
Published on September 19, 2007 by Donna Seale
The Human Rights Campaign Foundation, an American organization that advocates for the rights of gay, lesbian, bisexual and transgendered (GLBT) persons, has released its recent survey of a wide range of companies headquartered in the US which evaluates those companies on how inclusive they are of the GLBT population. The Corporate Equality Index, as it is called, rates the businesses on things such as:
Click here to read the article referencing the survey in the San Francisco Chronicle. Click here to link to the Human Rights Campaign Foundation’s blog that talks about its release of the survey and click here to view the survey itself.
I am unaware of a similar review of businesses headquartered in Canada (I note, though, that the HRC’s survey did look, for example, at that venerable Canadian institution the Canadian Imperial Bank of Commerce which maintains US headquarters — CIBC received a 95 out of a 100 point rating, by the way). It would be interesting to know how Canadian companies stack up against their American cousins. My guess is that while sexual orientation has likely hit the radar screens of Canadian businesses, I’m not so sure about gender identity. With the exception of Alberta, all other human rights legislation across the country specifically lists sexual orientation as a protected characteristic (in Alberta they "read in" sexual orientation into their Act although it isn’t specifically mentioned) and human rights tribunals and the courts have issued key decisions relating to discrimination on the basis of sexual orientation.
Gender identity is another story. The North West Territories is the only jurisdiction in Canada that lists gender identity specifically as a protected ground in its human rights legislation. Manitoba is a close second with its reference to protecting "gender-determined characteristics." Alberta references gender. But, that’s it. In other provinces, human rights legislation has generally been interpreted to include gender identity under the protected characteristic "sex". Beyond that, there are only a handful of legal decisions in Canada that address discrimination in employment on the basis of gender identity. Now, that does not mean that Commissions haven’t been talking about gender identity and trying to raise awareness about discrimination and harassment faced by transsexuals and transgendered persons. For example, click here to read the Ontario Human Rights Commission’s Policy on Discrimination and Harassment because of Gender Identity.
I wonder, though, are employers in Canada hearing that message? If not, they should. As shown by the HRC survey, the GLBT population is watching. At a time when employers are facing a shrinking labour force, to remain competitive they need to ensure their workplaces are as inclusive and welcoming as possible.
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