Question Period Note: ADDING MEMBERS OF THE LGBTQ2 COMMUNITIES TO THE EMPLOYMENT EQUITY ACT

On February 25, 2020, Mr. Randall Garrison (Esquimalt-Saanich-Sooke) tabled Bill C-227, An Act to Amend the Employment Equity Act. This bill would add members of the lesbian, gay, bisexual, transgender, queer and two-spirit communities to the list of designated groups in the Employment Equity Act. What is the Government’s position on Bill C-227?

• Promoting equality for members of the lesbian, gay, bisexual, transgender, queer and two-spirit (LGBTQ2) communities is a key commitment of this government.

• The Employment Equity Act is an important tool to promote fairness, equality and diversity in federally regulated workplaces. Progress has been made for the four designated groups covered by the Act, however there is still work ahead to address inequalities and long-standing barriers that limit workers from reaching their full potential.

• In July 2021, our Government launched a Task Force to study how an updated Employment Equity Act can advance equity, diversity and inclusion for LGBTQ2 Canadians, as well as women, Indigenous Peoples, Black and racialized Canadians, persons with disabilities and other groups who face employment barriers.

• On February 25, 2020, Mr. Randall Garrison (Esquimalt-Saanich-Sooke) tabled
Bill C-227, An Act to Amend the Employment Equity Act. It proposes to add members of the lesbian, gay, bisexual, transgender, queer and two-spirit communities to the list of designated groups in the Employment Equity Act (EEA).

• The Employment Equity Act Review Task Force was launched on July 14, 2021, with a mandate to study, consult, and advise on the renewal and modernization of the EEA and its framework. The Task Force consists of 13 members, including the Chairperson, Professor Adelle Blackett, and two Vice-Chairs, Professors Dionne Pohler and Marie-Thérèse Chicha.

• The Task Force met three times in July 2021, before the group’s work was suspended as a result of the election. Work has not yet started on external engagement and consultations.
• The EEA requires covered employers to proactively identify and remove discriminatory barriers in their workplaces and to correct conditions of disadvantage in employment experienced by members of four designated groups: women, Aboriginal peoples, persons with disabilities and members of visible minorities.

• The EEA applies to federally regulated industries, Crown corporations and other federal organizations with 100 employees or more, as well as portions of the federal public administration identified in Schedules I or IV and V of the Financial Administration Act and by order of the Governor in Council, which includes the Canadian Forces and the RCMP.

o Under the Federal Contractors Program, certain provincially regulated contractors who do business with the Government of Canada are required to seek to achieve and maintain a workforce that is representative of the Canadian workforce, including members of the four designated groups under the EEA.

• The Canadian Human Rights Act (CHRA) applies to matters coming within the legislative authority of Parliament as per section 91 of the Constitution. It makes it illegal for federally regulated employers and service providers to discriminate on the grounds of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

o The ground of gender identity or expression was added to the CHRA when Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, received Royal Assent on June 19, 2017.

• Bill C-65 was introduced in the House of Commons on November 7, 2017 and received Royal Assent on October 25, 2018. The associated Work Place Harassment and Violence Prevention Regulations (the Regulations) were published in Canada Gazette, Part II on June 24, 2020, and came into force on January 1, 2021.

o Under the new Regulations, employers are required to take steps to prevent, protect against, and respond to occurrences of harassment and violence in the workplace, including occurrences that are based on the prohibited grounds of discrimination set out in subsection 3(1) of the CHRA.
o Under the new Regulations, employers are also required to provide training to all employees on the relationship between workplace harassment and violence and the prohibited grounds of discrimination set out in the CHRA.

• In its 2020 annual report, the Canadian Human Rights Commission reported that:

o Of accepted discrimination complaints, 4% were on the ground of sexual orientation, and 3% were on the ground of gender identity or expression.
o Complaints can involve more than one ground, and cover both employment-related complaints and those related to services to the public. The overall breakdown between employment-related and service-related complaints was 63% / 37%.

• In its 2019 annual report, the Canadian Human Rights Commission reported that:

o Of accepted discrimination complaints, 3% were on the ground of sexual orientation, and 3% were on the ground of gender identity or expression.
o Complaints can involve more than one ground, and cover both employment-related complaints and those related to services to the public. The overall breakdown between employment-related and service-related complaints was 66% / 37% (1% other).

• In its 2018 annual report, the Canadian Human Rights Commission reported that:

o Of complaints on the ground of sexual orientation (3% of accepted discrimination complaints), 48% alleged harassment.
o Of complaints on the ground of gender identity or expression (3% of accepted discrimination complaints), 35% alleged harassment.