Advocates, union applaud legislative commitment for groups for Black, LGBTQ+ workers, Sarkonak: Liberals to mandate reverse discrimination with job quotas for Black, LGBT people

2023/12/14 Leave a comment

Two contrasting takes, starting with predictable support from advocates:

…

A news release by Employment and Social Development Canada said that, on top of creating the two new groups, “initial commitments to modernize the Act” included replacing the term “Aboriginal Peoples” with “Indigenous Peoples,” replacing “members of visible minorities” with “racialized people” and making the definition of “persons with disabilities” more inclusive.

Adelle Blackett, chair of the 12-member Employment Equity Act Review Task Force, said the recommendations were designed to address a lack of resources, consultation and understanding of how legislation should be applied.

Blackett noted that the report offered a framework to help workplaces identify and eradicate barriers to employment equity.

Nicolas Marcus Thompson, executive director of the Black Class Action Secretariat, a group that in 2020 filed a lawsuit against the federal government claiming systemic workplace discrimination against Black Canadians, said the commitment marked a “historic win” for workers.

He added this could not have been done without the work of the Black Class Action.

…….

Jason Bett of the Public Service Pride Network said that group “wholeheartedly” endorsed the report’s recommendation to designate Black people and 2SLGBTQIA+ people as designated groups under the Employment Equity Act.

“Our network has been actively engaged in the consultation process with the Employment Equity Review Task Force, and we are pleased to note our contribution to the report,” Bett said. “The PSPN is committed to collaborating on the effective implementation of the recommendations, contributing to a more inclusive and equitable employment landscape in the federal public service.”

Source: Advocates, union applaud legislative commitment for groups for Black, LGBTQ+ workers

Equally predictably, the National Post’s Jamie Sarkonak has criticized the analysis and recommendations (valid with respect to a separate category for Black public servants given that disaggregated data in both employment equity and public service surveys highlight that 2017-22 hiring, promotion and separation rates are stronger than many other visible minorities groups and indeed, not visible minorities: see ee-analysis-of-disaggregated-data-by-group-and-gender-2022-submission-1):

Why would the task force recommend a special category for Black people when the law already privileges visible minorities? The report writers largely cited history (slavery and segregation), as well as employment data. Drawing attention to hiring stats, it said that when comparing Black people to other visible minorities in the federal government, “representation between the period of job application, through automated screening, through organizational screening, assessment and ultimately appointment fell from 10.3 per cent down to 6.6 per cent.”

This analysis ignored the fact Black people, accounting for only four per cent of the population, apply and are hired at higher rates compared to Chinese (five per cent of the population) and Indian minorities (seven per cent). Because Black people are comparatively overrepresented in hiring, this should satisfy DEI mathematicians. The numbers also don’t explain why failed applicants were screened out: were these applicants simply unqualified?

The report also finds that Black employees from 2005 to 2018 had a negative promotion rate relative to non-Black employees — another non-proof of racism, because it’s possible those employees simply didn’t merit a promotion. Federal departments, noted the report writers, have nevertheless wanted to make up for these discrepancies by focusing their efforts on hiring Black people — but were unable to, because the diversity target law targets the broader “visible minorities” group.

The task force also pointed to Canada’s “distinct history of slavery,” abolished by the comparatively progressive British Empire in 1834 before Confederation, as another reason for special status

Slavery was objectively wrong, but it is much less clear why it should factor into special hiring considerations today. There were relatively few slaves in Canada and not all of them were Black. It would be notoriously difficult to determine who in Canada is still affected by this history — and impossible to hold others living today responsible. Additionally, the majority of Canada’s Black population is made up of immigrants who are unlikely to trace family lines back to enslaved Canadian ancestors.

Source: Jamie Sarkonak: Liberals to mandate reverse discrimination with job quotas for Black, LGBT people

Link to full report: A Transformative Framework to Achieve and Sustain Employment Equity – Report of the Employment Equity Act Review Task Force (on my reading list)

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Does Canada’s census undercount visible minorities?

2021/07/17 Leave a comment

A relatively minor issue IMO compared to other priorities given only affects less than 3 percent of Census respondents (but likely to increase over time given mixed unions).

The separate issue of Blacks being counted only as part of visible minorities applies only to the federally regulated sectors (banking, communications, transport) and TBS now provides disaggregated data for visible minorities, Indigenous peoples and Persons with disabilities for the last four years (summaries in the annual employment equity groups, detailed tables on open data – https://www.canada.ca/en/treasury-board-secretariat/services/innovation/human-resources-statistics/diversity-inclusion-statistics.html).

And of course, the census data has these breakdowns that allow a wide range of analysis of socioeconomic status and other issues:

Statistics Canada is working to improve how it collects and analyzes data about people who belong to more than one visible minority group, as critics fear the federal agency’s current methodology has led to an “undercount” of racialized populations.

Ever since questions about visible minorities were added to the census in 1996, people belonging to those population groups have been classified in several ways.

At issue are those who check off more than one group out of the listed options: Chinese, South Asian, Black, Arab, West Asian, Filipino, Southeast Asian, Latin American, Japanese and Korean. Those individuals are lumped together in one group — which Statistics Canada calls “multiple visible minorities” — and are not broken down by the pairs or combinations of groups to which they belong.

Someone who checks off Black and Arab, for example, is included in that catch-all category, instead of being counted as part of Canada’s Black or Arab population. In contrast, people who identify as part of a visible minority group and the white population are counted, in most cases, as a member of whichever minority group they endorsed.

In the 2016 census, 232,275 people — or 2.7 per cent of the total visible minority population — were identified as multiple visible minorities.

That’s led some people, like Toronto lawyer Courtney Betty, to question whether the true number of people belonging to specific communities is being counted inaccurately.

“The whole idea of the census is to know how many individuals are within the population of our society, and potentially get a breakdown, so that we can do proper planning as to how we’re going to look at growth and also allocate economic resources,” Betty told the Star. “If you don’t have a proper count, that can’t happen.”

Betty is one of people leading the legal team representing hundreds of current and former Black public servants involved in a proposed class-action lawsuit, which alleges decades of discrimination and harassment within federal departments and agencies.

The multiple visible minorities category is being considered in the context of the lawsuit as part of an argument that the federal government won’t be able to claim that specific racialized communities, like the Black population, are adequately represented in the federal public service if it doesn’t have precise counts of those populations in the first place.

“I think there’s something that has to be adjusted, whether it be on the intake side … or on the analysis side,” Betty said. “Even if it’s a matter of …‘We recognize that there may be 50,000 Blacks that may not have been counted, and therefore, as we’re planning our policy decisions, we’re going to take that number into account.’”

Statistics Canada says it’s an issue the agency is actively studying.

“I know there’s an appetite to have more information,” said Hélène Maheux, a senior analyst with the agency’s diversity and socio-cultural statistics department. “Right now, we are looking at different alternatives, providing more disaggregated information for the multiple visible minority (category) for the 2021 census.”

Part of the problem is that counting a single individual as part of several populations muddies the data. There are also some who would prefer to be identified as a combination of groups instead of being counted as part of separate populations, the Star has previously reported.

But another reason, Maheux says, is that Statistics Canada’s database doesn’t actually allow for more detailed analysis of census data.

“It is not possible to distinguish all the various combinations of the visible minority groups included inside the multiple visible minorities. I had this challenge when I was doing this analysis. I wanted to include them, but it wasn’t possible because the database was not processed in a way that allowed me to make that distinction.”

When the Star asked Statistics Canada to provide, as one example, data on the number of Black people who were included in the multiple visible minority count, the department said the information was not “readily” available. The only way to obtain the data would be through the creation of a “custom tabulation,” which would need to go through a writing, testing and verification process.

Maheux said in the past, analysts have not typically received requests to dig into the category.

“But with the current context, we are receiving more requests. We are looking at avenues to improve our database,” she said.

It’s not just Statistics Canada that knows changes must be made.

On Tuesday, Ottawa launched a 13-member task force set to modernize the Employment Equity Act, which was first introduced in 1986, to improve “the state of equity, diversity and inclusion in federally regulated workplaces.”

Among the issues the task force will examine is whether visible minority groups should be updated, expanded or redefined.

Any changes would directly impact the way Canada’s census poses questions about race; the purpose of asking people to identify with certain population groups is tied to the act, which necessitates collecting information about visible minorities.

Liberal MP Greg Fergus said the work the task force is undertaking is critical to changing how Canada thinks about race. He hopes it will lead to a better snapshot of what’s really happening on the ground.

“For the Black community, it’s very clear that when Blacks are lumped into a visible minority, we actually end up becoming invisible,” Fergus told reporters following the announcement.

Adelle Blackett, a McGill University law professor who chairs the task force, said there have long been warning signs that the way racialized groups are categorized could lead to valuable data being lost.

She cited the 1984 Equality in Employment commission led by Judge Rosalie Abella, who wrote in her final report that combining “all non-whites together as visible minorities … may deflect attention from where the problems are greatest.”

The task force plans to conclude its review and present its recommendations to the federal labour minister in early 2022.

Source: Does Canada’s census undercount visible minorities?

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For the first time in decades, major changes are coming to Canada’s workplace equity laws

2021/07/16 Leave a comment

Of note as would also apply to federal public service (where TBS is lead). Hopefully the focus will be on the substantive issues, not just the terminology:

Federal legislation that aims to ensure equal opportunities for employees from under-represented groups is heading for its most significant overhaul since its introduction 35 years ago.

The Liberal government announced today that it has convened a new task force to review the Employment Equity Act, which the government describes as “an important tool to promote fairness, equality and diversity in federally regulated workplaces.”

The legislation states that no person should be denied employment opportunities for reasons unrelated to ability. It says that creating those conditions “requires special measures and the accommodation of differences.”

Labour Minister Filomena Tassi said the legislation has improved the standing of various groups that have been marginalized in the workplace, but that the act was overdue for an update.

“It’s about bringing the act into the 21st century,” Tassi said.

Future changes to the legislation, she added, “are absolutely going to result in more equitable workplaces.”

The 13-member task force conducting the review is being asked to come up with recommendations to “modernize” the legislation. The task force will host its first meeting on July 15 and is expected to have a final report by early 2022.

About 1.3 million people, representing about six per cent of Canada’s workforce, are employed in federally regulated industries and workplaces.

Review could result in more precise categories of marginalized workers

The existing Employment Equity Act identifies four groups that have faced additional barriers in workplaces: women, Indigenous Peoples, people with disabilities and members of visible minorities.

Those categories were defined when the act was introduced in 1986. The legislation was largely inspired by the 1984 Royal Commission on Equality in Employment, which was led by Rosalie Abella before she was appointed to the Supreme Court.

Among other things, the task force will be charged with reviewing those groups, which likely will result in the creation of more precise and varied categories of under-represented workers.

Adelle Blackett, a law professor at McGill University who was named chair of the task force, said LGBTQ people, for example, probably will need representation in the next iteration of the act.

“The time is now,” Blackett told CBC News. “We have a really important opportunity to achieve equality.”

Blackett said the national reckoning over the atrocities committed in Canada’s residential school system, and the murder of George Floyd in the United States, are driving the effort to address systemic inequalites.

“It’s hard not to be thinking about how to build a legacy of meaningful inclusion, including in our workplaces,” Blackett said.

According to the latest report on equity within federally regulated workplaces, women, Indigenous Peoples and people with disabilities remain underrepresented in federally regulated workplaces.

Representation of visible minorities is more favourable, with those workers filling slightly more jobs than expected based on their overall share of the workforce.

Unifor says existing act has ‘failed to deliver’

The launch of the review task force comes following recent efforts by the Liberal government to reduce inequities across a range of sectors — including new pay equity legislation that will go into effect at the end of August.

Critics, including the federal New Democrats, have described some of the announcements as pre-election manoeuvring.

NDP critic for women and gender equality Lindsay Mathyssen said last week’s news on pay equity follows the Liberal’s recent track record of providing “pretty words instead of substantive actions.”

Unifor, the largest union representing workers in the federally regulated private sector, said changes to the act are badly needed.

“Despite being in force for 35 years, the Employment Equity Act has failed to deliver on its promise,” Unifor national president Jerry Dias wrote on Twitter. He called on the federal government to ensure that input from workers is considered during the review.

“Updating terms, expanding inclusion and prioritizing enforcement will go a long way,” Dias added.

Source: For the first time in decades, major changes are coming to Canada’s workplace equity laws

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