Employment Equity (Canada) - Distinct From Other Human Rights Concepts

Distinct From Other Human Rights Concepts

The Canadian Human Rights Act has long prohibited discrimination on the basis of gender, race, ethnicity, and certain other grounds. The Canadian Human Rights Act continues to be in force alongside the Employment Equity Act. The key distinction between the two laws is that the Canadian Human Rights Act merely prohibits discrimination, whereas the Employment Equity Act requires employers to engage in proactive measures to improve the employment opportunities of the four specific groups listed above. Note that the Canadian Human Rights Act protects a wider range of minorities (such as sexual minorities and religious minorities), while the Employment Equity Act limits its coverage to the aforementioned four protected groups. In Canada, employment equity is a specific legal concept, and should not be used as a synonym for non-discrimination or workplace diversity.

Employment equity should not be confused with pay equity, which is an entirely distinct concept. Pay equity, as a Canadian legal term, refers to the legal requirement that predominantly female occupations be paid the same as predominantly male occupations of equal importance within a given organization.

One way of understanding the distinction between employment equity and pay equity (comparable worth) is to note that they take different approaches to dealing with the problem of predominantly female occupations being underpaid. Employment equity aims to increase the number of women in well-paid occupations. In contrast, pay equity implicitly recognizes how difficult it is to break down gender barriers in the workforce, and instead aims to increase the pay of predominantly female occupations. Employment equity also addresses the situation of Aboriginal people, visible minorities, and people with disabilities, whereas pay equity addresses solely the dilemma that predominantly female occupations tend to be underpaid.