Frequently Asked Questions on Employment Equity
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1. What is the purpose of the Employment Equity Act (EEA)?
2. What does the EEA require of employers?
3. What is the role of the Canadian Human Rights Commission (CHRC) with respect to the EEA?
4. How does the CHRC decide which employers to audit and how frequently?
5.�What does the audit process consist of?
6. What are the statutory requirements?
7. What is an employment systems review and what does it entail?
8. How long is the audit process?
9. How does the Commission determine compliance or non-compliance?
10. What are the consequences of non-compliance?
11. What are the roles of the Commission, Human Resources and Social Development Canada (HRSDC) and the Public Service Human Resources Management Agency of Canada (PSHRMAC)?
1. What is the purpose of the Employment Equity Act (EEA)?
The purpose of the EEA is to ensure that no person is denied employment opportunities and benefits for reasons unrelated to ability. It requires employers to correct disadvantages in the workplace experienced by members of the four designated groups:
In addition, employers must implement the principle that employment equity means more than treating people in the same way; it also requires special measures and the accommodation of differences.
2. What does the EEA require of employers?
The Act requires that employers identify and eliminate employment barriers for designated group members that result from the employer’s employment systems, policies and practices. The goal is to institute positive policies and practices and make reasonable accommodations so that the representation of persons in designated groups in the employer’s workforce reflects their representation in the Canadian workforce.
3. What is the role of the Canadian Human Rights Commission (CHRC) with respect to the EEA?
The CHRC is mandated to conduct employment equity audits of employers and to assess employers’ compliance with the obligations and requirements of the Act.
The Act also requires the Commission to monitor the performance of employers it has audited through annual reports submitted to Human Resources and Social Development Canada (regarding private sector employers) and to the Public Service Human Resources Management Agency of Canada (regarding public sector employers).
4. How does the CHRC decide which employers to audit and how frequently?
The Commission is expected to audit employers covered by the EEA. Approximately 590 organizations in the federally regulated private sector and in the federal public service are presently covered by the EEA. The number of employers varies annually.
Organizations that have never been audited are selected randomly for a preliminary assessment audit. Organizations that have previously been audited may be chosen for the progress assessment phase of the audit based on several possible criteria, including low representation, sector, size and geographic area, or because of a special focus to increase the representation of certain groups. Generally, there will be three to five years between audit phases.
5.�What does the audit process consist of?
The audit process has two phases: preliminary assessment and progress assessment.
The preliminary assessment phase consists of evaluating the employer’s compliance with the nine statutory requirements of the Act. The progress assessment phase consists of determining the progress made by the employer in continuing to meet the audit requirements assessed in the preliminary phase. The focus is on determining how effectively the employer has made reasonable progress toward implementing its Employment Equity Plan to reduce under-representation.
Assessments are made in part based on documentation provided by the employer and there may be an on-site visit by a Compliance Review Officer. The Commission representative may interview employees, employee representatives and managers as part of the process for the validation and assessment or analysis of the information provided.
6. What are the statutory requirements?
The statutory requirements are as follows:
7. What is an employment systems review and what does it entail?
An employment systems review is an in-depth assessment—carried out by the employer—of all employment systems, policies and practices and of the manner in which these are implemented, in order to identify barriers to the employment of designated group members. The review must cover both formal and informal employment systems, policies and practices and must also include attitudes and behavioural barriers that may be limiting the employment opportunities of designated group members. The review will usually include focus groups and/or interviews with employees, union representatives and managers.
8. How long is the audit process?
The length of an audit can vary depending on the employer’s size and individual circumstances. In general, an audit phase takes less than one year.
9. How does the Commission determine compliance or non-compliance?
Compliance is determined by the employer demonstrating to the satisfaction of the Commission that it has met the statutory requirements of the Act. Compliance is achieved when all nine requirements have been met and the Commission makes a finding of compliance. If one or more of the requirements are not met, then the employer is non-compliant.
10. What are the consequences of non-compliance?
Should an employer be found non-compliant during the preliminary or progress assessment phase, the Compliance Review Officer will negotiate undertakings with the employer. The undertakings are meant to correct the deficiencies observed. The employer is provided with opportunities to remedy the deficiencies, but if the employer remains non-compliant, the Commission may decide to issue a Direction.
Should the employer fail to comply with the Commission’s Direction, further action may be taken. The Commission may refer the employer to an Employment Equity Review Tribunal.
11. What are the roles of the Commission, Human Resources and Social Development Canada and the Public Service Human Resources Management Agency of Canada?
Human Resources and Social Development Canada
Public Service Human Resources Management Agency of Canada
Canadian Human Rights Commission
For Further Information
Please contact one of the Commission’s regional offices in Halifax, Montr�al, Toronto, Edmonton or Vancouver or contact the national office in Ottawa.
May 2007
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