hardship. Depending on the circumstances, this may require changes to a rule, policy, procedure, or workplace requirement so that a person can participate equally. [4]

Ontario’s accessibility standards also contain employment-related requirements in areas such as recruitment, accessible information, return-to-work processes, performance management, and career development. The specific obligations can depend on the employer and the requirement involved. [5]

Those are legal and accessibility obligations. How clearly the organization explains the process and follows up is also a matter of practical HR judgment.

An employee should not have to understand the organization’s internal workflow before they can ask for support.

They need a clear entry point and an explanation of what happens next. Managers also need guidance so they do not improvise or ask for information they should not be requesting.

A policy on its own does not tell us whether employees can actually use the process.

When separate comments start to connect

Exit interviews have made me pay more attention to repetition.

One employee may say they were never sure how acting assignments were decided. Another may talk more generally about not seeing a path to grow. Someone else may say that opportunities seemed to come through informal conversations they were not part of.

The wording is different, and each person may be describing a separate experience. Taken together, the comments give HR a reason to look more closely at how opportunities are communicated.

The Ontario Human Rights Commission explains that quantitative and qualitative information, including employee experiences, can help organizations identify and monitor human-rights concerns when information is collected for a clear purpose and handled responsibly. [6]

HR work is often organized one process at a time. The exit interview is summarized. The recruitment file is closed. The employee-relations concern is resolved.

Recurring comments across those separate processes may be pointing toward the same concern. They tell HR where another question may be needed.

The Fair HR Check

“Is your workplace fair?” sounds like a useful question, but most people do not have enough visibility to judge an entire organization.

The Fair HR Check focuses on what the reader has personally experienced or directly observed during the past year. It looks at where fair practices were visible, where experiences seemed inconsistent, and where the reader did not have enough information to answer.

Embed

The Fair HR Check

Interactive reflection

A short check of everyday workplace practices

Answer 15 questions across five areas based only on what you personally experienced or directly observed during the past year.

About four minutesPrivate in your browser

About this reflection

The Fair HR Check is a reflection rather than a legal assessment or final judgment about an employer. Different answers from people in the same workplace may be useful information on their own.

One more question

Most of the situations in this post begin the same way they do in real HR work: someone needs an answer, the issue is already affecting the workplace, and there is pressure to move.

I do not believe every decision needs to become a long process. Managers still need practical support, and HR still has to make judgment calls with the information available.

I have just become less comfortable with an answer that feels obvious before I understand the facts, who had access to the process, and what may be different about the situation.

Sometimes the manager’s first recommendation is still the right one.

Sometimes it is not.

That is usually when one more question matters most.

References

  1. [1]Public Service Commission of CanadaAppointment processes: how to conduct interviews
  2. [2]Public Service Commission of CanadaGuide to Mitigating Biases and Barriers in Assessment
  3. [3]Ontario Human Rights CommissionInterviewing and making hiring decisions
  4. [4]Ontario Human Rights CommissionDiscrimination based on disability and the duty to accommodate: Information for employers
  5. [5]Government of OntarioAccessible workplaces
  6. [6]Ontario Human Rights CommissionCount me in! Collecting human rights-based data
Maria Khan

Author

Maria Khan

People & Culture operator focused on employee relations, HR operations, compliance, and workforce change.

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