FACT SHEET
Employment Equity Compliance Program
The Commission is responsible for ensuring that federally regulated organizations comply with the Employment Equity Act. This includes approximately 550 private sector employers in banking, telecommunication, transportation and other federally regulated industries, and approximately 100 public sector departments and agencies.
The Commission conducts compliance review audits to determine if these employers are meeting their obligations under the Employment Equity Act. Meeting these obligations involves implementing proper practices to achieve equality in the workplace for the four designated groups: women, members of visible minorities, Aboriginal peoples and persons with disabilities.
The Commission has improved its Employment Equity (EE) Compliance Program so that it takes into account an employer’s EE results and the specific challenges associated with its industry. If an employer is found to be:
- An EE Leader (i.e. with better overall EE results in comparison with its own sector or having a good overall representation in three out of four designated groups), the assessment will focus only on results achieved;
- A less successful employer (i.e. with lower overall EE results than its own sector), the assessment will focus on all nine statutory requirements as well as on results achieved.
The program is making it easier for organizations to introduce a human-rights-based culture by helping employers reach their EE objectives and discover the advantages that come with greater representation of designated groups.
Audit process
Employers will be notified in writing that their organization may be subject to an EE audit and they are required to provide a copy of their most recent workforce analysis.
Upon review of the employer’s workforce analysis, the Commission will implement one of the following options:
- For an employer considered an EE Leader, the Commission will produce a status report on the EE results achieved by the employer including a comparison with the employer’s own sector of operations. It will highlight the employer’s accomplishments and remaining challenges in terms of achieving adequate representation of the four designated groups.
- An employer with lower EE results will be subject to an audit pursuant to section 22 of the Employment Equity Act. Additional information will be requested to assess the employer’s compliance with the nine main statutory requirements.
If the employer meet the requirements, an EE audit report will be produced to conclude the audit.
If the employer is not in compliance with the Act, he will have up to four months to correct the deficiencies observed and he will be assessed again. If the employer is still not in compliance, the Commission may issue a Direction to which the employer must respond by a set deadline. As a last resort, if legislative obligations are still not met, the Commission could refer the employer to an Employment Equity Review Tribunal.
For Further Information
Please contact one of the Commission’s regional offices in Montréal and Edmonton or contact the national office in Ottawa.
May 2011