In November of 1993, the government of Ontario advertised a senior management position paying between $74,000 and $111,000 (for a director of information). Nice job, and nothing unusual – except that the posting stated it was available only to persons with disabilities, Aboriginals, women, francophones or visible minorities. In other words, no able-bodied, white, English-speaking men need apply.

Only a few days transpired before Ontario Premier Bob Rae intervened, with the restrictions on the job qualifications gone and a review of policy set in motion. This received national attention.

There are two things in particular that concern me about this incident. One is the perception among many Canadians that merit has gone out the window and postings like this are the norm. The other is that there are outrageous acts of blatant discrimination taking place daily in Canada and I have yet to hear about a Canadian Premier intervening to put a stop to it.

I’ll leave the latter thought for another time, but I’d like to deal with the former in this Managing Human Rights Newsletter.

Canada’s Employment Equity and the United States’ Affirmative Action are two very different things (in my mind). For African Americans in particular, the equality provisions in their constitution and laws were not enough to overcome day-to-day discrimination. Democrat and Republican Presidents recognized this and decided to try to achieve equality of results, not just equality of opportunity. In 1965, President Lyndon B. Johnson said:

“You do not take a person who for years, has been hobbled by chains, and liberate him, bring him up to the starting line of a race and then say, ‘You are free to compete with all the others,’ and still justly believe that you have been completely fair.”

While appropriate for the U.S., in Canada we took a different approach. In 1984, Ontario Judge Rosalie Abella filed her Royal Commission Report for the federal government titled “Equality in Employment” in which she wrote:

"If…we are not always sure what 'equality' means, most of us have a good understanding of what is 'fair.' And what is happening today in Canada to women, native people, disabled persons, and visible minorities is not fair. It is not fair that many people in these groups have restricted employment opportunities, limited access to decision-making processes that critically affect them, little public visibility as contributing Canadians, and a circumscribed range of options generally. It may be understandable, given history, culture, economics, and even human nature, but by no standard is it fair."

From her report, Canadian governments and employers tried to come to grips with the “unfairness” and have since attempted to level the playing field so more people get equality of opportunity and hopefully equality of results. In this process, some people think that merit has gone out of awarding jobs, opportunities and promotions. However, if you want your workplace to get the best person, based on merit, then you better make sure you’re not excluding the best people due to old practises, stereotypes and outright discrimination. You might want to consider:

Candidate Pool
Despite all the want ads and high profile executive searches, many employees come from referrals or generally people we know. If your employees look more like Canada 50 years ago – versus what it looks like today – then chances are your new inductees will continue to look the same. You might be getting the best candidates from those in front of you, but if you draw from a wider pool, you’ll get more people who qualify as the “best.”

Be Prepared for Comments from Unexpected People
When your workplace makes a concerted effort to get the best employees from a wider pool, don’t be surprised if some people from the “equity” group (I can’t stand that term in this context – but it’s to make my point in a simple way) get upset or concerned. Women or Aboriginals, for example, who have beat the odds to get where they are (depending on the job) will understandably be upset that people now look at them as “equity” candidates, and not the qualified employees they are. I think that is a natural response and something that is dealt with over time as people start seeing people as part of the team, as opposed to a token of any kind. Be supportive and be willing to back up those who are chosen for their abilities – just like everyone else.

Revolving Door Employment Equity Lots of workplaces do a great job of actively recruiting people to reflect their community or client base. They get qualified employees who will make a great contribution. However, once these people arrive, they find themselves immersed in a toxic or less-than-welcoming workplace and think, “this ain’t worth it”. If you want the best people, make sure your workplace is free of harassment, your people understand the basics of workplace human rights (such as accommodation), and there are simple ways to handle problems when they arise. Then you won’t have to worry about your best people leaving.

If you’re not hiring based on merit, that’s your choice. However, if you want the best employees, then don’t exclude people who are the best, but who aren’t coming through your door – or if they are, they keep right on going.

One final point. If businesses and employers think this kind of employment equity has run its course and Canada will move the pendulum backwards, take note of the recent appointments to the Supreme Court of Canada. In September 2004 Justice Rosalie Abella was one of two judges appointed to our top court. She just adds to the Court, judges who have shown to be very strong on issues of Canadian human rights and workplace employment equity.

Stephen

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Stephen Hammond, B.A, LL.B, CSP, is a speaker, trainer and author working in the field of workplace human rights. Articles, tips and his books Managing Human Rights At Work: 101 Practical Tips to Prevent Human Rights Disasters and Steps in the Rights Direction: 365 human rights celebrations and tragedies that inspired Canada and the world are available on his website www.stephenhammond.ca. Contact Stephen at 866-685-8338 or stephen@stephenhammond.ca