1984 Royal Commission Report on Equality in Employment is
considered the federal watershed in recognizing that certain
sectors of Canadian society have been disadvantaged in
employment. The Commission received 274 written submissions,
hundreds of letters, and held 137 meetings in 17 cities across
Canada. Pursuant to
this report, the federal government enacted the Federal
Employment Equity Act (1986) which regulates federal
agencies and those with whom the federal government does business,
and attempts to ensure equity in employment.
The
Ontario Perspective
Each province has responded to human rights issues in its own
way. In 1994 Anti-discrimination legislation was enacted with the
intention of addressing social inequities. In the 1950's,
the Fair Employment Act and the Fair
Accommodation Act continued that process. These two
Acts were precursors to the Ontario Human Rights Commission.
Ontario enacted its first comprehensive human rights legislation
in 1962 - the Ontario Human Rights Code. Subsequent
to 1962, the Code was amended numerous times, and in
1981 a new Code was enacted; the Human Rights
Code, 1981. In 1984, 1986 and 1990 it was amended with
provisions which conform to the Constitution.
The preamble to the Human Rights Code, 1981 sets out
its principles, as follows:
"WHEREAS recognition of the inherent dignity and the equal and
inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world and is in
accord with the Universal Declaration of Human Rights as
proclaimed by the United Nations;
AND WHEREAS it is public policy in Ontario to recognize the
dignity and worth of every person and to provide for equal rights
and opportunities without discrimination that is contrary to law,
and having as its aim the creation of a climate of understanding
and mutual respect for the dignity and worth of each person so
that each person feels a part of the community and able to
contribute fully to the development and well-being of the
community and the Province;
Therefore, Her Majesty, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario enacts as follows:
Every person having legal capacity has a right to contract on
equal terms without discrimination because of race, ancestry,
place of origin, colour, ethnic origin, citizenship, creed, sex,
sexual orientation, age, marital status, family status or
handicap...
Every person has a right to equal treatment with respect to
employment without discrimination because of race, ancestry, place
of origin, colour, ethnic origin, citizenship, creed, sex, sexual
orientation, age, record of offences, marital status, family
status or handicap.
Every person who is an employee has a right to freedom from
harassment in the workplace by the employer or agent of the
employer or by another employee because of race, ancestry, place
of origin, colour, ethnic origin, citizenship, creed, age, record
of offences, marital status, family status or handicap...
In the area of employment, the Code is intended to
promote equal opportunity, regardless of ancestry, country of
origin, citizenship, creed, sex, sexual orientation, age, record
of offences, marital status, family status, or disability. It is
based on the principle that employment opportunities should be
based on merit rather than criteria unrelated to job performance.
It sets out the framework for workplaces that are free from
discrimination and harassment.
The Ontario Human Rights Commission addresses complaints from
Ontarians who believe that they have suffered discrimination at
work, in housing or in services such as restaurants, hotels and
hospitals; or believe they have experienced physical, verbal or
sexual harassment.
Complaints that have merit, and fall within the jurisdiction of
the Human Rights Commission rather than another law, are forwarded
to a Human Rights Officer for investigation. Depending on the
circumstances, a Human Rights Commissioner, and/or a Board of
Inquiry may become involved.
If the Board of Inquiry decides in the complainant's favour, the
company or individual found to have committed an act of harassment
or discrimination can be ordered to pay the complainant for losses
or force a change in the company's discriminatory
policies/practices. Decisions of the Board of Inquiry may be
appealed to the Federal Court of Appeal.
The Ontario Human Rights Commission is currently undergoing some
very controversial changes.
Please
Click Here to read about these changes
It is prudent for managers to be familiar with: the
Employment Standards Act, the Pay Equity Act,
and the Occupational Health and Safety Act as these
laws also impact on equity in the workplace. The first of these
laws, which deals with working conditions, was passed in 1968 and
took effect in 1969. It has received numerous revisions since
that time. The Pay Equity Act was passed in 1987
and came into force in 1988. This Act reviews
compensation. The Occupational Health and Safety Act,
which sets out joint responsibility for identifying and
reducing workplace hazards, was enacted in 1979. It too has been
amended numerous times.
Bill 79, "An Act to provide for Employment Equity for Aboriginal
People, People with Disabilities, Members of Racial Minorities and
Women", received royal assent 14 December 1993, after
approximately three years of consultation. Some Ontarians viewed
the Employment Equity Act as an important landmark
in provincial employment history, as it was geared to identify and
overcome barriers for members of designated groups, thereby
facilitating equity in the workplace.
However,
in the Speech from the Throne on 27 September 1995, the Ontario
Government made the following declaration:
ATo
restore fairness in hiring, in this session the legislature will
be asked to repeal legislated quotas, including the
Employment Equity Act. To help employers maintain
discrimination-free workplaces, the new government will implement
a non-legislative equal opportunity plan that supports education
and training, the elimination of barriers to equal opportunity,
and sharing expertise and experience among workplace partners.
In the longer term, your government will reform the Ontario Human
Rights Commission to ensure the
Commission fulfils its mandate to help victims of discrimination
effectively and efficiently.
On 11 October 1995, the government introduced Bill 8 - an Act to
repeal job quotas and to restore merit-based employment
practices in Ontario (also known as the Job Quotas Act, 1995).
This Bill states, in part:
1. (1) The Employment Equity Act, 1993 is repealed.
THE
ONTARIANS WITH DISABILITIES ACT (ODA)
According to the City of Toronto's Public Health Access & Equity
team, Cultural Diversity refers to the unique characteristics that
all of us possess; they distinguish people as individuals and
identify them as belonging to a group or groups.
Diversity transcends the concepts of gender, age, sexuality (e.g.
sexual orientation, gender identity, etc.), racialized groups,
citizenship status, socioeconomic status,class, ethnicity, mental
and physical abilities, faith/religion and languages.
For
example: Cultural diversity is fluid and dynamic. Each one of us
may possess different sets of characteristics throughout our life
span and the meanings or significance of these characteristics are
dependent on such things as the historical, social, cultural,
economic and political contexts that we live in. (Note: Adapted
from City of Toronto Public Health "Diversity Flower" framework).
The
significance of this broader, cultural perspective of diversity is
that it captures the needs of persons with varying and wide
ranging disabilities and the spirit and intent of the Ontarians
with Disabilities Act (ODA) as well as the Accessibility of
Ontarians with Disabilities Act (AODA).
The ODA
introduced the concept of making Ontario a more accessible
province for all Ontarians by requiring governmental organizations
and specific agencies to develop plans to identify barriers, ways
to remove those barriers and to ensure new barriers were not
established.
The AODA has
gone several steps further by bringing the public sector, private
sector and the community together to establish standards by which
Ontarians can ensure that persons with disabilities have the
capacity to participate fully in society. The first of those
standards has been developed and work will begin on the next
standard shortly.