Employment Equity An Overview

The goals of this discussion are: to build common understanding of when this issue is important for women's equality to identify common bargaining of Employment Equity goals on the issue to build enthusiasm to go back to our locals/sectors/ regions to make bargaining gains on the issue of Employment Equity

What is EE? A term coined by the 1984 Abella Royal Commission to distance their work from “Affirmative Action”, an emotionally charged U.S. term, often wrongly labelled as “reverse discrimination” or “quota systems”. Defined in the Abella Report as “employment practices designed to eliminate discriminatory barriers to provide in a meaningful way equitable opportunities for employment”. A workforce that is representative of the surrounding community at all levels and in all occupations in the organization.

How is EE Achieved? The identification and elimination of barriers in employment policies and practices with respect to recruitment, hiring, retention, treatment and promotion. Implementation of temporary positive measures that are used to increase the representation of designated groups at a faster rate, to make up for past discriminatory practices. Implementation of supportive measures that improve the quality of the workplace for all workers.

Who are the Designated Groups? Designated groups are those groups of workers who are historically underrepresented in the general workforce, are often under-employed, earn less and/or are clustered into certain (often marginalized or entry level) occupations more than other groups of workers. EE programs and legislation generally include women, Aboriginal people, persons with disabilities and Racialized people. Some organizations include LGBT people, Francophones and/or young people.

What are Barriers? A barrier is generally a form of discrimination – either direct or systemic. Direct Discrimination – a wilful, conscious act to discriminate against a group or groups of people. Systemic Discrimination – historically established practices and policies that have the unintentional result of discriminating against a group or groups of people.

Examples of Barriers Recruitment – how an Employer attracts people for jobs Jobs advertised only in the Human Resources office Jobs are filled by word of mouth Selection – how an Employer chooses the “best” candidate for the job White male manager alone selects candidate with no definite criteria or questionnaire Job selection criteria are designed to pick a specific candidate

More Examples of Barriers Classification – how an employer decides job duties and job worth Jobs done mostly by designated group members have little chance of advancement. Jobs done mostly by designated group members are undervalued in comparison to other jobs. Promotion – how an employer decides who will advance and how Promotion criteria are not related to the job Individuals are given temporary positions that give them an unfair advantage when the position is filled on permanent basis.

More Examples of Barriers Training – who gets training: type, frequency, conditions Only male-dominated or “professional” jobs get training. Training is provided on weekends with no child care provided. Working Conditions (hours of work, working atmosphere, physical job site) Designated group members regularly experience harassment. Workplace is inaccessible for persons with disabilities.

What can the Union Do? Negotiate Employment Equity language and enforce it. Outreach to Designated Group Members to ensure our Union is representative of the Community we live in Bargain and enforce No Discrimination / No Harassment language in our Collective Agreements Mandate Human Rights Training for Local Officers Ensure Employer complies with applicable Human Rights Legislation and Employment Equity Programs Lobby for Employment Equity Legislation

Federal Contractors Program Introduced in 1986 – policy administered by Employment and Immigration Canada Applies to suppliers of good & service to the Federal government with at least 100 employees who are bidding for federal contracts worth at least $200,000. Contractors must eliminate barriers to employment and improve employment status of designated groups in all levels of employment.

Steps to Employment Equity: A Sample Conduct Workforce Survey Gather and Analyze Census Data for defined Community Conduct Employment Systems Review – includes analysis of written and unwritten employment policies and practices. Negotiate Employment Equity Plan Establish numerical goals and timetables Identify measures to eliminate barriers Identify positive measures to offset past discriminatory practices Identify supportive measures Establish ongoing process including regular Workforce Surveys and established reviews of the impact of the Measures implemented through the Plan.

Examples of Barrier Elimination Measures Advertise external job openings in variety of media, including community-based media Eliminate testing and other selection criteria not related to the requirements of the job Fair assessment of prior learning, non-Canadian credentials and experience

Examples of Positive Measures Funding for training and apprenticeship positions Select a member of designated group when qualifications and seniority relatively equal in a job competition Targeted outreach to designated group communities Provide sensitivity courses related to designated groups Establish bridging positions to enable designated group members to gain qualifications and experience needed to advance

Examples of Supportive Measures Implement work-family balance policies such as child-care or elder care Flexible work programs e.g. job shares Mentoring programs Anti-harassment programs and policies Accommodation measures Recognize that there is more than one way of doing things

Why should we make EE a priority? Discrimination in any form violates our Union principles – An Injury to One is An Injury to All. It is simply the right thing to do. Unions are about positive change. A diverse workplace enriches all of us. Discrimination is illegal.

The Final Word to Judge Abella “It is not that individuals in the designated groups are inherently unable to achieve equality on their own. It is that the obstacles in their way are so formidable and self-perpetuating that they cannot be overcome without intervention. It is both intolerable and insensitive if we simply wait and hope that the barriers will disappear with time. Equality in employment will not happen unless we make it happen.” Report of the Commission on Equality in Employment, Judge Rosalie Abella, Commissioner, 1984. JM:dm COPE491 February 9, 2009