It's been four years

The year 2001 was the fourth anniversary of the Canadian Human Rights Commission's compliance audit program under the Employment Equity Act.

The original Employment Equity Act, passed in 1986, was aimed at federally regulated employers in the private sector. A decade later, Parliament amended this legislation, applying it to the federal public service as well, and adding a system of compliance audits to be conducted by the Commission. These audits began in October 1997, as provided in the Act.

The Act's section 2 sets out its goals:

The purpose of this Act is to achieve equality in the workplace so that no person shall be denied employment opportunities or benefits for reasons unrelated to ability and ... to correct the conditions of disadvantage in employment experienced by women, aboriginal peoples, persons with disabilities and members of visible minorities by giving effect to the principle that employment equity means more than treating persons in the same way but also requires special measures and the accommodation of differences.

The CHRC audits employers to verify compliance with the Act. If they are not in compliance, the Commission attempts to resolve the situation through cooperation and negotiated undertakings.

If these efforts fail, the Act allows for progressive enforcement. First, the Commission can issue a direction, which may then be confirmed or challenged at a tribunal. Employers can ask the Federal Court of Canada to review decisions made by the Commission or the tribunal. The Commission can ask the Court to confirm tribunal decisions, making them enforceable as Court orders.

The Commission's accomplishments

After four years of conducting compliance audits, the Commission has significant accomplishments to note.

• A total of 354 compliance audits were initiated at 215 employers. (In most cases, the Commission must do two audits -- and sometimes three -- for each employer, as explained in section 6 of this report).
• Of the 476 employers subject to the Act, 73 are now in full compliance.
• Audits now extend to more than 80% of employees covered by the Act, meaning that four-fifths work in environments where equal employment opportunities have been or are being audited.
• The remaining 261 employers -- or about 50% -- left to be audited account for only about 20% of the workforce covered by the Act.
• In the public sector, nearly all employees (97%) are covered by compliance audits.
• Few employers are in compliance when audits are initiated. However, more than 80% of them willingly cooperate with compliance review officers, and eventually comply without the Commission having to take more direct enforcement measures.

The changing public service

This year, the report highlights in greater detail several initiatives in the public service that meet the Employment Equity Act objectives. Both central agencies and individual departments have developed programs to meet their obligations under the Act. There are encouraging signs of progress for persons with disabilities and visible minorities, although a considerable distance remains before these groups are fully represented in all occupational categories and departments.

Looking ahead to 2002

Parliament provided for a review of the Employment Equity Act every five years. This process began in late 2001, and parliamentarians are to review the Act in 2002. The Commission hopes that the review will result in certain adjustments to the law that it would advise, drawing on its auditing experience of the past four years.

In 2002, an independent evaluation of the Commission's employment equity audit program will be released.

Also in 2002, the Commission should be able to start measuring the effects of its compliance audit program on the representation of members of designated groups at employers found in compliance.

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