Affirmative Action and Employment Equity March 18, 2002

Employment Equity: What is It? employment equity (def): ensuring that employers identify and remove employment barriers...and take appropriate special measures to ensure the representation of disadvantaged groups consistent with their availability in the labour force

Employment Equity: Why? groups in society that have faced historical and continuing discrimination systemic barriers to employment of disadvantaged group underrepresented in overall workforce underrepresented in specific industries/job categories – e.g. pink ghetto underrepresented in upper management – e.g. “glass ceiling” time alone will not correct the problem – requires government intervention

Canada and the United States which is more likely to adopt employment equity? why? – political culture equality of opportunity equality of results

Canada and the United States which is more likely to adopt employment equity? why? – political culture equality of opportunity (United States) equality of results (Canada)

Canada and the United States which is more likely to adopt employment equity? why? – political culture equality of opportunity (United States) equality of results (Canada) – context...

Context – “The American Dilemma” strong American commitment to political principles strong American commitment to political principles – egalitarianism – “all men are created equal” – individualism and personal liberty emphasis on freedom from government emphasis on freedom from government history of slavery, racism and segregation history of slavery, racism and segregation – history in conflict with principle of egalitarianism – solutions (usually relying on government) in conflict with principle of individualism and limited gov’t

Affirmative Action in the United States – “Keys to the Kingdom” Equal Pay Act 1963 Equal Pay Act 1963 Civil Rights Act 1964 Civil Rights Act 1964 affirmative action affirmative action “You do not take a person who, for years, has been hobbled by chains...and then say you are free to compete with all the others, and still just believe that you have been completely fair.”Lyndon B. Johnson, 1965 “You do not take a person who, for years, has been hobbled by chains...and then say you are free to compete with all the others, and still just believe that you have been completely fair.”Lyndon B. Johnson, 1965 programs and policies to actively encourage/enforce proportional representation of disadvantaged groups programs and policies to actively encourage/enforce proportional representation of disadvantaged groups

Affirmative Action in the United States – “Keys to the Kingdom” affirmative action affirmative action AA in federal public service by presidential executive order (1965-) AA in federal public service by presidential executive order (1965-) federal contractors program (1965) federal contractors program (1965) university admissions university admissions public school integration (including forced bussing) public school integration (including forced bussing) – characteristics focus on numerical targets for proprotional representation focus on numerical targets for proprotional representation quotas quotas

Affirmative Action in the United States – The Denouement Bakke v. UCal Davis, 1978 Bakke v. UCal Davis, 1978 federal contractors program under Reagan federal contractors program under Reagan “...affirmative action under the contract compliance program ceased to exist in all but name after 1980.” J.S. Leonard, 1994 “...affirmative action under the contract compliance program ceased to exist in all but name after 1980.” J.S. Leonard, 1994 Hopwood v. Texas, 1996 Hopwood v. Texas, 1996 Proposition 209 (California, 1996) Proposition 209 (California, 1996) by the mid-1990s, affirmative action seriously under challenge... by the mid-1990s, affirmative action seriously under challenge...

Employment Equity in Canada Canadian Charter of Rights and Freedoms: – S.15(1): Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Employment Equity in Canada Canadian Charter of Rights and Freedoms: – S.15(1) – S.15(2): Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical ability.

Employment Equity in Canada Employment Equity Act and Federal Contractors Act – adopted in 1986 (amended 1995) – applies to... federal public service federally regulated sectors (e.g. banking) contractors (>$200,000) with the federal goverment (with more than 100 employees) 5% of Canadian labour force

Employment Equity in Canada legislation target groups aboriginals disabled visible minorities women

Employment Equity in Canada legislation/target groups requirements employers required to collect data on target groups attempt to identify reasons where under- representation occurs identify barriers to employment implement plan to remove barriers set own goals (including timetables) for addressing under-representation

Employment Equity in Canada legislation/target groups/requirements issues (i.e. potential barriers to employment) job assignment training compensation (pay equity) promotion terms and conditions of employment workplace culture/climate

Employment Equity in Canada legislation/target groups/requirements/issues limits no quotas cannot be required to hire unqualified persons requirements cannot cause “undue hardship” cannot be required to create new positions – compliance does not mean having representative workforce means meeting the required steps to identifying potential barriers and making “reasonable progress” toward equitable representation

Employment Equity in Canada legislation/target groups/requirements/ issues/limits – enforcement Canadian Human Rights Commission performs audits (as of 1996) penalties (for violation) –tribunal directives to cease discriminatory practices –fines

Affirmative Action (US) vs. Employment Equity Canadians more familiar with Affirmative Action? opponents of Employment Equity in Canada often refer to it as Affirmative Action apparent reference to the severe division over affirmative action in the US

Affirmative Action (US) vs. Employment Equity AA usually associated with numeric quotas – in EE quotas are extremely rare AA in US is broader than EE in Canada – applies to broader range of issues than in Canada university admissions AA is also narrower than EE in Canada

Employment Equity in Canada legislation target groups areas (potential barriers to employment) job assignment training compensation (pay equity) promotion terms and conditions of employment workplace culture/climate

Measures of Effectiveness ratio of proportion of workforce to proportion of population ratios of representation/hiring to available candidates in workforce – necessary but not sufficient condition vertical equity are disadvantaged groups represented proportionally throughout the organization (including upper levels) or just at lower levels

Main Messages!!! context – NOT political culture – was crucial in shaping the development of programs in the two countries context – NOT political culture – was crucial in shaping the development of programs in the two countries politics of employment equity in Canada have been significantly shaped by the politics of affirmative action in the US politics of employment equity in Canada have been significantly shaped by the politics of affirmative action in the US