Disappointing year for employment equity

For several years, my year-end column has frequently included an irreverent or humorous element. On behalf of Santa Claus I dispensed positive recognition, as well as lumps of coal, for praiseworthy or poor performance in advancing employment equality in Canada. This year that irreverence doesn’t seem appropriate in light of the events of Sept. 11 and their tragic and long-term consequences.

Moreover, reaction to these events has direct implications for the issues of individual rights, civil liberties and the concerns of women, national, ethnic and religious groups and how these groups are viewed and treated not only in society but also in the workplace.

In addition, there were few notable developments on the employment equality front in 2001. Indeed, while 2001 turned out to be a difficult year in the economy even before the events of September, it is disheartening that over several recent years of a buoyant economy equality issues have been taking a back seat compared with preceding years.

Having qualified my observations, the following are my comments on the year that was, and my hopes for the year ahead.

Like all Canadians, I hope that as a society we strike the right balance between ensuring security and protecting individual rights and civil liberties. We will have to live for a long time with the decisions taken now and we should not lightly sacrifice the underpinnings of a healthy and vibrant democracy. Although I am no fan of instant public opinion polls that tell us one thing one week and something else the next, I am heartened by some recent findings and emerging trends. Respected pollster Frank Graves, for example, noted recently that Canadians are reverting to their pre-Sept. 11 views. Canadians should retain a healthy skepticism and critical eye when it comes to the extent of intrusions on individual rights, privacy and the balance of power in our democracy. It is not in anyone’s best interests — including those of corporations — to hand over authority and decisions to a small group of people with too little accountability and oversight.

The workplace is a microcosm of society so the events of Sept. 11 need to be addressed within companies as well. Research continues to show strong support for equality rights, as well as concerns that groups such as Muslims and Arabs should not experience backlash reaction nor have their immigration curtailed. However, there have certainly been incidents of intolerance and clear examples of the high cost of ignorance of cultures and religions different from one’s own.

Smart companies will take steps to reinforce their own stand in support of equality rights, remind employees of their policies on employment equity, diversity and harassment, update these policies if necessary and ensure that complaint and enforcement mechanisms are well known, trusted and effective. Evidence of scapegoating or backlash against employees of specific backgrounds should be dealt with expeditiously and forthrightly. Companies with particular reason to be concerned, for example because of employee demographics, incidents or concerns expressed, need to have an active “ear to the rail” to identify and address issues. Techniques such as a hotline, lunch and learn sessions and putting managers, human resource professionals and diversity committees on alert can be effective.

Companies conducting any type of equality training should integrate material that educates and deals with the fears, concerns, misconceptions and stereotypes that come to the forefront at times like this. It is wise to remember that employees bring to the workplace what they absorb from the media or in their personal lives. Depending on their sources and experiences this means importing a range of views that may or may not be conducive to a healthy and productive workplace.

Employers also need to have a protocol for how they will deal with any inquiries from law enforcement and security agencies about individual employees. Needless to say, Atomic Energy Canada appears to have been caught off-guard and unprepared when confronted shortly after Sept. 11 with the scrutiny of one of its employees by the RCMP and CSIS. The response — terminating the employee, who has subsequently been rehired — was overblown. For example, the employee could have been placed on leave while the investigation took place. Organizations must also ensure that hiring, development and promotional practices are unaffected by bias and stereotyping.

Companies should resist the siren call of conservatism and its attendant short-term decisions (with longer-term implications) in these times of uncertainty. All economic downturns end and the compelling reasons for addressing equality and diversity issues will remain and should continue to be addressed.

For example, the events of Sept. 11 have bolstered at least one trend that was already well established. Canadian employees are placing greater value on work-life balance. Large consulting firms, including Towers Perrin and Hewitt, for example, show convincing evidence that unsatisfactory work-life balance is a significant employee concern and that doing better in this area has potential to buttress talent attraction, development and retention strategies. Recent changes to federal Employment Insurance and related employment law amendments to extend maternity and parental leave entitlements support these values and will raise these issues in the workplace whether companies are prepared to act or not. Companies that are better than their peers at responding to employee aspirations for a more balanced life will have a competitive advantage.

Governments need to deliver on their promises in the area of equality. 2001 was the year of “too little, too late.” In its dying days the NDP government in British Columbia introduced long talked about pay equity legislation which it had to know could not (and did not) survive the change in power to a Liberal government. In Ontario, six years after the “Common Sense Revolution” promised strong action to improve the status of people with disabilities, the government finally introduced a bill that lacks enforcement mechanisms.

And, after six years of world-class foot dragging, the government seems intent on pushing the bill through with little time for scrutiny or input using the thinly veiled excuse of an obligation to the Ontario with Disabilities Act Committee. While specific provisions of the bill, such as requiring access plans for the government and parts of the broader public sector are potentially valuable, they will only be effective if taken seriously through accountability mechanisms.

Speaking of foot dragging, the federal government has still not reformed pay equity implementation. The current system relies on a costly and ineffective complaint mechanism rather than on proactive obligations.

Many human rights and equality agencies deserve credit for the efforts they have made to streamline administration processes, address backlogs and to continue to highlight areas where pressing equality issues remain. For example, in the past year human rights agencies including those in Ontario and Manitoba have highlighted concerns of people with disabilities and Ontario introduced a fairly strong policy in this area.

Even before the tragic events of Sept. 11, the year 2001 was definitely not going to be a banner year in the area of equality. However, as we move forward and make changes to have a safer society, Canadians also need to protect the values that have made this society a good place to live for all of us.

Lynne Sullivan is president of Lynne Sullivan & Associates Inc., a human resource consulting firm specializing in diversity and employment equity. She can be reached at (416) 306-2243 or [email protected].

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