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Struggles of Black and 2SLGBTQ+ Canadians in the workplace will officially be recognized in federal law

Canada’s Minister of Labour, Seamus O’Regan Jr & Adelle Blackett, Chair of the Employment Equity Act Review Task Force (Courtesy: X/ Seamus O'Regan)

Canada will recognize Black and 2SLGBTQ+ people as groups facing significant workplace barriers under the Employment Equity Act.

After what has been called the most comprehensive review of Canada’s Employment Equity Act since it was passed in 1986, Canada’s Minister of Labour, Seamus O’Regan Jr, announced the release of the Employment Equity Act Review Task Force’s final report earlier this week, 

Titled A Transformative Framework to Achieve and Sustain Employment Equity, the report outlined several key findings and recommendations, and in response, O’Regan announced the federal government’s initial commitments to update the act. 

These commitments include designating two new groups as facing significant workplace barriers under the act: Black people and 2SLGBTQ+ people. Groups that are currently recognized as facing significant workplace barriers include women, Indigenous peoples, people with disabilities, and members of visible minorities.

Other commitments include changing the language in the act from “Aboriginal Peoples” to “Indigenous Peoples,” and updating the definition to include First Nations, Métis and Inuit along with making sure it is aligned with the United Nations Declaration on the Rights of Indigenous Peoples Act.

Additionally, the feds have committed to replacing the term “members of visible minorities” with “racialized people” and updating the definition, as well as updating the definition of “persons with disabilities” to align with the Accessible Canada Act to make it more inclusive.

EGALE CANADA RESPONDS

According to the report, 30 per cent of transgender women and 22 per cent of transgender men say they have been denied employment because of their gender identity. That’s compared to seven per cent of cisgender women and four per cent of cisgender men. 

Egale Canada is an organization that focuses on improving the lives of 2SLGBTQ+ people through research, advocacy, and education. The organization has welcomed the findings of the report, but is calling for more to be done to protect 2SLGBTQ+ people in the workplace. 

“In order to properly address this critical issue, more data is needed, particularly with regards to how systemic workplace barriers affect Two Spirit, trans, and nonbinary (2STNB) people,” Egale Canada said in a statement. 

“A forthcoming report by Egale to be released in January found that 72 per cent of 2STNB people surveyed had experienced workplace discrimination,” the statement continued, adding that this proves more protections are needed to make sure workplaces are “safe and accepting environments for all employees.” 

Egale shared that it looks forward to working with the Canadian government to combat discrimination and help create inclusive workplaces.

Other Canadian organizations are also showing support for the report. 

“PSAC is pleased to see the long awaited Employment Equity Act review report that has been released today. We’ve been pushing for a review of the Act that has failed historically disadvantaged and excluded workers for decades. More details to come,” the Public Service Alliance of Canada said on X.

While Canada’s Labour Congress also supports the report.

“Canada’s unions are ready to contribute their expertise and work collaboratively with the government to ensure a meaningful modernization of the Employment Equity Act,” the organization said on X. 

“The Canadian Labour Congress also thanks the Task Force for its work and commitment to addressing equity in employment, and we eagerly anticipate the positive impact that its recommendations will have on shaping a more inclusive and equitable Canadian workforce.”

EMPLOYMENT EQUITY ACT REVIEW TASK FORCE

In 1986, Canada created the Employment Equity Act to help marginalized communities combat barriers in the workplace. The act was created to mandate equitable inclusion, fairness and equality for all employees working in federally-regulated positions. 

But we all know that workplaces have massively changed in the nearly 40 years since the act was created. As a result, a task force created to review the act was launched by the federal government on July 14, 2021.

Led by Adelle Blackett, professor of Law and Canada Research Chair in Transnational Labour Law at McGill University, the goal of the review was to provide concrete, independent and evidence-based recommendations to the minister of labour on how to transform the framework outlined in the Employment Equity Act

During their review, the task force carried out extensive consultations with many impacted communities and groups, including employer and worker organizations, civil societies, experts, governmental authorities andother stakeholders and communities. 

SO, WHAT’S NEXT?

The federal government has welcomed the findings of the report calling it “an opportunity for reflection, for assessment, and for actions.”

In order to implement the task force’s recommendations, the government has plans to start consultations with affected communities and organizations representing unions and employers soon. Additionally, they will look at how other recommendations made by the task force can be implemented. 

“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,” Blackett said in a statement. 

“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,” The McGill professor continued. ”It explains how to remove workplace barriers, foster meaningful consultation, and ensure that workplaces can count on regulatory support. Canada has an opportunity to lead by cultivating a legacy of equitable inclusion in flourishing workplaces where we all belong.”

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