Module 3: Diversity in the Workplace
3.3 Legal and Compliance Considerations
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Note: The audio transcript is available in the footnotes.
As an employee, it’s useful to learn about federal legislation, provincial legislation, and your workplace diversity policies which are in place to protect you.
Federal Legislation
In Canada, two federal legislations which provide the foundational framework for fostering diversity in the workplace and cultivating an inclusive work environment include the Employment Equity Act and the Canadian Human Rights Act.
Employment Equity Act
The purpose of the Employment Equity 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, in the fulfilment of that goal, 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” (Government of Canada, 2024a).
The Employment Equity Act (the Act) is in place to ensure that all Canadians gain the same access to opportunities in the workplace. The Act “applies to federally regulated private-sector employers (e.g., cross provincial or international road, air, marine and rail transportation, banking, and postal and courier services), federal Crown corporations, other federal organizations with 100 or more employees, the federal public service, including separate agencies, and other federal public sector employers” (Government of Canada, para.8, 2024b).
Employment equity programs
The Government of Ontario requires that employers have full representation of the four designated groups. It’s the employer’s duty to create and put into effect employment equity programs (such as anti-harassment policies and conflict resolution procedures) to offer support in an effort to make full representation possible (Canadian Human Rights Commission, 2022).
You may see a variety of employment equity programs in your own workplace — and if you do, make an effort to go through these materials as they can provide you with a better understanding of your organization’s acceptable behaviours and procedures.
To learn more about the Employment Equity Act, click on this link:
Employment Equity Act
The Canadian Human Rights Act
“The Canadian Human Rights Act protects against the following discriminatory practices if they are based on one or more of the prohibited grounds of discrimination:
- Denying or treating someone unfavourably when offering goods, services, facilities, or accommodation (see s. 5 of the Act).
- Denying or treating someone unfavourably when offering occupancy or accommodation in commercial or residential premises (see s. 6 of the Act).
- Refusing to employ or continue to employ someone (see s. 7(a) of the Act).
- Treating someone unfavourably in the workplace (see s. 7(b) of the Act).
- Using a job application form that expresses or implies any limitation, specification or preference (see s. 8(a) of the Act).
- Publishing job advertisements or making inquiries in connection with employment that express or imply any limitation, specification or preference (see s. 8(b) of the Act).
- Excluding, expelling or suspending a member of an employee organization (for example, a trade union) or unfavourably affecting their status or employment opportunities (see s. 9 of the Act).
- Establishing policies or practices, or entering into an agreement, that deprives people of employment opportunities (see s. 10 of the Act).
- Paying men and women differently when they are doing work of the same value in the same establishment (see s. 11 of the Act).
- Publishing or displaying in public any notice, sign, symbol or emblem that expresses, implies or incites discrimination (see s. 12 of the Act).
- Harassing someone, including sexual harassment, in connection with employment or when offering goods, services, facilities or accommodation (see s. 14 of the Act).
- Retaliating against a person who has filed a complaint (see s. 14.1 of the Act)” (Canadian Human Rights Tribunal, para.8, 2024).
Canada’s federal, provincial, and territorial laws all protect human rights, and the United Nation’s (UN) Universal Declaration of Human Rights (UDHR) provides the foundation for the Canadian Human Rights Act framework. The UDHR was proclaimed by the United Nations General Assembly on December 10, 1948 to serve as “a common standard of achievements for all peoples and all nations” (United Nations [UN], 2024). Exploring the UN’s UDHR will allow you to better recognize the rights you have as an individual.
To learn more about UN’s milestone document, check out
Universal Declaration of Human Rights
To learn more about The Canadian Human Rights Act, click on this link:
Guide to Understanding The Canadian Human Rights Tribunal
Provincial Legislation
Ontario Human Rights Code
“Everyone has human rights that entitle them to equality, dignity, and freedom
from discrimination” (Canadian Centre for Occupational Health and Safety [CCOHS], 2024).
Enacted in 1962, Ontario’s Human Rights Code protects individuals within social areas. These social areas include (1) accommodations/housing, (2) contracts, (3) employment, (4) goods, services, and facilities, and (5) membership in unions, trade or professional associations (Ontario Human Rights Commission [OHRC], 2024). The Ontario Human Rights Code also provides protected grounds on fourteen key areas provided below.
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Each jurisdiction within Ontario may use different wording to describe the fourteen protected grounds. Also, jurisdictions may include additional protected grounds (such as lawful income sources and political beliefs) (CCOHS, 2024). Going through these protected grounds may help you better navigate through future work situations, especially if you find yourself in an unhealthy workplace environment.
Workplace Diversity Policies
“The Accessibility for Ontarians with Disabilities Act, 2025 (AODA) is the law that sets out a process for developing, implementing and enforcing accessibility standards. Government, businesses, non-profits and public sector organizations must follow the standards.
Accessibility laws and standards help to reduce and remove barriers and make Ontario more inclusive for everyone” (Government of Ontario, 2023a).
In Ontario workplaces, employees will undergo mandatory AODA training (often delivered through online modules). In addition to AODA training, organizations may offer additional workplace diversity policies. Below are a few examples of possible diversity policies you may encounter.
- EDI or DEI policies
- Diversity and inclusion policies
- Recruitment and selection of employee policies
- Wellbeing policies
- Code of conduct policies
If you would like to complete a free AODA training tutorial (which is approximately 1 hour in length) and receive a certification upon completion, visit Free AODA Online Training
Audio transcript for Module 3.3 Legal and Compliance Considerations
You’ve recently celebrated the six-month mark of your Junior Marketing Assistant role. Things are more manageable: your performance review with Samantha goes better than expected. She compliments you on your ability to work well with others and your eager initiative to learn. For areas of improvement, Samantha comments on the need to better plan your emails because sometimes you need more than one message to clarify a situation with a client or co-worker. She also recommends familiarizing yourself with government legislation and your company policies to start planning for career advancement.
When they hired you, they required you to do an Accessibility for Ontarians with Disabilities Act, or AODA e-learning tutorial. Thinking back, you skimmed and passively went through the modules thinking that it didn’t really matter. Now, the more time you spend in the workplace, the more you realize that government regulations inform company policies.
You decide to go on the HR portal to find the AODA e-learning tutorial as you’d like to review the materials again in the upcoming weeks. As well, you create a plan to go through your company’s materials on equity, diversity, and inclusivity to better understand how Randolph Marketing, Inc. is approaching EDI. While on the HR portal, you also see some interesting in-person and virtual communication workshops dedicated to helping you write better, and more organized, emails, which you add to your work calendar. The upcoming weeks will definitely be busy.
