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Workplace Equity


Guiding organizations through the proper establishment and audit of workplace equity programs is what we do at Fasken. We develop strategies to address identified vulnerabilities and ensure each program complies with applicable legislation, thereby keeping our clients on the right side of the law. Should disputes arise, we represent employers before enforcement authorities, boards and tribunals.
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Overview

Guiding organizations through the proper establishment and audit of workplace equity programs is what we do at Fasken. We develop strategies to address identified vulnerabilities and ensure each program complies with applicable legislation, thereby keeping our clients on the right side of the law. Should disputes arise, we represent employers before enforcement authorities, boards and tribunals.

Workplace equity programs are created to do more than just ensure fair hiring, treatment and compensation of employees, they also create, in many instances, advantages for your organization.

In Canada, employment equity legislation governs federally regulated businesses such as banks, telecommunications company and crown corporations. Provincially regulated businesses are also at times subject to employment equity obligations pursuant to the Federal Contractors Program or under Provincial legislation. However, irrespective of what legislative requirements apply to your organization, our LEHR lawyers are trained, knowledgeable and ready to assist.

Notwithstanding the aforementioned information, human rights, employment standards and pay equity legislation govern, to various degrees, an organization’s compensation practices on a national or regional basis, aiming to correct systemic wage discrimination for female-dominated job classes or pay inequity in the performance of equal or substantially similar work.

Foreign and domestic companies should be aware of this legislative framework when structuring employment strategies or completing M&A transactions.

At Fasken, we will work with your team to draft and update employment policies that proactively prevent issues before they occur. We also help you create comprehensive plans to achieve pay equity. When necessary, we will assist you in preparing for and responding to audits, investigations or allegations of discrimination.

We assist and represent human resource professionals, managers and directors with efficient, cost-effective advice and support aimed at ongoing compliance.

Are you in need of a partial or comprehensive review of the workplace equity programs? Would like to check that you are compliance with current government legislations? Contact any member of our LEHR team. Also peruse our HR Space bulletin to learn more about workplace equity considerations that are relevant for your successful business operations.

Team

Primary Contacts
  • Claire Himsl, Counsel, Calgary, AB, +1 587 233 4114, chimsl@fasken.com
  • Paul Fouche, Partner, Johannesburg, +27 11 586 6021, pfouche@fasken.com
  • Emilie Paquin-Holmested, Partner | CO-LEADER, LABOUR, EMPLOYMENT & HUMAN RIGHTS, Montréal, QC, +1 514 397 5111, epaquin@fasken.com
  • Claire Vachon, Counsel, Toronto, ON, +1 416 943 8964, cvachon@fasken.com
  • Jackie VanDerMeulen, Partner, Toronto, ON, +1 416 865 5402, jvandermeulen@fasken.com

Client Work

  • Foreign Worker Recruitment Agency relies on Fasken for various employer compliance questions, [Deal - Foreign Worker Recruitment Agency], Questions related to employer compliance with immigration, employment and human rights.
  • Humber River Hospital v. Ontario Public Employees Union, [Case - Humber River Hospital]
  • Molson Coors in a grievance under the new article 41.1 of the Act Respecting Labour Standards, [Case - Molson Coors Canada]
  • Barry Callebaut renews a 6-year collective agreement for its employees, [Case - Barry Callebaut]
  • Groupe Technologies Desjardins succeeds in front of The Quebec Superior Court, [Case - Groupe Technologies Desjardins Inc.]
  • Settlement of labour conflict at Aluminerie de Bécancour ( ABI ) – Alcoa and Rio Tinto, [Case - Alcoa and Rio Tinto]

Knowledge

  • ESG Issues in a Changing World – Fasken Webinar Series, The global business community continues to address the twin crises around public health and the economy, corporations are examining their role within our socio-economic system.

Events

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