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Practices

Workplace Equity

Fasken

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.

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