The Employment Equity Act applies to parts of the federal public service, some Crown corporations, and private sector employers with over 100 employees. The Act helps all Canadians have the same access to the labour market. The Act also requires that these employers take actions to ensure the full representation of members of four designated groups within their organizations: women, Aboriginal peoples, people with disabilities and members of visible minorities.
The purpose of the Act is to:

• achieve equality in the workplace by removing barriers to employment for the designated groups (women, Aboriginal peoples, persons with disabilities and members of visible minorities);
• correct the conditions of disadvantage in employment for the four designated groups; and
• give effect to the principle that employment equity means more than treating people in the same way; it also requires special measures and the accommodation of differences.

Employers not covered by the Employment Equity Act should refer to provincial regulations. You can also refer to Human Resources and Skills Development Canada. 

In an interview, it is illegal to ask a candidate whether they have a disability. However, it is good practice to ask if they need an accommodation to perform the job after a job offer has been made. 

After describing the job thoroughly in the interview, you can ask the candidate if they are able to perform the essential functions of the job. You can also ask how they would perform specific job-related functions.

You can find more details about what you can and cannot ask in the Employment Equity Act and on the Canada HR Centre website.

• Reach out through a variety of media to advertise your job opening.
• Hire staff based on competencies. When writing job postings, list the skills, knowledge and attributes required for the job.  This way, you focus on attracting applicants who can do the job. In your interviews, ask questions that tell you whether the person has the ability to do the job—this way, you focus on ability, not disability or other perceived challenges.
• Be proactive—create a hiring atmosphere that promotes inclusiveness. For example, choose an interview space that is well lit, spacious and accessible.
• Be sensitive to applicants’ needs and accommodate them during the interview process. For example, if you’ve been informed in advance that an applicant is hearing impaired or has a learning disability, you could provide the questions in written form in addition to asking verbally. For a candidate who uses a wheelchair, ensure that your interview space is accessible.

When hiring, consider incorporating practices that attract employees from diverse backgrounds to your workplace. A diverse team can increase innovation and productivity and attract a broader clientele to your business.

A diverse team might include employees of different race, ancestry or ethno-cultural origin, religion, age, gender, sexual orientation, marital status, family status and mental or physical ability.

Sector organizations often have helpful resources to help you with attracting and hiring qualified employees from diverse populations. For example:

• Construction
• Tourism
• Energy

Provincial resources on hiring a diverse workforce

The province where you operate your organization may have information and resources that answer your specific questions. They also may have specific insights into special populations in your area and information about funding available in the province. Here are some examples:

• BC: WorkBC on recruitment and retention
• Alberta: The Government of Alberta offers a publication called Employing a Diverse Workforce: Making it Work that includes tips and information about support and funding specific to Alberta.
• Manitoba:Workforce resource
• Full list (Working in Canada)

Specialized organizations:

Read about specific populations to understand the value they bring to your organization and how you can take steps to include them. For example:

• Immigrant Employment Council of BC: Connects employers with immigrant talent to improve their bottom line, build local communities and grow the economy.
• Inclusion BC: Information on workplace inclusion of people with developmental disabilities.
• Mental Health Works: How to approach hiring to include people with disabilities, including those with mental health issues.

A welcoming workplace is one that focuses on employment equity, treating everyone with fairness and taking people’s differences into account. Employment equity can mean treating people equally despite their differences. It may also mean treating people as equals by accommodating their differences.

Encourage and celebrate diversity and build awareness of what this diversity might mean in your workplace.  Strive to build diversity into the planning and structure of your workplace and communicate this to your employees. You can also provide diversity and cross-cultural training to staff.

Related resources:

• Safe Harbour Program – A nationwide initiative for local organizations who wish to take a leadership role in creating an environment where all members of our community feel safe and welcomed. The Inter-Cultural Association of Greater Victoria is the Safe Harbour community representative for Victoria and provides no-cost, two-hour Safe Harbour sessions to local businesses and agencies. Member organizations commit to being a Safe Harbour member and display a Safe Harbour decal on their agency’s entrance window.
• UVic Positive Space Network – A visible network of students, faculty, staff and alumni who are working to make the University of Victoria a safer and more inclusive space for people of all genders and sexualities. Any member of the UVic community can become a PSN resource person () by attending a workshop and displaying the PSN card in their work or study area.
• Resource groups in Victoria

All new employees require orientation to the physical workplace and an understanding of the expectations of their position. Be aware that hiring for diversity may mean some employees have additional questions that don’t typically come up with other new employees. The approach you use to introduce any new employee to your workplace should use common sense and focus on the person’s abilities.

Help employees at all levels to talk about their concerns with dealing with elements that are new to them in the work environment. Communicating with all of your staff will help remove any barriers by getting issues out into the open.

Related resources:

• Government of BC Workable Solution Tools: Provides employers and HR professionals with tools to support recruitment and retention of persons with disabilities in BC. Module 4: Orientation and Preparation discusses integration strategies for new staff.

Accommodation encompasses any modification or support that allows a person to do his or her job. This includes altering architectural features of the building, adapting work processes, and providing tools that an individual uses in the course of daily work. According to the Canadian Human Rights Code, accommodation is required when an employee’s disability results in "functional limitations" preventing them from performing an "essential duty" of their job. Accommodations are "reasonable" so long as they don’t impose "undue hardships" on the employer.

Usually, accommodations are easy to implement, relatively inexpensive and demonstrate a commitment to a healthier and more equitable workplace.

Related resources:

• Mental Health Works
• Government of BC Workable Solution Tools

The cost of accommodations as a barrier to hiring persons with disabilities is often overstated. Mostly, accommodation turns out to be a combination of flexibility about hours, job requirements and possibly some technology.

Sample accommodations and costs

• Changing a desk layout from the right to the left side for a data-entry operator who has a shoulder injury ($0)
• Supplying a telephone amplifier for a computer programmer who is hard of hearing ($70)
• Providing an articulating keyboard tray to alleviate the strain of repetitive motion and carpal tunnel syndrome ($150)
• Providing a specialized chair for a district sales agent to alleviate pain caused by a back injury ($400)
• Providing a drafting table, page turner and pressure-sensitive tape recorder for a sales agent with paralysis ($1,100)

The vast majority of people with disabilities who are currently employed require no special workplace accommodations whatsoever. Employees with disabilities can often be accommodated by simply moving furniture.

• Content adapted from Government of BC Workable Solution Tools: Provides employers and HR professionals with tools to support recruitment and retention of persons with disabilities in BC.

• The Government of Canada provides a range of related resources, including an Intercultural Insights website with tips to share with all employees in your organization.
• The Government of Alberta provides online diversity training for employers called Diversity and Inclusion in the Workplace. The course touches on topics such as diversity, awareness, communication and dealing with resistance to organizational change.
• The Community Partnership Network (CPN) helps organizations and businesses in Victoria develop the capacity to attract, welcome and integrate newcomers while building welcoming communities.
• Mental Health Works provides a range of resources on everything from talking to employees struggling with mental health issues to understanding legal rights and responsibilities, employers can find resources here to help make their workplace more mentally healthy and psychologically safe.