Integrating Human Rights into Daily Practice

Everyone has a role in creating and nurturing a human rights culture within Canada. Positive, lasting change requires collective action. Canada has made great progress in human rights, yet much remains to be done. The nature of the human condition and human rights in Canada means that as our society evolves, new challenges emerge. The Commission collaborates with numerous stakeholders to identify common objectives, raise awareness, promote understanding and develop solutions to new and existing challenges.

Creating a Self-Sustaining Human Rights Culture – the Maturity Model

In the workplace, integrating human rights into all aspects of an organization is good for people and good for business. It can contribute to a positive work environment, strong motivation and increased productivity. It can enhance competitiveness, and recruitment and retention of the best employees. Conversely, undercurrents or actions of prejudice and discrimination can impact team cohesion, cost time and money, and cause damage to an organization’s business and reputation.

The Commission has found that most organizations recognize the importance of fostering a diverse and respectful workplace culture, yet they lack the knowledge or tools required to meet their objectives.

In response, the Commission has moved beyond explaining why they should protect human rights and has turned its focus to showing them how with its new “Human Rights Maturity Model.”

The first of its kind in the world, the Maturity Model will serve as a roadmap and performance measurement framework for employers, service providers, bargaining agents and employees as they transition their organizations to a self-sustaining human rights culture by fully integrating human rights in all policies, practices and processes—internally and for front-line service delivery. Aligning internal cultures with front-line service expectations can also contribute to the achievement of organizational business objectives and commitments to corporate social responsibility.

The Maturity Model provides a common language and a shared vision. It outlines steps that an organization must take if it seeks to grow, from a reactive to a proactive environment.

The tool is a step-by-step process that leads to improved levels of human rights maturity. It builds on five key elements:

• leadership and accountability;
• capacity building and resources;
• alignment of policies and processes;
• communication and consultation; and
• evaluation for continuous improvement.

The Commission is developing the Maturity Model and its measurement tools collaboratively with a diverse group of partners, including the Canadian Bankers Association; FETCO (Federally Regulated Employers – Transportation and Communications); Human Resources and Skills Development Canada; Canadian Labour Congress and other unions; and Canada Post Corporation, Canadian Pacific and other members of the CHRC Employer Advisory Council. The Commission is working closely with these partners to ensure that the Maturity Model responds to the unique needs of different employers, their employees and the public they serve. The concept is being validated with federally regulated employers and will soon enter the pilot phase.

Our stakeholders see the Maturity Model as a valuable tool. As more and more organizations choose to adopt the Maturity Model, it will contribute to defining a network of “employers of choice” for the Canadian workforce. As well, early adopters will comprise a peer network for knowledge sharing that will assist in the continuous improvement of practices. The Commission will serve as a centre of expertise for this knowledge. As a critical mass of organizations adopts the Maturity Model, the data collected by the measurement tool will provide the Commission with a snapshot of the maturity of human rights culture within Canada’s federally regulated organizations—information that could serve to influence future research and work.

The Maturity Model is an instrument of positive change that reflects the Commission’s new approach to preventing discrimination by assisting organizations in creating self-sustaining human rights cultures.

“The diversity of our population needs to be up front in the development of public policy. Within the Public Service, we must take advantage of this diversity as well.”

Wayne G. Wouters, Clerk of the Privy Council 2009 ADM Forum October 15, 2009

“To optimize the performance of a multigenerational workforce, employers should seek to develop inclusive workplace cultures, and create flexible working arrangements, to accommodate the varying needs of individuals from across generations.”

Tim Krywulak, Martha Roberts Winning the “Generation Wars” Conference Board of Canada November 2009

Promoting Employment Equity

Furthering the Commission’s work with organizations to integrate human rights into their daily practices are its efforts to increase representation within federally regulated organizations of the four designated groups: women, members of visible minorities, Aboriginal peoples and persons with disabilities. The Employment Equity Audit Program aims to identify and eliminate barriers to employment in areas such as recruitment, selection and hiring, development and training, promotion, retention and termination, and accommodation.

The program assists employers in implementing workforce practices that continuously improve employment equity in the workplace and make employment equity second nature to the organization. It helps employers improve their performance by highlighting gaps and providing targeted advice, tools and information to improve efficiency through compliance and progress audits conducted by Commission employees.

“Inclusive workplaces are central to a productive economy and a cohesive society. Workplaces should reflect the increasing diversity of Canada, in order to ensure that the talents of all workers can be fully developed and can contribute to our shared prosperity.”

The Honourable Rona Ambrose, Minister of Labour Speaking at the Royal Bank of Canada April 7, 2009

“Immigrant-friendly programs or practices—those that promote cultural awareness and diversity, that expand a firm’s recruitment methods, that offer bridging and mentoring services to new recruits, and that recognize foreign credentials—can have a significant impact on an organization’s bottom line.”

Vadim Kukushkin, Douglas Watt Immigrant-Friendly Businesses Conference Board of Canada November 2009

Profile of employers subject to the Act

Figure 1 shows the number of employers in each sector that are subject to the Employment Equity Act and the number of employees. The table also shows the number of employers that have been audited or are currently being audited.

Figure 1 – Employers and employees by industry sector, subject to the
Employment Equity Act, audited or under audit

Employers and employees currently subject to the Employment Equity Act

As Figure 1 shows, 296 (46%) of the 637 employers under the Act have been audited or are in the process of being audited. These 296 employers comprise 80% of the workforce (920,651 employees). There has been an increase of about 30,000 employees this year (from 1,116,989 in 2008 to 1,147,245 in 2009).

“[The] Employment Equity Act is Canada’s most important advancement so far in building a diverse and inclusive society.... The ability to earn a good living, to support your family and to advance in your career is central to anyone’s sense of self-worth and dignity.”

The Honourable Donald H. Oliver, Q.C., Senator Making the Case for Diversity Today – A Canadian Perspective October 18, 2007

Audit results

A total of 257 employers have been found to be in compliance with the requirements of the Act since 1998. This does not necessarily mean that these employers have achieved employment equity. It should be noted that when an employer is in compliance with the Act, it simply means that it has fulfilled the requirements of the Act.

While this is an accomplishment, there is still much work to be done. True employment equity will only be achieved when no person is denied employment opportunities or benefits for reasons unrelated to their ability.

The Commission is involved in two stages. Employers must first prepare an employment equity plan that demonstrates how they plan to eliminate employment barriers and under-representation of designated group members in the workplace. The Commission undertakes ‘preliminary audits’ to verify that this has been done. This year, the Commission completed 32 preliminary audits, and of these, 19 employers had prepared employment equity plans that met the requirements of the Act and were therefore found in compliance.

After an employer has prepared an employment equity plan, it is then given up to three years to fulfill the short-term goals articulated in the plan. The Commission then returns to the employer to conduct a progress assessment audit. The Commission completed 19 of these audits this year; 13 employers were found to have implemented their plans to an extent sufficient to be found in compliance with the Act.

The Commission has the power under the Act to issue “directions” instructing non-complying employers to remedy their non-compliance.

Figure 2 – Designated groups in the private sector

Figure 3 – Designated groups in the public service

Portrait of the four designated groups in federally regulated organizations

The Commission tracks the representation levels of the four designated groups covered by the Employment Equity Act (women, visible minorities, Aboriginal peoples and persons with disabilities) in the public sector and in federally regulated private industries such as banking, communications and transportation.

The goal is to achieve representation for each of the four groups equal or greater than their availability—the number of qualified workers available in the labour market.

Figure 2 shows that in federally regulated private sector organizations covered by the Employment Equity Act, visible minorities are fully represented. However, the other three designated groups—women, Aboriginal peoples and persons with disabilities—continue to be underrepresented. In fact the share of jobs held by women has dropped by 2% since 1997. Aboriginal peoples and persons with disabilities have made some gains but remain underrepresented based on the 2006 Census.

Figure 3 shows that in the public service, three of the four groups—women, Aboriginal peoples and persons with disabilities—continue to be fully represented. Members of visible minorities remain underrepresented in the public sector when compared to their availability based on the 2006 Census. This group has an availability of 12.4% but a representation of 9.8%. Significantly, women now account for 43.0% of executives, up from 25.1% in 1997-1998.

See the employment equity statistics.

Resolving Disputes

If an organization’s efforts to prevent discrimination fail, a human rights issue can be brought to the Commission. The Commission is dedicated to resolving disputes in a fair, transparent and effective way. The Commission continues to place emphasis on early dispute resolution through mediation and informal dialogue. These methods allow the parties to craft their own solutions, can help minimize and repair the damage to employment relationships, and can be quicker. The benefits of mediation can extend beyond the parties’ resolving their disputes, as some settlement terms also provide for systemic and policy changes that benefit Canadian society as a whole.

If a dispute cannot be resolved through dialogue or mediation and the inquirer wishes to pursue the matter, he or she can file a complaint. Once the complaint is accepted, the Commission’s new triage function ensures that each complaint is addressed using the most appropriate and timely process.

In each case, the Commission is required to render a decision on the complaint. The Commissioners can dismiss the complaint, appoint a conciliator, or refer the matter to the Canadian Human Rights Tribunal for further inquiry.

Complaints filed with the Commission

At year-end, the Commission had an increase in active caseload of 653 complaints, up from 568 the previous year. The average age of the Commission’s active caseload decreased to 7.8 months in 2009 from 8.9 months in 2008—against the defined target of nine months. This decrease was, in part, due to an influx of new complaints late in 2009.

See detailed dispute resolution statistics on the complaints received by the Commission.

“...discrimination, especially against visible minorities, aboriginal people and the disabled, continues unfortunately apace. Yes, the Charter of Rights and Freedoms has lessened discrimination by government, but the Charter does not apply to discrimination by one private citizen or company against another. If I refuse you a job because you are Aboriginal or a person of colour or wear a head scarf, the Charter is of no use at all. Only human rights agencies (commissions or tribunals) offer legal remedies to such problems.”

Janet Keeping, President of the Sheldon Chumir Foundation for Ethics in Leadership “Human rights commissions still needed”, The Calgary Herald January 23, 2008

Leading by Example

Workplace diversity The Commission consistently serves as a model of compliance under the Employment Equity Act. In 2009, of the Commission’s 179 employees: 64.2% were women (against a target of 62%); 10.6 % self-identified as being persons with disabilities (against a target of 3.7%); 15.1% self-identified as being members of visible minorities (against a target of 10.3%); and 3.4% self-identified as being Aboriginal peoples (against a target of 3.4%).

Bilingual workplace

The Commission has also achieved its goal of being a model of good management. This includes its commitment to providing a fully-bilingual workplace in which employees may work in the official language of their choice:

• 77.65% of positions at the Commission were designated and filled as bilingual imperative.
• In response to the 2008 Public Service Employee Survey, and exceeding the government-wide average, 95% of Commission employees said they felt free to use the language of their choice when communicating with their immediate supervisor and 91% felt free to use the language of their choice in meetings.
• Designated Official Languages Champions serve as role models in promoting the principles in the Official Languages Act and are involved with Commission leadership in addressing any official languages issue that may arise with employees or stakeholders.

Promoting awareness and understanding

The Commission encourages organizations to be employers of choice by creating inclusive, accommodating working environments. It leads by example by ensuring that its own work environment meets these criteria, by articulating its commitment frequently to employees, and by promoting awareness among its employees through training and information sessions.

This year, all Commission staff had the opportunity to attend experiential training regarding the day-to-day challenges of living with a disability. Another workshop increased employees’ understanding of how to best accommodate mental illness and provided strategies for promoting mental health.

Links & Resources

• Employment Equity Statistics
• Settlement Examples
• Dispute Resolution Statistics