Task force recommends focus on racialised groups, inclusion

TORONTO:

Marie Clarke Walker, a veteran Jamaican-Canadian labour leader, has expressed satisfaction with the recommendations of a task force set up to to undertake the most comprehensive review of Canada’s Employment Equity Act since its introduction.

Walker who was part of the team which submitted its final report to the federal government in December 2023, highlighted two main areas of impact.

“I am very proud of the work the task force did, in spite of the challenges that were faced. Amongst other things in the report, the inclusion of two new groups will assist greatly in creating a more equitable world of work. Transgender people often find themselves unable to get work or promotions, and are often discriminated against due to their gender identity - this doesn’t show up in the stats. So now the hope is that it will be much harder to discriminate when hiring and promoting.

“As for members of the black community, being included in the ‘visible minority’ – now racialised category – has not helped, as stats show the category of visible minority ‘making improvements’. However, if that was the case, we wouldn’t see a Black Class Action lawsuit or hear the stories from black folks who have been passed over for decades when it comes to hiring and promotions in federal public sectors. While the report and recommendations are linked to the federal sector, the hope is private sector employers will follow suit,” said Clarke Walker.

She said, if there is true equity in all workplaces and employment equity is implemented, there will never be a need, or rather, a lesser need, for “accommodations”, as inclusion of all will be the norm rather than the exception.

Clarke Walker emphasised that the recommendations are meant to create a more inclusive world of work - not just in the federal sector.

“In spite of the challenges during the process, we consulted with hundreds of groups and individuals. I am very proud of the work we accomplished under the leadership of Professor Blackett. The goal was to leave no stone unturned and no-one behind, and I believe we accomplished that.”

EXTENSIVE CONSULTATIONS

The force was chaired by Adelle Blackett, a professor of law and the Canada research chair in transnational labour law at the Faculty of Law, McGill University.

Professor Blackett said Canada has an opportunity to lead by “cultivating a legacy of equitable inclusion in flourishing workplaces where we all belong.”

“We are often told that diversity is a fact, and inclusion is a choice. In Canada, there is more, and it is crucial: equity is the law. Our 12-person task force heard loud and clear throughout extensive consultations that it is urgent to reform the law to achieve and sustain employment equity. Our report shows that history matters, reviews the evidence and sets out a transformative framework that is built on substantive equality law, including international law. It explains how to remove workplace barriers, foster meaningful consultation, and ensure that workplaces can count on regulatory support,” she said.

The act, which was created in 1986 to address the barriers that prevent marginalised communities from achieving their full potential in the workplace, mandates fairness, equality and equitable inclusion for employees in federally regulated workplaces.

The government noted that, since that time, Canadian workplaces have changed and evolved, thus requiring an act that has also evolved to reflect the realities of today’s workplaces.

On July 14, 2021, it launched the Employment Equity Act Task Force, which had the mandate to undertake an independent review of the act. Operating at arm’s length from the government, the task force consulted extensively with Canadians, employer and worker organisations, civil societies, experts, governmental authorities, as well as other stakeholders and communities. Based on the feedback received and broad research work, the task force provided concrete, independent and evidence-based recommendations to the minister of labour on how to transform the employment equity framework.

In December 2023, Seamus O’Regan Jr, minister of labour and seniors, and Professor Blackett announced the release of the Employment Equity Act Review Task Force’s final report: A Transformative Framework to Achieve and Sustain Employment Equity.

“When you include everyone, you get the best. Professor Blackett’s comprehensive final report outlines what we need to do to achieve and sustain true employment equity in Canadian workplaces. It is our responsibility to make sure the hard work done here results in real change for every worker and workplace in this country,” said Minister O’Regan Jr.

“The government broadly supports the task force’s recommendations for transforming Canada’s approach to employment equity.”

He announced the government’s initial commitments to modernise the act. These include creating two new designated groups under the act: Black people and 2SLGBTQI+ people; replacing the term “aboriginal peoples” with “indigenous peoples”, and updating the definition to include First Nations, Métis and Inuit and to ensure it is consistent with the United Nations Declaration on the Rights of Indigenous Peoples Act; replacing the term “members of visible minorities” with “racialised people” and updating the corresponding definition; and aligning the definition of “persons with disabilities” with the Accessible Canada Act to make it more inclusive.

The government will soon begin consultations with affected communities and organisations representing unions and employers, on how best to effectively implement these changes, and how other task force recommendations could be implemented. It will then introduce legislation to bring the act into the 21st century,” notes a media release.