Employment Equity in Ontario

Federal Employment Equity Act

The federal Employment Equity Act applies to:

• Federally regulated employers (banks, airlines, telecom, railways, Crown corporations) with 100+ employees.
• Federal contractors with $1M+ contracts subject to the Federal Contractors Program.

These employers must identify and eliminate employment barriers for four designated groups:

• Women
• Indigenous peoples
• Persons with disabilities
• Members of visible minorities

Ontario — Pay Equity Act

Ontario does not have a standalone employment equity act for provincially regulated employers, but the Pay Equity Act requires employers with 10+ employees to achieve and maintain pay equity between male and female job classes of equal or comparable value. This is distinct from equal pay for equal work under the ESA.

Ontario Human Rights Code — Proactive Obligations

The Ontario Human Rights Code imposes a duty to accommodate employees with disabilities, religious needs, and other Code-protected grounds to the point of undue hardship. This is an ongoing proactive duty — employers must inquire about accommodation needs, not wait to be asked.

Discrimination vs. Employment Equity

• Discrimination: Treating someone worse because of a protected ground — prohibited by the Human Rights Code.
• Employment equity: Taking positive steps to increase representation — required by the Employment Equity Act for covered employers.
• Employment equity programs (e.g., targeted hiring for Indigenous candidates) do not constitute discrimination under the Code even if they appear to favour certain groups.

Employee Remedies

• HRTO complaint for Human Rights Code violations.
• CHRC complaint for federal Employment Equity Act violations.
• Pay Equity Commission complaint for pay equity violations in Ontario.