We’ve already seen drastic legal shifts in the U.S.
Supreme Court decisions and state-level policies are directly affecting human rights which will inevitably affect human rights and diversity in the workplace.
And, while these changes remain in the U.S. (for now), it has reignited discussions on systematic discrimination. As we continue in a state of uncertainty, it’s crucial that Ontario businesses reaffirm commitments to Equity, Diversity, and Inclusion (EDI), while also ensuring compliance with the Ontario Human Rights Code(the “Code” and Employment Standards Act(“ESA”).
What is systemic discrimination?
Systemic discrimination refers to engrained policies, practices, or workplace cultures that disadvantage certain groups based on protected grounds under the Code. Unlike isolated incidents of discrimination, systemic discrimination is often embedded in hiring, promotions, pay structures, and disciplinary policies. It is discrimination that occurs over time and affects an entire organization.
Best practices for addressing systemic discrimination in Ontario
1. Review Workplace Policies for Bias
Employers should audit hiring, promotion, and disciplinary policies to ensure they do not create barriers for marginalized groups. Implement bias-free hiring practices such as:
- Structure interviews with standardized evaluation criteria.
- Use blind recruitment techniques to minimize unconscious bias.
- Ensure diverse hiring panels.
2. Ensure Pay Equity and Transparency
Pay gaps can reflect patterns in how roles are valued and compensated over time, often based on gender, race, or other protected grounds.
- Conduct regular pay equity audits to address wage disparities. Pay discrepancies are most commonly found between males and females. Employers should ensure they are abiding by the Pay Equity Act.
- Clearly communicate salary structures to employees to prevent discrimination in compensation.
3. Invest in Training, Policies, and Accountability
EDI doesn’t succeed in a vacuum. It requires structure and buy-in — especially from leadership.
- Provide anti-discrimination and unconscious bias training for all employees, including leadership or management.
- Establish clear policies and protocols for employees to report discrimination without fear of retaliation.
- Implement mentorship programs to support career advancement for underrepresented groups.
4. Support Accommodations with Intention
The Code requires that employers accommodate employees based on protected grounds, such as disability, family status, or religion — unless doing so would cause undue hardship.
- Employers must provide reasonable accommodations for employees based on protected grounds under the Code.
- Regularly review accommodation policies to ensure compliance with evolving legal standards.
5. Monitor and Measure DEI Initiatives
Change doesn’t happen without measurement. Tracking EDI progress, when done transparently and ethically, is key to meaningful change.
- Use employee surveys and demographic data (collected voluntarily and anonymously) to assess workplace diversity.
- Set measurable diversity and inclusion goals with regular progress reviews.
Why U.S. trends still matter in Canada
While the legal climate in the U.S. continues to shift, it’s important that Ontario businesses remain committed to upholding EDI initiatives and strong human rights protections. Employers who take proactive steps to address systemic discrimination will not only avoid legal risks but will also foster a more equitable and productive work environment.
Need a fresh look at your workplace policies? We can help.
Greenwood Law offers tailored legal advice to employers seeking to update policies, align with Ontario law, or proactively address systemic discrimination. Contact us to book a consultation.
