• Coverage
• Designated Group Members
• Employer Obligations
• Employee Representatives
• Enforcement
• Federal Contractors Program
• Administration of the Act
• Mandatory Review

A Guide for Employers

• The purpose of the Employment Equity Act
• Why Employment Equity Is Needed
• Status Of Designated Groups
• What Are Employers' Obligations?
• Benefits Of Employment Equity

• Systemic Barriers In Employment Practices
• Special Measures And Reasonable Accommodation

How To Begin: Basic Requirements

• Communication
• Resources
• Developing An Internal Work Force Profile
• Identifying Employees In Designated Groups
• The Work Force Analysis
  • Examples Of Systemic Barriers
  • Examples Of Possible Solutions

Key Elements of the new Employment Equity Act and Regulations

The 1995 Employment Equity Act and the Employment Equity Regulations are in force as of October 24, 1996.

Employment Equity Act:

The new Act contains nine key elements as outlined below:

1. Coverage

• A total of 350 private sector employers and Crown corporations will continue to be covered by the Act. These employers operate in federally-regulated industries such as banking, communications and interprovincial and international transportation.
• Under the Act, coverage is extended immediately to all federal departments and agencies for which Treasury Board is the employer, and to all "separate employers" with 100 or more employee. The RCMP and the Canadian Forces will be covered upon order of the Governor-in-Council following the development of regulations adapting provisions of the Act and Regulations to ensure operational effectiveness.

2. Designated Group Members

• Four groups continue to be designated: women, aboriginal peoples, members of visible minorities, and persons with disabilities. The principle of self-identification has been reaffirmed and definitions of the groups have been put in the legislation itself (instead of the Regulations).

3. Employer Obligations

• Clarifies existing employer obligations to implement employment equity without imposing overly onerous new obligations.
• Establishes the same core requirements for public and private sector employers for developing and implementing employment equity plans and programs.
• Clarifies that implementing employment equity does not require quotas, measures that cause undue hardship for an employer, the creation of new positions, the hiring or promotion of unqualified individuals, or hiring and promotion without regard for the merit principle in the public sector.

4. Bargaining Agents/Employee Representatives

• Clarifies the existing consultation requirement by requiring employers to invite employee representatives and bargaining agents to provide their views on communications with employers and on the preparation, implementation and revision of the employment equity plan.
• Establishes a new obligation for employers and bargaining agents to collaborate on the employment equity plan while clarifying that this requirement does not constitute comanagement.
• Provides that seniority rights, priorities and workforce reduction measures are not to be considered employment barriers under the Act. However, where such provisions may have an adverse impact on designated group members, requires consultation between employer and employee representatives to find ways to minimize any such impact.

5. Enforcement

• Gives the Canadian Human Rights Commission (CHRC) the mandate to conduct onsite compliance reviews in order to verify and gain compliance.
• Makes consequential amendments to the Canadian Human Rights Act to prevent double jeopardy for employers.
• Provides for final enforcement of the Act, where necessary, by an Employment Equity Review Tribunal, empowered to hear disputes and issue orders registrable in Federal Court. The existing tribunal structure under the Canadian Human Rights Act is to be used for this purpose.

6. Federal Contractors Program

• Confirms the responsibility of the Minister of Labour to administer the Federal Contractors Program for Employment Equity.
• Ensures equivalency between the requirements to implement employment equity under the Federal Contractors Program and the requirements for employers under the Act.

7. Administration of the Act

• Confirms the mandate of the Minister of Labour to conduct research, provide labour market data, conduct public education programs, recognize outstanding achievement in employment equity, and carry out other activities to further the goals of the Act.

8. Mandatory Review

• Provides for a mandatory review of the legislation every five years, replacing the former requirement for a review every three years.

9. Broadcasting Act, Consequential Amendment

• Eliminates double regulation of employers subject to both the Employment Equity Act and the Broadcasting Act (CRTC).

Employment Equity Regulations:

While the Act clearly outlines core employer obligations, certain essential details are left to regulations. These regulations were finalized following Canada-wide consultations in May with groups representing employers, labour, and designated groups.

The proposed regulations were published in the Canada Gazette, Part I, for 30 days, commencing September 7, 1996.

The Employment Equity Regulations provide clarity in the following areas:

• collection of workforce information - paragraph 9(1)(a) of the Act;
• workforce analysis - paragraph 9(1)(a) of the Act;
• employment systems review - paragraph 9(1)(b) of the Act;
• maintenance of employment equity records - section 17 of the Act; and
• employers' reporting requirements - section 18 of the Act.

Employment Equity: A Guide for Employers

These guidelines have been developed pursuant to section 12 of the Employment Equity Act, 1986. This section permits the Minister of Employment and Immigration Canada to provide information that will assist employers in Canada to plan and implement Employment Equity programs.

The purpose of the Employment Equity Act is:

"To achieve equality in the workplace so that no person shall be denied employment opportunities or benefits for reasons unrelated to ability...."

The purpose of the Employment Equity Act is:

"To achieve equality in the workplace so that no person shall be denied employment opportunities or benefits for reasons unrelated to ability and in the fulfillment of that goal, to correct the conditions of disadvantage in employment experienced by women, aboriginal peoples, persons with disabilities and persons who are, because of their race or colour, in a visible minority in Canada by giving effect to the principle that employment equity means more than treating persons in the same way but also requires special measures and the accommodation of differences." (Section 2, Employment Equity Act, 1986).

It is in this spirit, and in response to numerous requests from employers, that Employment Equity: A Guide for Employers has been produced.

...an action-oriented approach that identifies underrepresentation or concentration of, and employment barriers to, certain groups of people...

Employment Equity involves the identification and removal of systemic barriers to employment opportunities that adversely affect women, visible minorities, aboriginal peoples and persons with disabilities.

Federally regulated employers are subject to the regulations specific to the Employment Equity Act...

1 - Federal Employment Equity Initiatives

Introduction

Women tend to be concentrated in a few occupations which are accorded lesser status and receive lower pay.

Persons with disabilities face attitudinal barriers, physical demands that are unrelated to actual job requirements, and inadequate access to the technical and human support systems that would make productive employment possible.

Systemic barriers that have a negative employment impact on visible minorities can include culturally biased aptitude tests, lack of recognition of foreign credentials and excessive levels of language requirements.

Background

Why Employment Equity Is Needed

The principal concept of Employment Equity flows from the wording of federal and provincial employment standards legislation, human rights codes and the Canadian Charter of Rights and Freedoms.

There is ample evidence in all sectors of society that equal access to employment has been denied to members of certain groups because of their sex, racial or ethnic characteristics, or disability. This situation not only violates basic human rights but also hinders economic growth by preventing the full participation of skilled individuals from designated groups.

Women, aboriginal peoples, visible minorities and persons with disabilities face significant but different disadvantages in employment. Some of these include high unemployment, occupational segregation, pay inequities and limited opportunities for career progress.

Status Of Designated Groups

Women tend to be concentrated in a few occupations which are accorded lesser status and receive lower pay. Some of these occupations will be seriously affected by technological change. Women also tend to be found at lower levels of occupational groups and infrequently in senior management or operational jobs. In 1986 women comprised 44 per cent of workers in all occupations in Canada, but were not equally represented in all occupations; they held only 17 per cent of upper level manager positions. Women were also under represented in skilled crafts and trades occupations, where they made up 8 per cent of the work force. In comparison, 14 per cent of the semiskilled manual occupations and 29 per cent of other manual occupations were held by women. Conversely, almost 80 per cent of all clerical workers and 61 per cent of all service workers were women.

The numbers of young aboriginal workers will increase dramatically in the 1990s, and in the West will account for a substantial portion of labour market growth. However, many individuals face major employment barriers, which may be compounded by low educational achievement and lack of job experience, as well as language and cultural barriers. In urban centers, many aboriginal workers are concentrated in low-paying, unstable employment.

Unemployment rates for employable persons with disabilities limited at work are estimated to be 20 per cent. Persons with disabilities face attitudinal barriers, physical demands that are unrelated to actual job requirements, and inadequate access to the technical and human support systems that would make productive employment possible.

Visible minority groups vary in their labour force profiles and in their regional distribution. Studies have shown that Latin Americans and Southeast Asians experience lower than average incomes, higher rates of unemployment, and reduced access to job interviews, even for those persons with the same qualifications as other candidates. Black Nova Scotians have faced disadvantages in employment for many years. The unemployment rate of Blacks is higher in Nova Scotia (25 per cent) than in any other province except Prince Edward Island, where a small number of Blacks reside. Systemic barriers that have a negative employment impact on visible minorities can include culturally biased aptitude tests, lack of recognition of foreign credentials and excessive levels of language requirements.

 

Ideally, Employment Equity planning is adopted voluntarily by employers who understand and endorse the concept of fairness in the workplace, who see the business advantages of full utilization of a changing work force and who are alert to the steps being taken towards enforcing equality in employment by the courts, governments at all levels and the human rights agencies and tribunals.

However. all employers are legally obligated by federal or provincial human rights statutes and employment standards legislation to ensure that no qualified individual is treated unfairly because of assumptions associated with sex, ancestry, colour, disability status, or other non-bona fide occupational requirements.

 

Organizations which have established and implemented Employment Equity programs are already seeing benefits, such as:

• ability to effect organizational change in a competitive environment;

• means to attract and keep the best qualified employees

• efficient use of a better trained work force;

• access to a broader base of skills;

• enhanced employee morale; and

• improved corporate image in the community.

...identifying and eliminating employment practices... that results in employment barriers against persons in designated groups...

...instituting such positive policies... and making such reasonable accommodation as will ensure that persons in designated groups achieve a degree of representation... at least proportionate to their representation in the work force

Employers and Crown corporations with 100 employees or more and who are regulated under the Canada Labour Code must implement Employment Equity and report on their results. These requirements are outlined in the Employment Equity Act, which was given Royal Assent on June 27, 1986. Specifically, the Employment Equity Act sets out certain obligations for employers:

Section 4.

An employer shall, in consultation with such persons as have been designated by the employees to act as their representative or, where a bargaining agent represents the employees, in consultation with the bargaining agent, implement employment equity by:

(a) identifying and eliminating each of the employer's employment practices, not otherwise authorized by a law, that results in employment barriers against persons in designated groups; and

(b) instituting such positive policies and practices and making such reasonable accommodation as will ensure that persons in designated groups achieve a degree of representation in the various positions of employment with the employer that is at least proportionate to their representation:

(i) in the work force or

(ii) in those segments of the work force that are identifiable by qualifications, eligibility or geography and from which the employer may reasonably be expected to draw or promote employees.

Federally regulated employers are also required to prepare an annual Employment Equity plan with goals and timetables, and to retain each plan and all records used to prepare their annual report at their principal place of business in Canada for a period of at least three years. Employers who are subject to the legislation are required to report annually according to industrial sector, geographic location and employment status on the representation of members of designated groups by occupational group and salary range and to provide information on those hired, promoted or terminated. The reporting requirements are contained in the Regulations, which specify the categories and format to be used by employers. These reports are publicly available and are provided to the Canadian Human Rights Commission, which has the authority to initiate an investigation if it has reasonable grounds to believe that systemic discrimination is indicated by the data in the reports. Employers are invited to supplement the statistical information in their reports with an executive summary of no more than four pages in length. The narrative summary will be included as part of the company' s public record. This will provide employers with the opportunity to highlight company initiatives that support Employment Equity programs which would not necessarily be reflected in a numerical report. Some of these might include:

• creative responses to issues of "reasonable accommodation" for employees with particular needs and characteristics;

• external activities to encourage members of designated groups to take part in employment opportunities such as scholarships or school visit programs;

• particular efforts made to recruit, train and promote designated group members;

• specific significant contributions to Employment Equity programs by managers, employees and unions; and

• the impact of economic conditions on particular industries.

Director
Legislated Employment Equity Program
Employment Equity Branch
Employment and Immigration Canada
Hull/Ottawa
K1A 0J9

 

Organizations which employ 100 persons or more and wish to bid on contracts of $200,000 or more to supply goods and services to the federal government, are required to commit themselves to implementing Employment Equity...

Certified contractors will be subject to onsite compliance reviews by Employment and Immigration Canada officials at any point...

The Federal Contractors Program is designed to ensure that organizations that do business with the Government of Canada achieve and maintain a representative work force.

Organizations which employ 100 persons or more and wish to bid on contracts of $200,000 or more to supply goods and services to the federal government, are required to commit themselves to implementing Employment Equity and to certify this commitment as a condition of their bid.

The terms and conditions of this commitment require contractors to satisfactorily fulfill a number of program criteria. These include determining and analyzing the internal work force; eliminating policies and practices that have an adverse impact on designated groups; identifying areas for change; establishing goals and timetables for the hiring and promotion of designated group members; and developing an action plan to achieve the stated goals.

Certified contractors will be subject to onsite compliance reviews by Employment and Immigration Canada officials at any point after the award of a contract. Should a compliance review indicate a failure to respect the commitment to implement Employment Equity, sanctions may be applied, which could include the exclusion of the employer from future government business.

For further information, employers should contact:

Director
Federal Contractors Program
Employment Equity Branch
Employment and Immigration Canada
Hull/Ottawa
K1A 0J9

Employers, employees and other interested parties may find it useful to begin by examining some of the key concepts in Employment Equity. These are:

• Systemic Barriers in Employment Practices

• Special Measures and Reasonable Accommodation

• Goals and Timetables

• Representative Work Force

An important legal principle is that employers are accountable even when discrimination is the unintended result of employment systems that screen out or block the progress of particular groups of employee

...if an employer' s work force is already predominately composed of employees representing only one group in our society, posting job vacancies within the company or recruiting by word of mouth among the employees is likely to perpetuate the existing situation

Employers in Canada tend to be well aware of the necessity to avoid direct, intentional discrimination, such as decisions to hire women only for secretarial positions.

However, a more subtle form of inequity, often referred to as "systemic barriers," is also likely to create inefficiency and legal vulnerability for employers.

Many employment barriers are hidden, usually unintentionally, in the rules, procedures and even the facilities that employers provide to manage their human resources. Inequity can result if these barriers encourage or discourage individuals because they are members of certain groups, rather than because of their ability to do a job that the employer needs done.

"Employment systems" or "employment practices" consist of the employer's standard ways of carrying out such personnel activities as recruitment, hiring, training and development, promotion, job classification and salary level decisions, discipline and termination. Some of these practices are formally described in personnel manuals and collective agreements while others remain more informal and are based on traditional practices.

An important legal principle is that employers are accountable even when discrimination is the unintended result of employment systems that screen out or block the progress of particular groups of employees or potential employees for reasons unrelated to qualifications, merit or business requirements.

For example, if an employer's work force is already predominately composed of employees representing only one group in our society, posting job vacancies within the company or recruiting by word of mouth among the employees is likely to perpetuate the existing situation. An alternative approach might be to deliberately vary recruitment methods, perhaps by contacting outside agencies and organizations.

 

Special measures such as targeted recruitment or special training initiatives are aimed primarily at correcting, over a specified period of time, employment imbalances stemming from past discrimination.

Reasonable accommodation... requires that adjustments be made to employment policies... so that no individual is denied benefits or forced to compete at a disadvantage for employment opportunities...

The practical limit of this duty is referred to as "undue hardship to the employer"... the need to refrain from imposing an adverse effect on other employees and the issue of avoiding excessive costs.

Employment Equity includes not only the removal of barriers but also the implementation of special measures and the application of the concept of reasonable accommodation.

Special measures are initiatives designed to accelerate the entry, development and promotion of designated group members from among the interested and qualified work force.

Special measures such as targeted recruitment or special training initiatives are aimed primarily at correcting, over a specified period of time, employment imbalances stemming from past discrimination. They are intended to hasten the achievement of fair representation in an employer's work force of qualified women, aboriginal peoples, visible minorities and persons with disabilities. In most jurisdictions, employers must base special measures on a thorough work force analysis. Employers are also advised to consult with the relevant federal or provincial human rights agency prior to carrying out the program, in order to be in a position to assure employees and managers that a particular special measure is an appropriate and necessary strategy.

Reasonable accommodation, on the other hand, requires that adjustments be made to employment policies and practices so that no individual is denied benefits or forced to compete at a disadvantage for employment opportunities or is blocked from carrying out the essential components of a job because of race, colour, sex or disability. Human rights tribunals across Canada have placed employers under a duty to demonstrate a degree of flexibility in meeting the reasonable needs of employees. It is no longer acceptable for employers to simply assume that all employees will "fit in" no matter what their special needs. The practical limit of this duty is referred to as "undue hardship to the employer" and may include the necessity to adhere to binding provisions in collective agreements, the need to refrain from imposing an adverse effect on other employees and the issue of avoiding excessive costs. Reasonable accommodation can involve such measures as redesigning job duties, adjusting work schedules, providing technical, financial and human support services, and upgrading facilities.

Often reasonable accommodation benefits all employees. The provision of allowances for child care expenses when employees take company sponsored courses not only removes a barrier that blocks many women but also assists any employee with sole parenting responsibilities. The flexible work schedules adopted by some companies in northern Canada are an accommodation that benefits aboriginal employees who are prepared to work unusual hours in exchange for significant breaks away from the work site in order to take part in traditional hunting and fishing activities. Other employees also benefit from these work schedule options, such as those with families living in southern Canada.

 

It is essential to prepare employees and managers for change, particularly when the proposed changes may affect traditional views and working arrangements

Introduction: A Planning Framework

The process of implementing Employment Equity requires planning. Employment Equity should be recognized as an essential element of good human resource management and as a process of planned organizational change.

By reviewing and adjusting their personnel systems, employers will be making changes which will be felt throughout their organization. It is essential to prepare employees and managers for change, particularly when the proposed changes may affect traditional views and working arrangements. Employers may find it helpful to think in terms of strategies for change which stress the critical importance of three steps:

• Organizational Readiness

• Management of Change

• Maintenance of Change

These are normally associated with the successful introduction of any new policy, program or practice in an organization.

The following has been developed as a framework for Employment Equity planning, and as a guide to the tasks that may be associated with each part of the process.

 

Step 1: Preparation

• Establish senior level commitment.

• Define mechanisms for consultation with employee representatives (e.g., bargaining agents).

• Identify communications resources.

• Assign senior staff and resources.

• Identify organizational values and attitudes, and sources of support or resistance for Employment Equity.

• Collect personnel information.

• Evaluate current work force information.

• Review formal and informal personnel policies and practices.

• Identify barriers in policies and practices to Employment Equity.

 

Step 3: Planning

• Establish goals and timetables.

• Design new or modified personnel systems and procedures.

• Develop special measures and reasonable accommodations.

• Determine monitoring and accountability mechanisms.

• Assign line management responsibility and accountability.

• Implement Employment Equity Plan of Action.

• Support with communications strategy.

 

Step 5: Monitoring

• Establish feedback and problem solving mechanisms.

• Carry out regular orientation and training programs for supervisors. Follow through in management performance evaluation. Reward achievements.

• Maintain and update personnel information.

• Make adjustments to program as required.

Step 1: Preparation

The organizational environment into which the Employment Equity program is introduced will have a significant effect on the planning and management of an Employment Equity program.

Commitment At Senior Levels

Employment Equity is most successful when commitment and support at senior levels is visible and consistent.

Senior managers are most supportive when they believe that change is necessary and that Employment Equity will contribute to improved employee morale and productivity.

The commitment of management is best demonstrated through the development, in collaboration with appropriate employee representatives, of a policy statement to be issued by the Chief Executive Officer or owner-operator, describing the organization's commitment to Employment Equity. This statement should then be distributed to all employees and posted in strategic locations throughout the organization.

Assignment Of Senior Staff And Resources To Employment Equity Program

There are many variations in organizational structure, some of which relate to size, degree of centralization, type of industry and nature of labour management relations. The Employment Equity approach should be structured to include one, or a combination, of the following:

• a senior level program manager, with access to senior management and labour officials or employee representatives;

• a joint labour management committee:

  • an Employment Equity advisory committee with mechanisms for union consultation, or in non unionized settings for consultation with designated employee representatives;

• designated line management responsibility and accountability.

The Employment Equity manager or committee must:

• be knowledgeable about the problems and concerns of designated groups;

• have the status and ability needed to gain the cooperation of employees, employee association representatives, and managers at all levels in the organization;

• have access to financial and human resources required to conduct planning and implementation functions;

• have sufficient time to devote to Employment Equity issues;

• monitor and be in a position to report to the Chief Executive Office on the results of Employment Equity measures; and

• be prepared to serve as the Employment Equity contact person with federal and provincial government agencies.

 

Employers may wish to obtain technical assistance and expert professional advice on Employment Equity. A federal government source, available at no cost to employers, is EIC`s Employment Equity Consultants across Canada.

The Employment Equity Consultants along with Designated Group Coordinators will provide expert advice on the four designated groups. Other sources of advice or assistance are Employment Equity practitioners, networks, private business consultants, some labour organizations, or organizations representing designated groups. In addition, federal and provincial human rights agencies provide information to employers on various aspects of employment practices.

 

It is useful to consider that many support mechanisms for the achievement of Employment Equity such as parental leave, child care provisions, job evaluation programs and flexible hours, have already been successfully negotiated between many employers and unions.

In order to consult as required...   employers in non-unionized settings may find it necessary to develop mechanisms for the election... of employee representatives and the establishment of an Employment Equity advisory committee.

Employers covered by the Employment Equity Act are legally obligated to consult with designated employee representatives or, in unionized settings, with bargaining agents. In this context, consultation means that the employer must supply sufficient information and sufficient opportunity to employee representatives or bargaining agents to enable them to ask questions and submit advice on the implementation of Employment Equity.

In some organizations, where there are joint union management committees and an understanding that advance communication will occur on issues of mutual concern, employers may wish to use similar mechanisms for Employment Equity planning.

The labour movement in Canada generally supports the concept of Employment Equity, so long as trade unions are fully informed and involved from the beginning of the employer' s planning process because they are the legitimate representatives of employee interests in unionized settings.

It is useful to consider that many support mechanisms for the achievement of Employment Equity such as parental leave, child care provisions, job evaluation programs and flexible hours, have already been successfully negotiated between many employers and unions.

As well, many labour organizations carry out regular educational programs for their members on human rights and the importance of eliminating racism and sexism in the work place.

In order to consult as required under the Employment Equity Act, federally regulated employers in non-unionized settings may find it necessary to develop mechanisms for the election or appointment of employee representatives and the establishment of an Employment Equity advisory committee. Examples of employer practices which could be examined by a committee to determine their impact on Employment Equity could include advertising and recruitment policies, company sponsored training, the organization of work schedules and facilities, and systems for promotion to management positions.

Experience has shown that Employment Equity programs are best accepted when the process of implementation is seen as fair and reasonable by employees.

 

When an Employment Equity policy statement is issued by a company, questions are likely to be raised among employees as to how present personnel practices will change, and whether employment and promotional opportunities for other than designated group members will be affected. For designated group members, there may be concerns about how self-identification will affect them individually. It is important, therefore, that the policy statement be accompanied by a communiqué explaining what Employment Equity is, the rationale for the program, and its implications for present and future employees. Assurances should be given at this time that all information provided will be treated confidentially and will not be used to identify individuals other than for the purpose of Employment Equity program activities. The communiqué should also list the names of persons responsible for administering the program, and outline any planned activities the employer may deem necessary to establish the program, e.g., analyses of the work force or of policies and procedures.

Additional communications tools may include periodic information sessions and newsletters directed to both management and employees, and the distribution of action plans and progress reports throughout the organization.

 

Initially, Employment Equity requires a concrete investment of staff time and resources, for work force research and analysis, for training, and for communicating the organization's interest and commitment to managers, employees, union representatives and local human rights agencies.

Employers may be able to reduce a portion of their Employment Equity costs by obtaining government support. At the federal level, under the Canadian Jobs Strategy, employers may wish to inquire at any Canada Employment Centre about their eligibility for funds to support job creation and training initiatives for members of designated groups and for upgrading their facilities for disabled persons. Recruitment costs can also be reduced by working with community based employment services (e.g., Outreach projects) funded by Employment and Immigration Canada (EIC). Similar programs may be sponsored under various provincial government programs.

As well, some community groups may be prepared to put employers in touch with qualified and available designated group members, or to comment on an employer' s particular approach to Employment Equity planning.

 

Flow data provides information on the movement of employees into and through the organization.

Data - Developing An Internal Work Force Profile

Data necessary for Employment Equity planning includes both "stock" data and "flow` data.

Stock data provides a snapshot of the organization by showing where members of designated groups are employed in the organization, at what salaries and status and in what occupations on a particular date.

Flow data refers to the distribution of designated groups in applications, interviews, hiring decisions, training and promotion opportunities, and terminations. Flow data provides information on the movement of employees into and through the organization.

 

Some of the information necessary for Employment Equity planning will be available in existing personnel files, e.g., salary, sex, access to benefits, seniority status, occupation and career history in the organization. Other data, particularly on the distribution of members of designated groups in the employer's organization, will likely have to be gathered by the employer.

 

Federal regulations accompanying the Employment Equity Act describe the types of data that federally regulated employers must provide on an annual basis to EIC in order to show progress in Employment Equity. Other employers may find these regulations useful for establishing data requirements. Briefly, these regulations require data reports on the status of women, persons with disabilities, aboriginal peoples and visible minorities, relative to other employees, by:

• industrial sector;

• geographic locations (major metropolitan areas, provinces, all Canada);

• occupational groups;

• employment status (full-time, part-time, temporary);

• salary ranges; and

• hirings, promotions and terminations.

Director
Data Development & Systems Analysis
Employment Equity Branch
Employment and Immigration Canada
Hull/Ottawa
K1A 0J9

N.B.: The Federal Contractors Program does not require organizations to collect data or compile work force information in a prescribed format; however, the criteria require that data will show at least designated group representation by occupational group and salary range.

 

There are two convenient points at which individuals may be asked to identify themselves as members of designated groups for Employment Equity purposes.

One is at the point of application for a job (pre-employment). Another opportunity occurs after the hiring decision, when the individual is part of the employer's work force (post-employment).

 

...data on the membership of applicants in designated groups may be obtained routinely by the employer...

Most human rights codes restrict the range of questions that may be included in pre-employment inquiries. However, if an employer is consciously putting Employment Equity measures in place based on a work force analysis, certain pre-employment inquiries may be accepted by the relevant human rights agency. For example, an employer may wish to make a concerted effort for a specific period of time to seek out qualified women for certain positions.

The usual advice regarding "applicant data" provided to federally regulated employers by the Canadian Human Rights Commission is that data on the membership of applicants in designated groups may be obtained routinely by the employer. as long as the information is provided voluntarily and is clearly separated from the interview and hiring process. Many companies use a "tearoff" sheet, attached to application forms, which is then used to monitor the relative numbers of applicants from the designated groups. Employers should obtain guidance on this practice from their provincial human rights agencies, as legislation varies from province to province.

 

Post-employment inquiries may be conducted in order to contribute to Employment Equity inquiries planning. Again. however, the provincial, territorial and federal governments vary in their approach and criteria, and should be consulted through the appropriate human rights agencies.

 

Under the Employment Equity Act, employers are required to gather data on members of designated groups in accordance with the following criteria:

• Employees must voluntarily agree to be identified or identify themselves as members of designated groups.

• The use of the data must be restricted to Employment Equity planning or reporting purposes.

Obviously, in order to obtain a high level of response to data gathering efforts, clear communication between employer and employees is vital. Until designated group members and other employees become aware of the value of an Employment Equity program, self-identification may create some challenges for the employer.

One challenge will be to create a climate of trust in the management of the program. Every effort should be made to encourage employees to self-identify and to participate in the program. Employers may find it useful to meet with employees or their representatives on a regular basis to answer questions and to respond to concerns or suggestions.

 This may also mean that a number of management oriented activities need to be developed and marketed throughout the organization. Employers may encourage participation and confidence in the program by providing specialized training to managers on various aspects of Employment Equity programs, and by providing opportunities for managers to be recognized for their contributions to the development and administration of effective Employment Equity strategies.

An employer may identify an employee as a member of a designated group, subject to the express voluntary consent of the individual concerned.

Some employers have formed committees to monitor the self-identification process. Members have included union representatives, human rights experts, management representatives, members of community groups representing the interests of the designated groups, and employee representatives. Other employers have assigned this responsibility to an advisory committee established to oversee the complete program.

If an employer administers a self-identification questionnaire, confidentiality and a clear commitment at senior levels to the concept of Employment Equity should be communicated.

A self-identification form could contain:

• an explanation of the employer's Employment Equity policy, the purpose of the Employment Equity program, and the need for the information requested;

• an indication that the information supplied will be confidential and will be used only for Employment Equity purposes by those persons identified as responsible for the program;

• the categories for self-identification, with brief explanations and examples;

• an indication that the form has been reviewed by the relevant human rights agency;

• space for comments and suggestions; and

• the name of a contact person for information and suggestions.

Special arrangements, such as braille forms, confidential interviews, or translations may be required so that employees who are unable to respond to a questionnaire (visually impaired persons, illiterate persons, employees who are unfamiliar with the language on the form, etc.) may be included. 

 

It is preferable to collect data on employees through direct communication with individual employees, so that they know it is accurate and consent to its use. This method elicits more reliable information, particularly from those employees with invisible disabilities or aboriginal origins. It also precludes the possibility of prejudicial or incorrect information from uninformed sources and reinforces the concept that all employees are involved in employment equity.

 

Payroll lists and the results of the organization's self-identification exercise will provide the information needed to construct a basic work force profile.

The 1980 Standard Occupational Classification (SOC) is an occupational classification manual created by Statistics Canada for use in statistical surveys and for other purposes. It is readily available to employers through most public libraries, many academic libraries. and all depository libraries, or it may be purchased from Supply and Services Canada. The SOC consists of job descriptions of the occupational unit groups. Employers who are covered under the Act must refer to the SOC as prescribed by Section 11 of the Regulations.

A list of depository libraries may be obtained from Supply and Services Canada, Canadian Government Publishing Centre, Hull/Ottawa, KIA 0S9. Ask for the free publication "Where and How...to obtain Canadian Government Publications."

Although this stage of the development of a work force profile is often time-consuming, it is not difficult and will be helpful later when employers compare their Internal work force with external work force data provided by EIC. This data is organized according to 4-digit SOC classifications.

To build a work force profile, employers should first refer to the 4-digit unit groups and choose the one to which the job belongs. Once the appropriate unit group has been chosen, the job is then reported according to the Employment Equity Occupational Groups.

For example, secretaries and stenographers are classified in unit group 4111. This unit group can then be assigned to the "Clerical Workers" group.

Employers with large work forces and numerous job titles may wish to group their employees into occupational groups for monitoring and federal reporting purposes.

Occupational classification assistance is available from the Occupational Specialist of Data Development and Systems Analysis Directorate.

 

The work force analysis is a major component in the employer' s planning process.

A full work force analysis identifies the following:

• the distribution of designated group members according to occupation and salary level throughout the organization;

• the nature and scope of certain positions where discrepancies are found to exist; specific areas of low representation or concentration of all designated groups;

• areas where improvement is possible based on historical turnover rates and future expansion plans;

• the areas that should be improved in the short term with those that can be realistically changed;

• the kind of information important to support special measures which may be needed to remedy identified problems of underrepresentation (Canadian Human Rights Act, Section 15).

Factors such as the availability of qualified designated group members in normal recruiting sources, the impact of using alternative recruiting sources, restrictions imposed by collective agreements on hiring or staff movement, or the effect on certain occupations of the need for specialized skills must also be considered.

A narrative statement or summary of the conclusions drawn from the examination of the work force analysis forms part of the Employment Equity work plan. As this analysis is the basis of a plan, it is an essential component of the plan which explains or justifies proposed actions.

Once the status of designated group employees within the organization has been determined and the employer's job titles have been translated into Standard Occupational Codes, the work force profile should be compared to the representation of qualified designated group members available (utilization analysis). Several variables must be kept in mind in this comparison:

  1. the recruitment areas from which new employees for specific occupational categories are normally obtained;

2. additional talent pools used for recruiting;

3. the skill requirements of the job; and

4. the availability of employees inside the employer's organization for training and promotion.

 

Focus On Systems

The insights obtained from the comparison of internal work force data with availability data, should provide employers with a starting point for an audit of employment practices.

The types of employment practices that should be examined include:

 

• Recruitment processes

• Training and development

• Performance evaluation systems

• Promotions and upward mobility

• Levels of compensation

• Access to benefits

• Termination processes

• Discipline procedures

• Facilities (building design) and access to assistance

• Job classification and descriptions

 The usual test for identifying systemic barriers involves assessing the policy, practice or system by the following criteria:

• Is it job related?

• Is it valid?

• Does the test, or required qualification, have a direct relationship to job performance?

• Is it consistently applied?

• Does it have adverse impact (i.e., does it affect members of designated groups more than those in dominant groups)?

• Is it a business necessity?

• Does it conform to human rights and employment standards legislation?

Examples Of Systemic Barriers

Step 3: Development Of An Employment Equity Plan

The Employment Equity Plan is a working tool designed to achieve results. It is a document which formulates the means and methods by which proposed actions are to be achieved. As a human resource business plan, it should be an integral part of the organization's overall operational plans and must include at least:

• numerical goals, with time frames for achievement, clearly expressing the proposed improvement in the hiring, training, and promotion of the four designated groups to increase their representation and improve their distribution throughout the organization;

• a description of specific activities to achieve the numerical goals;

• an outline of monitoring and evaluation procedures to follow program implementation.

•  

Goals and timetables establish a framework within which performance may be measured and plans adjusted if necessary to achieve Employment Equity. Numerical goals must be realistic numbers related to the work force analysis and project opportunities for hiring, training and promotion. They must demonstrate a bona fide effort to correct under-representation or concentration of all designated groups in specific occupations or occupational categories.

Non-numerical goals are activities associated with a supportive environment. These refer to actions such as improvements in access to facilities, targeted recruitment and advertising, modification of employment policies or practices, and provision of developmental training.

The work force analysis and the review of employment systems will provide the employer with a useful base on which to develop realistic goals and timetables. Although common sense and experience are the usual guidelines, several statistical methods can be used to determine appropriate objectives depending on the size and complexity of the organization. Technical guidance may be obtained from EIC' s regional Employment Equity Consultants.

 

Expanded employment opportunities for designated groups and the achievement of a representative work force are the goals of Employment Equity. In order to achieve a representative work force, one must utilize and understand availability data. Availability data are discussed below in the section "Availability Data/External Work Force Data."

From the employer's point of view, an organization's work force is representative when it reflects or exceeds the demographic composition of the external work force. A representative work force reflects or exceeds the current proportions of women, visible minorities, aboriginal peoples and persons with disabilities in each occupation as are known to be available in the external work force and from which the employer may reasonably be expected to draw or promote, because of skill, qualifications, union membership, license, permit or other bona fide occupational requirement, or because of their geographic accessibility to the employer.

A representative work force is a good indication that an employer is not limiting access to the skills and talents of Canadian workers by discriminating on the basis of sex, race, colour or disability.

A non-representative work force signals the need for evaluation and action, so that whatever is blocking or discouraging certain groups from employment and advancement may be corrected.

 

Employment Equity availability data, or external work force data, which is derived from the 1986 Census and the Health and Activity Limitation Survey provides a necessary part of the information that employers will need to determine whether or not their work force is representative. External work force data indicates the representation of designated group members according to Employment Equity occupational groups, detailed occupational groups by population, and labour force status for certain geographic areas (i.e., national, provincial, territorial and 25 Census Metropolitan Areas).

Employment Equity availability data is provided to employers as an indicator of the average levels of representation of designated groups presently in the labour market. Occupational data (tables 4 to 7, 13 and 15) reflect the inequitable situation in the current work force. Therefore, comparison of an organization's rates of representation of designated groups with those shown in these tables only measures the employer' s performance against an acknowledged poor standard.

For this reason, it is not recommended to use occupational data as the only standard by which to measure effective utilization or to set employment equity goals; rather, a more complete picture of designated group levels would be obtained by referring also to population and labour force activity tables in the availability data, and to data from local sources such as educational institutions, organizations representing the designated groups, local Canada Employment Centers, private agencies, community groups, or the Employment Equity Branch of EIC.

It should be noted that data analysis is only one factor among many in determining the degree to which employment is being achieved.

A comparison of the internal representation of designated groups with the external work force data should allow employers to determine if designated groups are under represented or concentrated in specific occupational categories in the organization, compared to their presence in specific recruitment areas, in the work force in general, and within the organization. These findings will assist employers in setting reasonable goals and timetables for the achievement of a representative work force.

Recruitment areas will vary for certain occupational groups and salary levels. For example, it may be appropriate to recruit semiskilled workers and trainees from the local community. However, it is reasonable to assume that recruitment will take place on a national level for more senior and higher paid positions.

EIC has developed data packages on designated groups by occupation and geographic recruitment area (i.e., national, provincial, territorial and 25 Census Metropolitan Areas) for the designated groups. These will provide employers with external work force information. Employers can expect this data to improve over time, as special surveys are carried out and analyzed

Employers will now have census data for women, aboriginal people and visible minorities disaggregated to the level of the Canada Employment Centre that serves their recruitment area. The data will be especially useful to employers located outside the 25 designated CMAs. An employer undertaking target recruitment can now identify the relevant CECs and associated pool of designated group members within reasonable proximity of the employment opportunities.

These data packages are distributed by:

Director
Data Development and Systems Analysis Employment Equity Branch
Employment and Immigration Canada
Hull/Ottawa
KlA 0J9

 

Employers will find that each approach to implementation is unique. The success of plan implementation depends on the clarity of roles and responsibilities, the availability of resources, the effectiveness of the communication strategy, the acceptance of plan initiatives and objectives, and the availability of needed training. The plan, throughout the implementation period, is affected by changes in the internal and external environment. Its strategies can be modified or eliminated when results are not achieved or if resource restraints or economic conditions necessitate a different strategy. Its implementation is guided and monitored by those responsible and accountable for its outcome.

 

Study #1

The company has had a formal policy of hiring disabled persons for the past two years. However, only two have applied and neither was suitable for the job. The company wants to succeed in this area.

The Approach: The company has decided to take a proactive approach with an outreach recruitment program. It has contacted associations representing persons with disabilities and is encouraging its managers to make use of cost-effective procedures such as the Job Accommodation Network and has passed along word to the local Canada Employment Centre. It is undertaking a review of job content and selection criteria (i.e., written selection examinations) to ensure that employment systems do not discriminate against potential disabled employees. A policy is being implemented whereby each manager must develop initiatives and be accountable for such initiatives in his/her own area. This company maintains a policy of hiring from within. This policy will be examined in consultation with union representatives with a view to attempting to exempt certain positions from this requirement. In this way, more disabled persons may be employed in this company. A policy has been instituted whereby an employee who becomes disabled can be retrained and retained in other more suitable employment. A union management team has been established to examine the existing compensation package to determine if it is discouraging managers from hiring disabled workers.

 

There are no women in the upper levels of management. The reason is simple enough the company has an internal promotion policy and women are not yet in a position to be eligible for the top jobs. The company is hopeful one or two will rise someday from the ranks.

The Approach: The company has decided that leaving things as they are will be too slow. It decides to move on a number of fronts such as establishing an accelerated management trainee program for high potential women and carrying out external search activities for key occupational groups. It intends to set targets for female managers and hopes that its expanded selection pool will help them succeed.

 

The company administers a standard selection test for entry level jobs to all applicants. The company suspects that the test is biased in some way against persons from different cultures and social backgrounds, but needs an efficient way to screen the hundreds of applicants who apply for the positions.

The Approach: The company has decided to validate the test and at the same time see if other selection processes are available which don't have an adverse impact. It has set targets for both activities and will carry out an interim evaluation of the new practices in six months. Validation means that the company will determine whether or not the test hasany meaningful relationship to job performance, and often requires a careful classification of the essential components of the job and the skills that are required.

 

The company does not see much opportunity to implement Employment Equity. It is experiencing a seriously restrictive economic environment, and the resultant social pressures are not conducive to achieving Employment Equity. The situation looks bleak.

The Approach:This unionized company established healthy and cooperative communications at the labour management level. These communications were predicated on a joint union management opinion survey used to develop internal policies and recommendations for actions. As a result, Employment Equity has been integrated throughout the company. The economic conditions did not allow for much recruitment, other than student employment. Therefore, efforts were concentrated on increasing the employment opportunities for women, particularly in the area of promotions and training. In addition. special measures were introduced for persons with disabilities and innovative accommodations were made for sole support mothers.

 

Step 5: Evaluation And Monitoring

Monitoring allows the employer to assess progress towards a representative work force, determine the effectiveness of equity initiatives and respond to organizational and environmental changes.

Monitoring should help the employer to answer the following questions:

 

• Has implementation of the Employment Equity plan accomplished what was intended?

• What problems or concerns have surfaced as a result of the plan's implementation?

• Are the resources assigned to Employment Equity sufficient and well used?

• Is there a method to reevaluate objectives if these are not being met. and are there other ways to achieve desired results?

Annual progress reports permit all employees to follow the organization's initiatives and achievements. Interim reports on special projects heighten program visibility and acceptance and promote management commitment and accountability.

 

Employment Equity is an approach to human resource management that will need to be supported and reinforced at regular intervals. An orientation to Employment Equity objectives and plans should be a routine part of management training, employee communications strategies and public relations activities.

 

All employers need to monitor their programs to ensure that results are being achieved and efforts well spent.

Under the Employment Equity Act, federally regulated employers monitor specific indicators which are reported to the government. The Minister's Annual Report to Parliament includes an assessment of the performance of those employers with respect to the key indicators. Employers subject to the Federal Contractors Program are expected to maintain an ongoing record of hirings, training, promotions and terminations. including the identification of designated groups within these activities.

By asking the kinds of questions that are used to evaluate other business initiatives, employers will find themselves gathering both quantitative and qualitative information. Quantitative information permits employers to measure specific trends and may include comparisons of designated group participation rates with non-designated group participation rates in:

• number of applicants;

• number of interviews;

• number of hirings;

• promotion and transfer records;

• training requests and activities;

• apprenticeship programs;

• terminations: and

• human rights complaints.

 A successful Employment Equity program will also generate significant changes in the quality of human resource management in the organization. Some of these changes may include:

• a stronger interest on the part of employees and managers to their rights and responsibilities regarding Employment Equity:

• a higher profile for the personnel function;

• a more flexible and creative approach to training, scheduling and mobility in the organization for a wider variety of individuals;

• more efficient use of the skills and abilities of all employees.

Reactions to these results of Employment Equity may be obtained through surveys, interviews, discussions at regular intervals and the management appraisal process.

 

The complexity of the monitoring process will depend on a number of variables: the type of organization, the kinds of initiatives undertaken, the rate of progress, the visibility of the organization and the resources. Some of the more common monitoring tools and processes include:

• periodic internal work force analysis and external comparison;

• ongoing monitoring of employment practices and adverse impact testing;

• review of management objectives and performance;

• review of progress reports with managers, unions and employee representatives; overall plan assessment.

The monitoring activity is an essential component of the planning cycle. It is here that the employer determines whether goals are being attained and problems are being resolved, whether new programs are succeeding and whether strategies have been effective. If the answer is negative to any of these, it is at this point that changes are introduced and new goals established. The planning process is evolutionary because the achievement of Employment Equity involves organizational change and builds on experience.

 

Conclusion

These Guidelines are intended to be an aid to employers and flexible enough to provide a variety of options for implementing Employment Equity. They will be supplemented with materials which discuss in-depth specific issues and practices as the federal programs develop.

The Guidelines provide an introduction to basic concepts and practical measures for the employer to identify employment barriers and to develop strategies to overcome those barriers and achieve equitable representation for members of designated groups.

Employment Equity involves long-term organizational change and as such requires careful planning, organization, commitment and review. The specific initiatives of organizations will vary, but the goal of Employment Equity remains constant.

For further information, contact:

Employment Equity Branch
Employment & Immigration Canada
140 Promenade du Portage, Phase IV
Hull/Ottawa
KIA 019

 

1. Aboriginal Peoples (Autochtones)

In Canada, individuals who identify themselves as Status Indians, Non-Status Indians, Inuit or Metis.

2. Adverse Impact (Effet défavorable)

The effect of an employment practice or process which disproportionately excludes any identifiable group from employment opportunities or creates inequality in conditions of work.

3. Availability Data (Données sur la disponibilité)

An employment requirement that is in fact necessary for safe, efficient and reliable performance of the essential duties of a job.

5. Business Necessity (Nécessité administrative)

A business practice that is essential to the safe and efficient operation of the organization.

6. Census Metropolitan Area (CMA) (Région métropolitaine de recensement)

The main labour area of an urbanized core (or continuously built-up area) having a population of 100,000 or more. CMAs are usually known by the name of the urban area forming their urban core, such as Vancouver, Edmonton, Regina, Montreal and Halifax. CMAs are often larger than precise city limits, when a significant number of individuals commute on a regular basis between the core and nearby municipalities.

7. "Cheap Screening" (Sélection réductrice)

Use of arbitrary and potentially discriminatory selection requirements to reduce the number of job applicants. When an employer needs an efficient way to screen an unmanageable number of applications for a position, it is important that the screening criteria be job-related. An example of "cheap screening" which may have an adverse impact on some designated groups is the "Grade 12 diploma" requirement. If a certain level of literacy is required by the job, other screening methods, such as skill tests or requests for evidence of equivalent experience, might be more appropriate.

8. Concentration (Concentration)

A disproportionately high ratio of any one group of workers to other employees in a specific type of job, unit, level or occupational group.

9. Consultation (Consultation)

In the context of Employment Equity, a full and sufficient opportunity and sufficient information provided by the employer to employee representatives or, in a unionized setting, to bargaining agents, so that they may have a reasonable opportunity to ask questions and submit advice.

10. Credentialism (Diplômanie)

Use of job requirements such as diplomas, university degrees, training certificates, and other formal criteria not justified by the needs of the job (see "Cheap Screening").

11. Designated Groups or Target Groups (Groupes désignés ou groupes cibles)

A plan containing the employer's goals, timetables, and strategies for improving the representation of each of the designated groups in various occupations. A plan assigns clear responsibility and accountability for each activity, and describes the monitoring and evaluation procedures as it is being implemented.

15. Employment Systems (Méthodes d'emploi)

Those formal or informal procedures used to recruit, hire, manage and develop human resources. They consist of policies and practices related to job recruitment, selection, training and development, upward and lateral mobility, wages and benefits, working conditions, terminations, and layoffs.

16. Flow Data (Données sur la mobilité du personnel)

Data describing, in numerical terms, the movement of employees into and through an organization. Flow data usually includes the numbers of applications, interviews, hiring decisions, training and promotion opportunities, and terminations that occur in a specified length of time.

17. Geographic Recruitment Area (Zone géographique de recrutement)

An area from which an employer may reasonably be expected to draw candidates for a given occupation. For example, at certain levels of salary and expertise, employers would be expected to seek employees nationally. For other occupations and particularly where licenses apply, provincial boundaries may define the recruitment area. For many jobs, the applicants are normally drawn from the local community, for example, office workers, semiskilled workers and manual labourers. The appropriate geographic recruitment area for an occupation may vary from time to time as economic and labour market conditions change.

18. Goals and Timetables (Objectifs et échéanciers)

Refers to both numerical and non-numerical goals which the employer plans to achieve within a specified period of time. Numerical goals refer to the number or percentage of qualified individuals in a designated group who are to be recruited, trained, and promoted in a given period. Numerical goals are not quotas but represent the expectations of the organization given its best effort. Non-numerical goals may include decisions to establish or change a specific employment practice over a certain time frame.

19. Harassment (Harcèlement)

Practices, comments or suggestions making reference to sex, racial or ethnic origin or disability that injure, humiliate, insult or intimidate, invade personal privacy, undermine job performance or threaten economic livelihood.

20. Intentional Discrimination (Discrimination intentionnelle)

Deliberately unfair practices stemming from prejudice or ill-will.

21. Job-relatedness ((en) Rapport avec l'emploi)

Appropriateness of stated qualifications used as criteria for hiring or promotion. If qualifications or criteria for employment or promotion are "job-related," they are directly linked to satisfactory performance of the essential components of the job.

22. Labour Force (Population active)

That portion of the population 15 years of age and over who were employed. unemployed and actively looking for work, or on layoff and available for work during the reference week of the Labour Force survey conducted by Statistics Canada on a specified week each month.

23. Neutral Employment Systems (Méthodes d'emploi neutres)

Systems which do not have an adverse impact on any group.

24. Occupational Segregation (Ségrégation professionnelle)

The tendency to stereotype jobs according to sex so that some occupations become known, for example. as "women's jobs." Occupational segregation is reflected in the fact that women are presently concentrated within a narrow range of occupations approximately 60 per cent of female workers are clustered in 20 of 500 occupations, primarily in clerical, sales and service occupations. In contrast male workers are more evenly distributed throughout the occupational structure.

25. Participation Rate (Taux d'activité)

For a particular group (age, sex, marital status), that group's labour force expressed as a percentage of its population.

26. Persons with Disabilities (Personnes handicapées)

"Every individual whose prospects of securing, training and advancing in suitable employment are substantially reduced as a result of a duly recognized physical or mental impairment." (Convention 159 of the International Labour Organization)

Physical disabilities can be visible or non-visible and can include any degree of paralysis. amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, muteness or speech impairment, or physical reliance on a guide dog, wheelchair or other appliances or devices. Learning, mental or psychiatric disabilities can include learning or comprehension incapacities which are significant and persistent but permit the individual so disabled to carry out duties and perform tasks in a reliable manner under a reasonable amount of supervision.

27. Positive Policies and Practices (Politiques et pratiques positives)

Special effort needed to achieve Employment Equity, such as a "special program, plan or arrangement" (S.15.1, Canadian Human Rights Act) or a "law, program, or activity" (S. 15.2, Charter of Rights and Freedoms).

28. Proportionate Representation (Caractère représentatif de l'effectif)

The achievement of representation in an organization's work force equivalent to or in excess of the representation rate of members of designated groups within occupational groupings in the work force as a whole.

29. Reasonable Accommodation (Mesures raisonnables d'adaptation)

31. Representative Work Force (Représentation proportionnelle)

A work force that contains the same or higher proportions of designated group members in each occupation as are known to be present in the relevant work force.

32. Requisite Skills/Qualifications (Compétences requises)

The certification, education, training or work experience necessary to function in a job.

33. Self-Identification (Auto-identification)

A requirement, under the terms of the Act, for individuals to identify themselves to an employer or agree to be identified by an employer if they fall into one of the designated group categories as defined in Section 3 of the Employment Equity Regulations. Self-identification is voluntary, and the employer may identify an employee as a member of a designated group only with the express voluntary consent of the individual concerned. Employers, however, must collect data on the representation and distribution of designated group members in their work force in order to plan, implement and report on employment equity programs.