Black and 2SLGBTQIA+ Added As Protected Groups To Employment Equity Act

Exciting news is on the horizon for Canada’s human rights landscape as the country gears up to add two new protected groups to the Federal Employment Equity Act: Black individuals and members of the 2SLGBTQIA+ community. This progressive step holds immense potential to reshape workplace dynamics and foster greater inclusivity and equity. In this article, we’ll explore what changes are in consideration, how they impact hiring processes for Canadian companies, and how your organization can be proactive in creating an inclusive and equitable workplace for your Black and 2SLGBTQIA+ workforce .

Note: In this article, we use the term ‘Black’ to inclusively represent individuals from diverse Afro-descendant backgrounds, including those who identify as BIPOC, mixed race, and more. We use the term ‘2SLGBTQIA+’ to inclusively represent a spectrum of identities, including Two-Spirit, lesbian, gay, bisexual, transgender, queer/questioning, intersex, and additional sexual and gender diversities.

What is changing with the Canadian Employment Equity Act?

The government of Canada is amending the Employment Equity Act to add Black and 2SLGBTQIA+ people as protected groups. This Act, made in 1986, helps to remove problems that bar groups of people from doing their best in their workplace. It applies to federally mandated workplaces so everyone is treated fairly and equitably. One goal would be to address systemic workplace barriers these particular groups face.

How could the addition of Black and 2SLGBTQIA+ to the Canadian Employment Equity Act affect your hiring process?

As a Canadian employer, the addition of Black and 2SLGBTQIA+ individuals to the list of protected groups signals a reevaluation of your workplace policies, practices, and cultures. This expansion underscores the importance of proactive diversity and inclusion efforts:

  • Employers may need to review and potentially update their hiring policies to ensure compliance with the new regulations. Failure to do so could result in legal repercussions, including lawsuits and fines.  A great place to start is making sure that all forms and documentation capture the added protected groups so they can self-identify correctly – and the employer gets the data they need.

  • Implementing comprehensive anti-discrimination policies.

  • Providing training to employees on issues related to race and 2SLGBTQIA+ rights.

  • Creating spaces where individuals from these communities feel valued and respected.

This creates safer and more welcoming environments for individuals to live, work, and thrive. But such change can take time to be embraced and adopted within any given organization’s culture and operations. Here are some considerations to meet this change with as much impact and intention as possible:


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Working with the right diversity vendor can help you achieve these goals more effectively. Additionally, their expertise ensures that your diversity and inclusion initiatives are not only current but also impactful. This can look like:

Addressing these protected groups brings visibility to the experiences, perspectives, and contributions of Black and 2SLGBTQIA+ workforce. This visibility can lead to more targeted and effective efforts to address disparities and promote equity.


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Update Legal and Compliance policies 

Your organization should update existing policies and procedures and make sure they accurately reflect the new changes.  It will be important to ensure that the language in these policies is inclusive, and accurately reflects the new landscape of protected groups. This means spelling out Black and 2SLGBTQIA+ communities specifically where references to protected groups are made.

Organizations should take extra care in reviewing policies that speak directly to approach and culture related to diversity and inclusion. This may include policies such as: 

  • Equal Employment Opportunity (EEO) Policy

  • Code of Conduct/Ethics Policy

  • Diversity and Inclusion Policy

  • Recruitment and Hiring Policies

  • Performance Evaluation and Promotion Policies

  • Training and Development Policies

  • Employee Resource Group (ERG) Policies

  • Supplier Diversity Policies

Perhaps more important than the policy documents themselves will be ensuring that the organization’s leaders are trained and equipped to enforce policies and support the diversity of the workforce.

Organizations should also consider compensation practices and policies. For example, your organization should ensure that health and dental benefits are inclusive. This means including medical services that are important for 2SLGBTQIA+ individuals.


track and monitor representation of Black and 2SLGBTQIA+ groups in your organization

One of the main challenges is accurately tracking and monitoring the representation of the newly added protected group within your organization. This may be a challenge if employees are not required to disclose information about their membership in the protected group. The voluntary nature of disclosing membership in the newly added protected group can complicate efforts to gather accurate data. Employees may choose not to disclose this information due to concerns about privacy, discrimination, or be uncomfortable with sharing personal information.


Address resistance to change from C-suite and other stakeholders

Resistance to diversity change initiatives can stem from a variety of sources. Often, individuals may feel threatened by the perceived disruption of established norms or fear that these changes will challenge their own positions or advantages. There may also be concerns about reverse discrimination or a lack of understanding about the benefits of diversity, leading to skepticism about the value and impact of such initiatives. Additionally, ingrained biases and a lack of familiarity with diverse perspectives can make people uncomfortable with change, as they may not fully grasp the positive outcomes that diversity can bring to the organization.

Managing change effectively is crucial in addressing and overcoming this resistance. Clear communication about the goals and benefits of diversity initiatives, along with providing education and training, can help alleviate fears and misconceptions. Engaging employees in the change process, offering support, and demonstrating the tangible benefits of a diverse and inclusive environment can foster buy-in and commitment. This is why it is essential to approach change management thoughtfully and strategically, ensuring that all stakeholders are aligned and invested in the journey towards a more inclusive workplace.

5 Ways to Manage Resistance to Change when it Comes to Diversity Initiatives

 
Training session about diversity and inclusion

1. Provide Education and Awareness Training

Educate all employees, including those at the C-Suite level, about the critical importance of diversity and inclusion. This comprehensive education should encompass compelling data that demonstrates the numerous advantages of a diverse workforce, such as enhanced creativity, improved decision-making, and increased profitability. Discussions should also address unconscious bias, systemic racism, and discrimination, providing a deeper understanding of these issues and their impact on workplace dynamics.

By fostering awareness and knowledge at all levels, we empower our leadership and team members alike to actively advocate for inclusive practices, driving positive change and creating a workplace where diversity is not just valued but integral to our success.


Workshop participants smiling and talking

2. encourage Open Dialogue Initiatives

Foster an environment where open, honest conversations about race, sexuality, and other aspects of identity are not only encouraged but actively supported. This can be achieved through workshops, forums, and facilitated discussions where employees can explore these topics, share experiences, and ask questions in a safe and respectful manner.

By creating these spaces, we aim to deepen understanding, empathy, and mutual respect among our team members. It's through these dialogues that we can cultivate a culture of inclusivity where everyone feels valued, understood, and empowered to bring their whole selves to work.


3. Highlight Success Stories

Share examples from within and outside the organization where embracing diversity has resulted in tangible improvements in company culture and business outcomes. Highlighting success stories can illustrate how diverse perspectives enhance innovation, problem-solving, and decision-making. By showcasing these examples, we aim to inspire and motivate our team to actively champion diversity and inclusion as drivers of both personal and organizational growth.

Emphasizing real-world benefits reinforces our commitment to creating a workplace where diversity isn't just valued but actively leveraged for better business performance and a stronger, more inclusive culture.


Leader facilitating a session about diversity and inclusion

4. Hold leadership accountable

Set clear diversity and inclusion goals for leadership and integrate these into performance evaluations. Holding leaders accountable for these objectives reinforces top-down support for our diversity initiatives, ensuring they are not just words but actionable commitments.

By aligning leadership goals with our values of inclusivity, we foster a workplace where everyone feels valued and empowered to contribute their unique perspectives. This approach not only strengthens our organizational culture but also drives meaningful progress towards a more equitable and diverse environment where everyone can thrive.


Corporate meeting Black ERG Group

5.create Peer Support Networks

Create or strengthen support networks and affinity groups for Black, 2SLGBTQIA+, and other protected group employees. These peer support groups provide crucial spaces for sharing experiences, providing mentorship, and advocating for inclusive policies within our organization. By fostering these communities, we aim to empower individuals to thrive professionally and personally, ensuring that every voice is heard and valued in our workplace culture. Together, we can cultivate a more inclusive and supportive environment where diversity is celebrated and everyone can contribute their best.


Black Class Action: legal action taken against systemic racism and discrimination in Canada’s Public Service sectors

The Black Class Action is a significant legal initiative aimed at addressing systemic racism within the Canadian Public Service. This class action lawsuit has been filed on behalf of Black Canadians, seeking long-term solutions to combat discrimination and promote equality in federal employment practices. The lawsuit encompasses issues such as:

  • Wrongful failure to promote Black employees.

  • Intentional infliction of mental suffering.

  • Violations of employment and human rights laws.

This is a clear example of the consequences when workplaces fail to provide inclusive and equitable opportunities. 


In Conclusion: the addition of protected groups in the Employment Equity Act is an opportunity for your hiring process

This change mandates Canadian employers to reevaluate and enhance their hiring practices and policies, ensuring they not only comply with new regulations but also genuinely support diversity and inclusion. 

By adopting proactive measures such as updating legal frameworks, conducting awareness training, and promoting open dialogues, organizations can create a more equitable environment. Moreover, addressing and overcoming resistance within leadership and across organizational structures is crucial for meaningful progress. Implementing these changes not only aligns with legal requirements but also significantly benefits organizational culture and performance, paving the way for a diverse, inclusive, and successful workplace. 

Embracing this shift will position your organization as a leader in equity and inclusion, setting a standard for others in the industry to follow. When a workforce regardless of race or identity can thrive and contribute to their fullest potential in the workplace, society benefits at large.

 

Diversity in hiring practices is crucial for fostering innovation and creating dynamic work environments. When organizations prioritize diversity, they benefit from a wide range of perspectives and ideas that drive creativity and problem-solving. This inclusive approach not only enhances team performance but also reflects the diverse customer base they serve, leading to better market understanding and more effective solutions. In Canada, embracing diverse hiring practices is essential for organizations aiming to build a workforce that mirrors the rich cultural and ethnic tapestry of the country. By prioritizing diversity, companies can attract top talent, improve employee satisfaction, and gain a competitive edge in the marketplace.

For employers in Canada, implementing robust diversity hiring practices is more than a compliance measure; it's a strategic advantage that drives organizational success. Diversity job boards play a key role in connecting employers with a wide array of qualified candidates from various backgrounds, ensuring that hiring practices align with the principles of equity and inclusion. By actively engaging with these platforms, organizations can tap into a broader talent pool and demonstrate their commitment to creating an inclusive workplace. This not only helps in building a more representative workforce but also enhances the company’s reputation as a forward-thinking and socially responsible employer, ultimately leading to greater innovation and employee satisfaction.

 

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