Employment
Discrimination
and
Employment
Equity
© 2005 by Nelson, a division of Thomson Canada Limited.
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Chapter Seventeen Objectives
• Understand the challenges faced by certain groups in
the labour force
• Discuss the notion of discrimination and the legal
bases for protection against discrimination in Canada
• Provide two different meanings of discrimination and
give examples of how each might be committed
• Explain the purpose and functions of employment
equity
• Define the key elements of pay equity and its
relationship to employee equity
• Elaborate on issues in employment discrimination and
equity
© 2005 by Nelson, a division of Thomson Canada Limited.
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Chapter Seventeen Outline
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Challenges in the Labour Pool
Discrimination
Issues in Workplace Discrimination
Employment Equity
Pay Equity
Summary
© 2005 by Nelson, a division of Thomson Canada Limited.
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Introduction to Chapter
Seventeen
The chapter addresses:
• Minorities: Native people, women and people
with disabilities
• Legal and ethical implications of
discrimination
• Obligations of employers to ensuring
workplace equity for all groups
© 2005 by Nelson, a division of Thomson Canada Limited.
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Challenges in the Labour Pool
Four Designated Groups:
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Women
Aboriginal or First Nations People
Individuals with Disabilities
Visible Minorities
© 2005 by Nelson, a division of Thomson Canada Limited.
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Discrimination
Legal Protection
• Canadian Charter of Rights and Freedoms
(Constitution Act of 1982)
• The Canadian Human Rights Act (1977)
• The Canadian Human Rights Commission
(CHRC)
© 2005 by Nelson, a division of Thomson Canada Limited.
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Discrimination
Expanded Meanings of
Discrimination
• Direct Discrimination or Disparate Treatment
– “A law, rule or practice which on its face creates harmful
differential treatment on the basis of particular group
characteristics.”
• Indirect Discrimination
• Systemic Discrimination
© 2005 by Nelson, a division of Thomson Canada Limited.
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Issues in Workplace
Discrimination
• Sex Discrimination
– Moving into Professional/Managerial
Positions
– Sexual Harassment
• Age and Religious Discrimination
© 2005 by Nelson, a division of Thomson Canada Limited.
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Employment Equity
• To eliminate employment barriers for the
four designated groups identified in the
Employment Equity Act
• Redressing past discriminations
• Improving access for all designated groups
• Fostering a climate of equity in the
organization
• Implementing positive policies and practices
© 2005 by Nelson, a division of Thomson Canada Limited.
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Employment Equity
Employment Equity Planning in the
Organization
Step 1: Senior Management Commitment
Step 2: Data Collection and Analysis
Step 3: Employment Systems Review
Step 4: Establishment of a Work Plan
Step 5: Implementation
Step 6: Evaluation, Monitoring, and Revision
© 2005 by Nelson, a division of Thomson Canada Limited.
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Pay Equity
Legislation Issue:
• Illegal for employers to discriminate against
individuals on the basis of job content
Principle Issue:
• Equal pay for equal work
• Equal pay for work of equal value or
comparable worth
© 2005 by Nelson, a division of Thomson Canada Limited.
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Equal Pay Program
Program Objective:
• To eliminate sex-based wage discrimination in
the federal jurisdiction
Program Overview
• Employers are responsible for implementing
equal pay
– Step 1: Education
– Step 2: Monitoring
– Step 3: Audit or Inspection
© 2005 by Nelson, a division of Thomson Canada Limited.
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Selected Key Terms
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Designated groups
Disparate treatment
Employment equity
Pay equity
• Preferential treatment
• Reasonable
accommodation
• Reverse discrimination
© 2005 by Nelson, a division of Thomson Canada Limited.
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