Workplace Equity and Compliance
This program is comprised of three major areas:
a) Legislated Employment Equity
This regulatory program is based on the Employment Equity Act. The objective of the Act is to correct conditions in employment which disadvantage women, Aboriginal peoples, persons with disabilities and members of visible minorities, and to ensure progress toward a more representative workforce. It outlines provisions for special measures and for the accommodation of differences to achieve equal access to employment opportunities and benefits.
It applies to federally regulated industries, Crown corporations with 100 employees or more, as well as portions of the federal public service identified in Part I of Schedule I of the Public Service Staff Relations Act or by order of the Governor in Council which includes the Canadian Armed Forces and the RCMP.
The Employment Equity Act gives the Canadian Human Rights Commission (CHRC) the responsibility for auditing the private and public sectors including the federal public service. In cases of non-compliance, the CHRC will issue a direction. Failure to abide by the direction or dispute of the findings on the part of the employer may be referred to the Employment Equity Review Tribunal.
b) The Federal Contractors Program
This program is referenced in the Employment Equity Act and is detailed in a federal government Treasury Board standard published as Treasury Board Circular No. 1986-44. The program objective is the same as that of the Employment Equity Program outlined above.
It applies to provincially regulated businesses with more than 100 employees that secure contracts for the provision of goods and services to the federal government valued at $200,000 or more.
c) Equal Pay
This program comes under the Canada Labour Code, Part III, section 182 and the Canadian Human Rights Act, section 11. The program objective is to ensure that men and women employed within the same establishment are paid equal wages for work of equal value.
It applies to federally regulated employers, regardless of size.
The Workplace Equity Program’s Response to Non-Compliance
a) The Legislated Employment Equity Program
Monetary Penalties – Failure of a private sector employer subject to the Employment Equity Act to file a report on employment equity with the Minister of Labour without reasonable excuse on or before June 1st of each year, or the omission of any information required in the report, or the provision of false or misleading information in the report, are violations of the legislation. The Minister may, within two years after the violation, issue a monetary penalty.
Employment Equity Review Tribunal – When conducting audits, the Canadian Human Rights Commission will issue a direction in cases of non-compliance. Cases of continued non-compliance are referred to the Employment Equity Review Tribunal for further action.
Appeals – If an employer disagrees with a direction, they may appeal to the Employment Equity Review Tribunal.
b) The Federal Contractors Program
Compliance Review Process – The purpose of the review is to evaluate the extent to which an organization has implemented the eleven- program criteria and taken action to achieve positive changes in the representation of designated group members within its workforce. For compliance, organizations must produce an acceptable employment equity work plan.
Appeals – Contractors who disagree with findings of non-compliance may submit an appeal to the Minister of Labour. The Minister may appoint an independent assessor to review the findings.
Debarment – Contractors that choose to withdraw from the program or fail to comply under the Federal Contractors Program, may be debarred. This means the company will be ineligible to obtain contracts, of any value, to provide goods and services to the federal government.
c) The Pay Equity Program
Complaints – Equal Pay complaints are referred to the Canadian Human Rights Commission.
Inspections – Under Part III, section 182, when there are grounds to believe that pay inequities exist, and are based on gender, a workplace equity officer may refer the case to the Canadian Human Rights Commission for investigation and resolution.
The Labour Program’s compliance policy also pertains to other program areas such as labour standards, occupational health and safety, and the fire protection services.
For additional information, refer to the publication entitled "Compliance Policy".
For information about the Canadian Human Rights Commission, the Internet Website is: http://www.chrc-ccdp.ca