The Employment Equity Act (EEA) is a federal act, enforced by the provinces, that ensures that all minority groups are included and properly represented in the workforce.
Obligations
The EEA went into effect on October 24, 1996. Under the EEA, employers need to recognize and destroy any employment barriers to persons with disabilities by creating positive policies and practices, which reasonably accommodate and include under-represented groups in Canada (EEA, 1995). That way, people in such groups will be properly represented in the Canadian workforce, or segments of the workforce. Segments can be divided according to location, qualification, eligibility, etc.
To meet these obligations, an employer must analyze the level of representation, review its practices and create new policies when needed.
- Only employees who self-identify may be counted. Women may be counted because of the demographic information already collected.
- During review, the employer's systems, polices and practices must be examined for the existence of barriers. Any barriers found must be removed or replaced.
- The employer must also create a plan with appropriate goals, and a plan for meeting those goals.
- The employer must then notify employees and implement these plans (Public Services Human Resources Management Agency of Canada, 12/06/02).
Limitations
However, an employer should not make decisions that would cause undue hardship to the company. Also, employment equity does not mean maintaining strict quotas, creating new positions, or hiring or promoting unqualified individuals (Human Resources and Social Development Canada, (09/15/03).
When, Who, How and Reports
With Royal Assent received on December 15, 1995, the EEA came into being on October 24, 1996. Effected employers must comply with the Act by October 1997 (Public Services Human Resources Management Agency of Canada, 12/06/02).
This Act applies to the following: private sector employers, federal public administration, public sector companies employing greater than 100 employees, and specified members of the RCMP and Canadian Forces. Four hundred private-sector employers and Crown corporations, as well as 900,000 employees are covered. They work in federally-regulated industries, like banking and transportation.
The Act also requires employers to seek input from employee representatives and bargaining agents when designing and implementing any employment equity plan (Human Resources and Social Development Canada, 09/15/03). It also covers four groups: women, First Nations peoples, members of visible minorities and people with disabilities.
Even though the EEA is federal, the provinces must enforce it. According to a review of the EEA by the Human Resources Development Commission in 2001, neither Alberta nor Newfoundland has any laws to enforce the EEA. (Human Resources and Social Development Canada, 03/03/03). Albertan employees who suspect an EEA violation may only complain to the Human Rights and Citizenship Commission. This commission can fine the employer if proven guilty, but it can take years to settle (Alberta Human Rights and Citizenship Commission, 2006).
Quebec makes EEA compliance the law. It requires employers to file reports about the policies and procedures made to ensure diversity, as well as how many persons with disabilities that they have hired and retained.
Here is how the reporting process goes:
- Private companies file reports with Human Resources Development Canada (HRDC).
- The HRDC Minister reports these findings to Parliament every year.
- The Treasury Board President submits an annual report in Parliament about employment equity in the Public Service.
- Each employer sends a copy of its report to the Canadian Human Rights Commission (CHRC), and also to employee's representatives.
- Finally, the CHRC then talks about its employment equity audit findings in its Annual Report
