AFFIRMITIVE ACTION

In the Human Rights Act, Chapter 214 of the revised statutes, 1989, it s
tates
that "in recognition that human rights must be protected by the rule of law, thi
s
Legislature affirms the principal that every person is free and equal in dignity
and
rights without regard to race, religion, religious creed, colour, sex, physical
or
mental disability or ethnic or national origin." Unfortunately though, sometime
s this
law is not always abided by. Women, aboriginal people who are physically or
mentally challenged, and visible minorities have often been denied employment
equity, or equal employment opportunities due to discriminatory practices. Thes
e
groups should enjoy equal representative share of employment opportunities in al
l
occupations and at all levels.
An example of discrimination that denies equal opportunity is the practi
ce of
allowing members of these four groups to advance within a company only to a
certain level. The company may appear to be equitable by including members of
these groups in management positions. However, the top executive positions are
still out of reach for members of these groups not because these people are not
qualified for the jobs, but because they are discriminated against. Legislation
,
including the federal Employment Equity Act, exists to ensure employment equity.

Such legislation requires employers to report what proportion of their employees

belong to these four groups. Employers must then prove that all groups are equa
lly
represented at all levels within their organizations.
Affirmative action promotes equality in the workplace in such areas as h
iring,
training-apprenticeships, promotion, compensation, transfer, layoff, termination
and
goals. It also promotes equal employment opportunities for those groups or
individuals who are disadvantaged due to race, religion, creed, colour, disabili
ty,
national or ethnic origin, sex, age or marital status. Affirmative action progr
ams are
designed to improve the lot of people who have suffered as a result of past
discrimination.
By the year 2000, white males will likely account for only 15% of new
workers - 85% of new workers will consist of women, aboriginal people, physicall
y
or mentally challenged people, and members of visible minorities. The number of

women and minorities has increased in many occupations because of affirmative

action programs. Some companies actually make a point of advertising that they
are
Equal Opportunity Employers.
Application forms and advertisements for employment should not make any
inquiry that directly or indirectly expresses or invites any limitation, specifi
cation,
preference or information as to age, race, colour, religion, creed, sex, sexual
orientation, physical or mental disability, ethnic, national or aboriginal origi
n, family
or marital status, source of income, political beliefs, affiliation or activity.
There is
provision for exemption if a bona fide qualification can be established. The bu
rden
of proof lies with the employer, who should apply in writing to the Human Rights

Commission.
Some unacceptable pre-employment inquiries are:
-indicate whether Mr., Mrs., Miss. or Ms.
-any inquiry into gender
-any inquiry into sexual orientation
-any inquiry into pregnancy, childbirth or child bearing plans
-any inquiry as to the applicant's spouse
-request for photograph or the taking of photographs
-any inquiry into religious affiliation or customs