LGBTQ2S Added to Employment Equity Act

Summary#

This bill adds members of the lesbian, gay, bisexual, transgender, queer and two-spirit communities to the “designated groups” covered by the federal Employment Equity Act. It updates the Act’s purpose, the definition of designated groups, self‑identification rules, and the compliance trigger for under‑representation. The goal is to include these communities in workforce analysis, reporting, and equity measures that already apply to other groups (amending EEA s.2, s.3, s.9(2), s.18(4), s.25(1.1)(a)).

• Expands “designated groups” to include LGBTQ2S communities (amending EEA s.3).
• Clarifies the Act’s purpose to correct disadvantages faced by LGBTQ2S people at work (amending EEA s.2).
• Counts employees in this group only if they voluntarily self‑identify or agree to be identified (amending EEA s.9(2), s.18(4)).
• Allows compliance officers to cite apparent under‑representation of LGBTQ2S people when finding non‑compliance (amending EEA s.25(1.1)(a)).
• Does not create quotas; it extends existing analysis, planning, and reporting duties to an added group (context: Employment Equity Act framework).

What it means for you#

• Households and workers

  • Voluntary self‑ID: If you work in a federal public service, Crown corporation, or federally regulated private‑sector workplace covered by the Act, you may be invited to self‑identify as part of the LGBTQ2S communities. Only those who self‑identify or agree to be identified will be counted (amending EEA s.9(2), s.18(4)).
  • Equity measures: Employers must include LGBTQ2S representation in workforce analysis and in equity plans that address barriers and set goals and timelines, as they already do for other groups (amending EEA s.2, s.3; EEA planning and reporting framework).
  • Privacy: The law keeps self‑identification voluntary. Employers cannot count you without your consent (amending EEA s.9(2), s.18(4)).
  • Timing: Effective date not stated in the bill text provided. Data unavailable.

• Businesses and employers covered by the Act

  • Data collection and reporting: Update self‑ID questionnaires, HR systems, workforce analyses, and annual reports to include LGBTQ2S categories (amending EEA s.9(2), s.18(4)).
  • Employment equity plans: Review employment systems, identify any gaps for LGBTQ2S staff, set goals, and adopt measures to improve representation and accommodation where needed (amending EEA s.2; EEA planning obligations).
  • Compliance: During audits, apparent under‑representation of LGBTQ2S employees can contribute to a non‑compliance finding, which may lead to directions to take corrective steps (amending EEA s.25(1.1)(a)).
  • Administrative updates: Revise privacy notices, staff training, and data security practices to handle sensitive self‑ID information (amending EEA s.9(2), s.18(4)).

• Local governments and service users

  • No direct changes. The Act covers the federal public sector and federally regulated private‑sector employers.

Expenses#

Estimated net cost: Data unavailable.

• Appropriations in bill text: None. The bill changes definitions and compliance triggers but does not authorize new spending.
• Federal administration: Likely updates to forms, guidance, and systems. Data unavailable.
• Employer compliance costs: One‑time updates to surveys and HR systems; ongoing analysis and reporting including the added group. Data unavailable.
• Fees or revenues: No new fees or revenue changes in the bill text.

Proponents' View#

• Fills a coverage gap: Adds LGBTQ2S communities to groups the Act is meant to support, recognizing barriers and the need for accommodation (amending EEA s.2, s.3).
• Better data for action: Voluntary self‑ID enables employers to measure representation and track progress, similar to other designated groups (amending EEA s.9(2), s.18(4)).
• Stronger accountability: Under‑representation of LGBTQ2S employees can now prompt compliance directions, which can accelerate corrective measures (amending EEA s.25(1.1)(a)).
• Consistent framework: Uses the existing Employment Equity Act tools—workforce analysis, plans, goals, and annual reports—so employers work within a familiar system rather than a new regime (EEA framework).
• Privacy safeguarded: Counting only those who self‑identify helps protect employee privacy while enabling aggregate reporting (amending EEA s.9(2), s.18(4)).

Opponents' View#

• Privacy and safety concerns: Even voluntary self‑identification about sexual orientation or gender identity may feel intrusive; mishandling could risk outing employees (amending EEA s.9(2), s.18(4)).
• Data quality risks: Many employees may choose not to self‑identify, which could produce incomplete data and weak baselines for assessing “under‑representation” (amending EEA s.9(2), s.25(1.1)(a)).
• Administrative burden: Employers must update forms, systems, training, and analyses, adding costs without clear estimates. Data unavailable.
• Overlap and complexity: Some argue anti‑discrimination protections already exist under the Canadian Human Rights Act, so adding a new designated group may add compliance steps without clear added benefit.
• Definition clarity: The bill names the “lesbian, gay, bisexual, transgender, queer and two‑spirit communities” but does not define precise categories, which may lead to inconsistent application across workplaces (amending EEA s.3).