. What is Employment Equity? 
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What is Employment Equity? 
Employment Equity is the term developed by Judge Rosalie Silberman Abella, Commissioner of 
the Royal Commission on Equality in Employment (1984), to describe a distinct Canadian 
process for achieving equality in all aspects of employment. 
This term was meant to distinguish the process from the primarily American "Affirmative Action" 
model as well as to move beyond the "Equal Opportunity" measures available in Canada at that 
time. 
Recognizing that "systemic discrimination" was responsible for most of the inequality found in 
employment, the Commission outlined a systemic response and chose the term "Employment 
Equity" to describe the process. 
Employment Equity is an on-going planning process used by an 
employer to: 
•	identify and eliminate barriers in an organization's employment procedures and policies; 
•	put into place positive policies and practices to ensure the effects of systemic barriers are 
eliminated; and 
•	ensure appropriate representation of "designated group" members throughout their 
workforce. 
The goal of Employment Equity is to: 
• eliminate employment barriers for the four designated groups identified in the 
. Employment Equity Act: women, persons with disabilities, Aboriginal people, members of 
visible minorities; 
•	remedy past discrimination in employment opportunities and prevent future barriers; 
•	improve access and distribution throughout all occupations and at all levels for members 
of the four designated groups; 
•	foster a climate of equity in the organization. 
In Canada, there are two Federal Employment Equity Programs: 
Legislated Employment Equity Program (LEEP): 
Under the LEEP, the following employers are subject to the Employment Equity Act: 
•	All federally regulated employers with 100 or more employees, including organizations in 
industries such as banking, communications, and international and interprovincial 
transportation. In 2000, there were approximately 394 such employers (private-sector 
employers and Crown corporations), representing approximately 612,344 employees. 
•	All federal departments, representing approximately 155,360 employees. Other parts of 
the public service, including the Canadian Forces and the Royal Canadian fv10unted Police 
may be specified by order of the Governor in Council, on the recommendation of the 
Treasury Board, as being required to comply with the EE Act. 
Click here for more information about the Legislated EmRlo),ment Eg.h!J.bt£r.Q9ram, 
Federal Contractors Program (FCP): 

What is Emp royrnem Equity') 
Under the FCP, employers with 100 or more employees who have secured a federal goods or 
services contract of ~200 ,000 or more are required to sign a certificate of commitment to fulfill 
their mandated goal of implementing employment equity in their workplace. 
As of May 1, 2002, there were approximately 891 federal contractors, representing 
approXimately 1,082,184 employees. 
Click here for more information about the Federal Contractors Pro-9ram. 
For more Employment Equity information, click on the following: 
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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: 
women; 
Aboriginal peoples; 

persons with disabilities; and 
visible minorities. 
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 identity 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 (CHRG) 
with respect to the EEA? 
The CHRC is mandated co 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 Ca.nada (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. 
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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 
determi nirrg how effectively the employer has made reasonable progress coward 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: 
collection of wo rkforce information; 

analysis of the workforce to determine the degree of under-representation of designated group members; 
review of employment systems, policies and practices; 

preparation of an Employment Equity Plan; 
implementation and monitoring of the plan; 
periodic review and revision of the plan; 
provision of information about employment equity to the workforce; 
•	consultation with employee representatives; and 
establishment and maintenance of employment equity records. 

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7. What is an employment systems review and what does it entail? 
An employment systems review is an in-depth assessment-carried our 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: 
Collects and distributes data on designated groups an10ng employers subject to the EEA, through 
annual reports filed by employers 
Develops and delivers programs to foster public understanding and recognition of the EEA 
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Undertakes research related to the purpose of the EEA 

Develops and provides labour market availability data to employers 
Implements the Federal Contractors Program 
Public Service Human Resources Management Agency of Canada: 
Is responsible for employment equity in the Public Service of Canada 
Provides policy advice and guidance to departments and agencies on various matters including 
audits done by the CHRC 
Provides strategic support to departments and agencies 

Monitors and evaluates the implementation of employment equity initiatives as well 
as progress achieved 
Canadian Human Rights Commission: 
Performs employment equity compliance review audits of employers under federal jurisdiction 

•• 	Negotiates Memoranda of Understanding with employers and works jointly with employers to 
prevent discrimination 
How to reach the Canadian Human Rights Commission 
If you need more information about the Employment Equity Compliance Program, please contact: 

Commission regional offices in Halifax, Montreal, Toronto, Edmonton and Vancouver, toll free 
1-800-999-6899 (addresses available on the Commission's website); 
or 
National office at 344 Slater Street, 8th floor, Ottawa, Ontario K1A lE 1 
Telephone: (613) 995-1151, or toll free 1-888-214-1090 
TTY: 1-888-643-3304. 
E-mail: eeauclit-veriflcationee@chrc-ccdp.ca 
Website: www.chrc-ccdp.ca 
This document is available on the Canadian Human Rights Commissions tocbsitc and 011 request in alternatiuciormats. 
©Minister of Public Works and Governmenr Services 2007 
Car. No. HRlI-G5/2007 
978-0-662-698 J 9-7 
May 2007 
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