Addressing Systemic Racial Discrimination in Employment: The Health Canada Case and Implications of Legislative Change

ID:	HARP-301
Title:	Addressing Systemic Racial Discrimination in Employment: The Health Canada Case and Implications of Legislative Change
Source:	Canadian Public Policy/Analyse de Politiques, 2002, 28, 3, Sept, 373-394
Parties:
Dispute Resolution Organ:
Year:	2002
Pages:	0
Author(s):
Keywords:	anti-discrimination, Canada, discrimination, employment, equity, human rights, law, legal, racial discrimination, tribunal, health, racism, visible minority
Abstract:	The 1997 Human Rights Tribunal decision on “systemic” racial discrimination at Health Canada, specifically addressing “glass-ceiling” barriers to the promotion of visible minorities to senior management, provides an effective illustration of the subtle & elusive nature of this form of discrimination, the complex evidence required for legal proof, & the rationale for employment-equity remedies. Public participation was critical to the case. It helped identify & interpret critical testimony & documents, mobilize resources for an employee survey & expert testimony, & develop a detailed remedial proposal. Under the 1996 amendments to the Employment Equity Act & the Canadian Human Rights Act responsibility for systemic discrimination has changed, replacing the demonstrated potential of the human-rights complaints process with the broader coverage of a new audit-based employment equity process. The Health Canada experience suggests that a key to this trade-off is whether limited opportunities for public input can be enhanced. Implications for legal strategies & broader policy to address systemic racial discrimination are discussed.
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