EMPLOYMENT EQUITY IN CANADA

EMPLOYMENT EQUITY: A SET OF PRACTICES DESIGNED TO IDENTIFY AND ELIMINATE DISCRIMINATORY PRACTICES THAT CREATE UNFAIR OR UNEQUAL EMPLOYMENT OPPORTUNITIES AND TO PROVIDE EQUITABLE OPPORTUNITIES IN EMPLOYMENT FOR DESIGNATED GROUPS.

A) EMPLOYMENT EQUITY MEANS MORE THAN TREATING PEOPLE IN THE SAME WAY; IT REQUIRES SPECIAL MEASURES AND THE ACCOMODATION OF DIFFERENCES.

B) EMPLOYMENT EQUITY REFERS TO THE QUALITY OF RESULTS NOT THE EQUALITY OF TREATMENT.

THE THREE PURPOSES OF EMPLOYMENT EQUITY LEGISLATION

[A] TO "ELIMINATE SYSTEMIC DISCRIMINATION" (INSTITUTIONAL BARRIERS THAT LIMIT ACCESS TO VALUED RESOURCES FOR REASONS OTHER THAN ABILITY) IN ORDER TO TAKE ADVANTAGE OF THE MOST CAPABLE.

[B] TO "REMEDY" THE EFFECTS OF "PAST DISCRIMINATION", AND

[C] TO ACHIEVE A "REPRESENTATIVE WORKFORCE";

THE FOUR DESIGNATED GROUPS FOR EMPLOYMENT EQUITY PURPOSES ARE:

[A] ABORIGINAL PEOPLES,

[B] PERSONS WITH DIABILITIES,

[C] MEMBERS OF VISIBLE MINORITY GROUPS,

[D] AND WOMEN

THE RELATION BETWEEN EMPLOYMENT EQUITY AND AFFIRMATIVE ACTION IN CANADA:

[A] EMPLOYMENT EQUITY REPLACED AFFIRMATIVE ACTION INITIATIVES 13 JANUARY 1986.

[B] CHANGE THE FOCUS FROM "QUOTAS" TO "TARGETS" BASED ON PERCENTAGES. (THE THEORY OF "TARGETS" IS THAT IT AVOIDS "REVERSE DISCRIMINATION" AND "PREFERENTIAL TREATMENT".)

[C] (SEEN POSITIVELY AS) A SYSTEMS-BASED STRATEGY AND A RESULTS-ORIENTED PROCESS.

[D] (THEREFORE) NEUTRALIZES EMPLOYMENT SYSTEMS THAT DISFAVOR DESIGNATED GROUPS.

AFFIRMATIVE ACTION

AFFIRMATIVE ACTION: THE SET OF PUBLIC POLICIES AND INITIATIVES DESIGNED TO HELP ELIMINATE PAST AND PRESENT DISCRIMINATION BY INCREASING OPPORTUNITIES TO INDIVIDUALS AND GROUPS WHO HAVE HISTORICALLY BEEN EXCLUDED FROM FULL PARTICIPATION IN AND ACCESS TO SUCH AREAS AS EMPLOYMENT AND EDUCATION.

A) AFFIRMATIVE ACTION WAS FIRST CONCEIVED IN THE UNITED STATES.

B) IT IS CURRENTLY UNDER “SEVERE” ATTACK.

ORIGINS OF AFFIRMATIVE ACTION

A) ORIGINALLY, CIVIL RIGHTS PROGRAMS WERE ENACTED TO HELP AFRICAN AMERICANSBECOME FULL CITIZENS OF THE UNITED STATES. THE (i)THIRTEENTH AMENDMENT TO THE CONSTITUTION MADE SLAVERY ILLEGAL; THE (ii) FOURTEENTH AMENDMENT GUARANTEES EQUAL PROTECTION UNDER THE LAW; THE (iii) FIFTEENTH AMENDMENT FORBIDS RACIAL DISCRIMINATION IN ACCESS TO VOTING. THE 1866 & 1964 (iv) CIVIL RIGHTS ACT GUARANTEES EVERY CITIZEN "THE SAME RIGHT TO MAKE AND ENFORCE CONTRACTS ... AS IS ENJOYED BY WHITE CITIZENS ... "

B) IN 1967, JOHNSON EXPANDED THE EXECUTIVE ORDER TO INCLUDE AFFIRMATIVE ACTION REQUIREMENTS TO BENEFIT WOMEN.

THE OPPOSITION TO AFFIRMATIVE ACTION

A) MUCH OF THE OPPOSITION TO AFFIRMATIVE ACTION IS FRAMED ON THE GROUNDS OF SO- CALLED "REVERSE DISCRIMINATION AND UNWARRANTED PREFERENCES."

B) IN FACT, LESS THAN 2 PERCENT OF THE 91,000 EMPLOYMENT DISCRIMINATION CASES PENDING BEFORE THE EQUAL EMPLOYMENT OPPORTUNITIES COMMISSION ARE REVERSE DISCRIMINATION CASES. UNDER THE LAW AS WRITTEN IN EXECUTIVE ORDERS AND INTERPRETED BY THE COURTS, ANYONE BENEFITTING FROM AFFIRMATIVE ACTION MUST HAVE RELEVANT AND VALID JOB OR EDUCATIONAL QUALIFICATIONS.

C ) {IDEOLOGICALLY} MOST CRITICISM IS GROUNDED IN THE DEFINITION OF EQUALITY == AS EQUALITY OF TREATMENT {TREATING PEOPLE THE SAME --- OR --- UNRESTRICTED OPPORTUNITY} AND NOT EQUALITY OF CONDITIONS {ENSURING PEOPLE CAN PARTICIPATE IN SOCIETY THE SAME --- OR --- EQUITABLE PARTICIPATION}.

D) AN INCREASINGLY ASSERTIVE “OPPOSITION MOVEMENT” ARGUES THAT THE BATTLE TO GUARANTEE EQUAL RIGHTS FOR ALL CITIZENS HAS BEEN FOUGHT AND WON – AND THAT FAVORING MEMBERS OF ONE GROUP OVER ANOTHER SIMPLY GOES AGAINST THE AMERICAN GRAIN.

E) BUT “DEFENDERS OF AFFIRMATIVE ACTION” SAY THAT THE PLAYING FIELD IS NOT LEVEL YET – AND THAT GRANTING MODEST ADVANTAGES TO MINORITIES AND WOMEN IS MORE THAN FAIR, GIVEN HUNDREDS OF YEARS OF DISCRIMINATION THAT BENEFITED WHITES AND MEN.

F) TODAY, AFFIRMATIVE ACTION OFTEN CONNOTES “RAMPANT INCOMPETENCE” AMOUNG MINORITY PROFESSIONALS; AN “ATTACK OF THE STANDARDS” OF PROFESSIONALISM AND SOCIETY; GROUND SWELL OF “INEFFICIENCY, INEPTITUDE, FECKLESSNESS, INADEQUACY THAT IS ANATHEMA TO SOCIAL PROGRESS AND HISTORICAL ADVANCEMENT.”

G) {SOCIOLOGICALLY} THE IDEOLOGICAL CONFLICT [ABOVE] HAS RENDERED AFFIRMATIVE ACTION INITATIVES “COUNTER- PRODUCTIVE AS A COMMUNITY DEVELOPMENT TOOL.” [FOR THE MOST PART --- IT HAS BEEN WIDELY STIGMATIZED AND IS NOT EFFECTIVE AS A PRO-ACTIVE ANTI-RACISM STRATEGY.]