_ The The Newsletter for Human Resource Professionals Volume 2, Issue 5 June 1989 Feature No Rank Discrimination with “Diversity in Our Ranks” 33 Ontario’s Provincial Police Force wants to better represent the population of the province as well as solve its looming human resource problems. Employment equity is the means of doing both, and the Force is methodically pursuing equity goals with determination and precision. No Rank Discrimination with “Diversity in Our Ranks” by Lynne Sullivan Memorandum to the Commissioner 36 The head of the OPP’s employment equity unit reports on the myriad initiatives taken to strike a closer relationship with the community and to find more recruits. Pay Equity Timelines Have Been Met in Manitoba 37 The progress of pay equity implementation and wage adjustment has been timely in Manitoba, with public sector employers and bargaining agents meeting all the deadlines specified in legislation Human Rights Sexual Harassment isSex Discrimination, Supreme Court Decides 38 In two unanimous decisions handed down in May, the Supreme Court of Canada broadened the grounds for sex discrimination complaints and put to rest for good the notion that sexual harassment is not necessarily sex discrimination. Update 39 Family care benefits are broadened in the States, both the federal government and the Canadian AIDS Society have some urgent words for the business community, and mandatory employment equity may have moved a step closer to becoming law in Ontario. Ontario’s municipal police forces have come under se­ vere criticism from several sources over the past few months, the most prominent being a six-member pro­ vincial task force on race relations and policing chaired by Toronto’s police complaints commissioner and former judge, Clare Lewis. The task force, after considering over two-hundred oral and written submissions from citizens all over the province, came out swinging with 57 recommendations on hiring and promotion, monitoring, training, com­ munity relations, the use of force and the procedures of police commissions. Nowhere was the task force’s report more scathing than when it looked at police forces’ apparent inability to hire members of visible minorities. Reflecting on the failure of police departments to reflect the racial com­ position of their communities, Lewis declared at a news conference, “Voluntary employment equity doesn’t work. It is all too clear that earlier programs have not achieved their goals.” He went on to elaborate on the task force’s recom­ mendations that mandatory hiring targets should be set for each police department in the province, that annually-updated action plans should be submitted to a new civilian agency set up to oversee employment equity progress and that municipal police forces fail­ ing to meet their targets should be reported to the Ontario Human Rights Commission and denied pro­ vincial funds. The report triggered an immediate flurry of con- THE EQUAL TIMES Editor Lynne Sullivan Principal William M. Mercer Limited Advisory Board Ms. Mary Eberts Partner Tory, Tory, Deslauriers & Binnington Mr. Russell Juriansz Partner Blake, Cassels & Graydon Ms. Lynda J. White Equal Opportunity Coordinator The Royal Bank of Canada Mr. D. Lawrence Morden Corporate Vice-President, Human Resources Ault Foods Limited The Equal Times Publisher - Herbert R. Hilderley Executive Editor - Lynne Sullivan Managing Editor - Greg Cable Publishing Coordinator - Nancy Talbot Marketing Coordinator - Joerg Klauck Design and Typesetting - Robin Brass Studio Bedford House Publishing Corporation Chairman - John G. Bacopulos Deputy Chairman - John J. Pizale President - Herbert R. Hilderley Vice-President - Nathan Rudyk © Bedford House Publishing Corporation, 1989 Printed in Canada Second class mail registration number 8077 cerned comments from politicians and police of­ ficials, some critical, some cautiously supportive. But there was a common recognition that in the multicultural society of Ontario, things just have to change. As the Solicitor-General at the time said, “Right now, the need for strengthening police relationships with the communities they serve is very apparent. Much is at stake.” With so much at stake, it seems clear that for rapid change to come, forces have to be mar­ shalled for a determined offensive. “The People Are the Police” The office of Ontario Provincial Police Superin­ tendent Phil Caney looks like a war room. A large white board is dotted with initiatives. Sayings and themes are spotted about the walls: “More diverse workforce.” “Ontario Hu­ man Rights Code.” “OPP should reflect the po­ pulation.” “Don’t disenfranchise.” “Strength in diversity.” Then there is the quote from the creator of the British ‘bobbies’, Sir Robert Peel: “The po34 lice are the people and the people are the po­ lice.” The office environment reflects the OPP Commissioner’s view that, as “a front-line rep­ resentative of the public service” of the prov­ ince, the Force has to better represent the population that it serves, “racially, culturally and in terms of gender.” The Force has adopted the theme Diversity in Our Ranks and has set about to translate that theme into goals and make those goals reality. The OPP is one of the largest deployed po­ licing agencies in North America, operating over a million square kilometres of land and water and providing services to an ever more diverse population. Over the past year, the Force has been swept by a blizzard of ongoing initiatives to encourage employment equity and multiculturalism (see the Memorandum to the Commissioner on page 36). The blizzard blows out of Phil Caney’s of­ fice, his headquarters since June, 1988, when the Commissioner appointed him to coordinate efforts towards developing and implementing an employment equity plan. A five-person unit operating out of the Commissioner’s office was set up to complement the Ministry of the Solici­ tor-General’s initiatives and to focus specifi­ cally on several issues within the OPP. The unit has a broad mandate to bring about change, backed up by the full and open support of the Commissioner, Tom O’Grady. According to Caney, O’Grady is “so easy to deal with, so receptive to these ideas. He supports us if they’re well thought out.” As part of his high-profile support, the Commissioner has said via speeches, memos and print and video media that employment equity is a number one priority. A statement on the issue highlighting its priority has also ap­ peared in the weekly Routine Orders which was, according to Caney, “the first time we’ve ever put something like that in there.” O’Grady also sent a memorandum to all provincial and division commanders, enlisting their assistance in identifying potential re­ cruits. Specifically, he asked each district superintendent to identify at least three poten­ tially acceptable applicants from three target groups—aboriginal peoples, racial minorities and women—and each branch director to iden­ tify one potential applicant. And, in May, 1989, he used his prerogative to promote a female constable to the rank of Inspector in the Staff JUNE 1989 Services Branch. The woman, who has been with the Force since 1977, holds a law degree from Osgoode Hall and has worked in two pro­ vincial ministries, skipped over the ranks of sergeant and staff-sergeant, the first to do so in the OPP’s 80-year history. A Community-Based Model Important as management support is, how­ ever, it can’t do the job alone. “Without commit­ ment from the top,” Caney says, “nothing changes. But if employment equity was driven continuously top-down without linking it to something, it wouldn’t work.” The vital link for the OPP is a community­ based policing model. “You can train people until they can’t stand up and they may still have no commitment. Education in itself is not the answer. What we’re building on as our cor­ nerstone for employment equity is recruitment and outreach, which go hand and hand. Talk to the community, understand what’s going on and then react. Recognizing that linkage with the commu­ nity is the key to successful policing, police­ community committees have been set up in several districts to meet with different minor­ ity groups, share ideas, identify problems and suggest solutions. The main idea is that such meetings will promote mutual understanding and respect, but it’s expected that they’ll also help recruiting efforts. “Mount Forest District was positive, inno­ vative and creative. We used their example as a prototype and gave them credit for doing it in the Force magazine, the OPP Review. Competing Effectively for Human Resources Target recruiting is the major focus of the OPP’s employment equity plan, with efforts aimed at specific people and places “to change pool.” This is seen not only in an employ­ ment equity context, but as part of strate­ gic planning for effective human re­ sources management. Like other organi­ zations, the OPP is faced with diminish­ ing numbers of young workers and in­ creasing competition for skilled gradu­ ates. But the Force also has to cope with an accelerated rate of retirements. Since a reorganization in the early 1960s, a “bub­ ble” of OPP members has been moving through the system. Under present pension plan provisions for retirement at age 50 with 30 years of service, fully one-third of the Force will be eligible to retire in the next two-to-three years, which makes meeting the staffing re­ quirements of the early 1990s a real challenge. Under these conditions, employment equity initiatives become even more of a necessity. Says Caney, “We have to go after it now. I’m looking at getting people in place. In a few short years they could be in management posi­ tions. No one will be able to say that we are not promoting these people. This is the precursor to management succession.” Getting Role Models in Place Applicant standards is a contentious issue which many Force members are concerned about. To allay those concerns, a lot of empha­ sis is put on getting the message across that the traditional merit principle has not been and will not be sacrificed, and that applicant standards have been changed—removing in­ consistencies or inequities that posed systemic barriers to target groups—but not lowered. With that principle firmly in place, recruit­ ment efforts have been aggressive, first within the recruitment unit itself because, as Caney says, “The lack of role models is what really slows us down. If we have role models, we know we can do better.” Five recruiters have been identified within the OPP—including one native, one woman, two blacks and one francophone—to operate within the regular recruitment unit and pursue designated group members. Staff Sergeant Jay Hope, a member of Caney’s staff, for example, has specialized in outreach recruitment, going into churches with large black congregations, attending the Harry Jerome awards dinner and assisting in the orga- The O.P.P/s Progress to Date Racial Minorities Aboriginal Peoples Francophones Women Jan/88 Jan/89 June /89 8 21 Unknown 155 13 27 42 202 26 35 42 228 “Although these numbers are strikingly low,” says Phil Caney, “the patterns reflect a significant increase.” 35 THE EQUAL TIMES April 4, 1989 MEMORANDUM TO: The Commissioner RE: Employment Equity Initiatives for the Ontario Provincial Police History The Employment Equity Unit commenced in June, 1988, and is headed by Superintendent Phil M. Caney. Today, the unit is also comprised of Staff Sergeant Jay Hope, Sergeant Joan Tonner and Provincial Constable Kirk Dupre. Background The efforts and accomplishment listed herein reflect our commitment and progress towards our goal of employment equity within the O.P.P. Our efforts and accomplishments include: Direct Posting/Hires Aboriginals from Indian Policing Program have joined our ranks as O.P.P. constables. Force Library Addition “Police, Race and Ethnicity” to all detachment libraries. Commissioner’s Memo Requirement that each district commander recommend three persons who fall into the target groups and each branch director recommend one person for hire to the O.P.P. in 1989. Commissioner's Address Commissioned Officers’ Conferences, May and September, 1988. Commissioner’s. Letter To all Force employees, July, 1988. Recruiting Poster Entitled “Diversity/Diversite”, represents some of the target groups. Routine Orders Contains weekly messages to Force members. This forum is occasionally used to discuss employment equity concepts and issues (commenc­ ing November, 1988). G,H,Q, Environment Walls and displays have been enhanced with multicultural, Human Rights Commis­ sion, photographs and information; “lead by example attitude.” Video “Diversity in our Ranks” A video presentation it which the Commissioner explains to all Force employ ees the basic concepts of employment equity (De­ cember, 1988). Recruiting Brochure Reflects the diversity in our ranks. O.P.P. Review Force periodical, distributed to all Force employees, containing article dispelling myths about employment equity (December, 1988). Applicant Standards Changes include: i) lowering entry age from 21 to 18 years, ii) requirement that all applicants be Canadian citi­ zens, iii) removal of points for height and weight. nization of the OPP’s participation in Toronto’s Caribana parade. For that event, Caney em­ phasized that the OPP was going to be repre­ sented by a contingent of black officers parad­ ing in white sweatsuits (emblazoned with the OPP insignia in front and “Join Our Team” on the back) and mixing with the crowd en route. In the north, the OPP has created a position for a member based in Kenora whose role it will be to help deal with native concerns with the OPP and vice versa. He will also help with the recruitment of both regular OPP and special constables (reserves), helping select natives who want to train to be OPP officers. Caney feels this will be a beneficial process in a num­ ber of ways. For one, “If we can get native con­ stables on board and if they like it and stay, it 36 Changes were made to comply with the Police Act, the Ontario Human Rights Code and to ensure an equitable process for all applicants. Ministry of Solicitor General Newsletter This publication contains various articles about employment eq­ uity, including an O.P.P. article to be published in January, 1989. will help solve the problem of duration postings.” (OPP officers are required to stay only two-to-four years, depending on the posting, in remote areas.) The Force is also encouraging the commu­ nity, especially designated group members to consider getting “valuable insight into the role of police officers” as well as “a sneak preview of police work” through auxiliary policing and summer student programs. Making the Transition Once target group recruits are selected, a men­ toring process is begun whereby existing offi­ cers of the same target group meet with re­ cruits to share their own experiences. Appar­ ently, some members of the Force have seen JUNE 1989 Symposiums Several police/community symposiums which provide a forum for community groups to ex­ press their concerns about policing issues have been held in London, Thunder Bay, Toronto and Ottawa. Many O.P.P. officers from all ranks have attended these symposiums. In addition, a bilingual commentator is being sought for the program. Force Recruiters Force Recruiters have attended a “sensitivity training” session which will help them make more objective non-biased selections of police applicants. Mentoring An informal meeting of recruits who are from target groups are spoken to by regular designate group Force members as a support function and role models. This is conducted while the recruits are at orientation training at the training academy in Bramp­ ton. Human Rights Presentation Senior Force managers have received instruction on the Ontario Human Rights Code and its application within the Force. Citizenship Court Force personnel attend citizenship courts throughout the province as an opportunity to more fully understand the process and impact for im­ migrants of becoming a Canadian citizen. Resource Packages An information package outlin­ ing Human Rights information, multicultural policing, women in policing, etc., has been distributed to each Force detachment. Cahbana Past and future attendance as a recruiting aid. Promotional Boards Commissioner adopted recom­ mendation that at the Constable to Sergeant Board, at least one member be a target group member. Recruitment Film A new recruitment film reflecting the Force’s diversity has been developed. Golden Helmets/Motorcycle Training Systemic barri­ ers removed. Four women to undertake motorcycle training for eventual tryout for Golden Helmets team. this process as a form of reverse discrimina­ tion, but to the unit it is just one part of a multifaceted effort to encourage awareness of multicultural and race relations issues while making the transition from recruit to police of­ ficer a smooth and successful one. “It’s obvious when you make changes, some people will be negative, some people will be emotional,” says Superintendent Caney. “Some people have facts that are really opinions, but there are also creative people who will look at it and say ‘we can do something about this.’ As an organization, we can make the employment equity initiative a success by working in con­ cert with the community” Lynne Sullivan is a Principal with William M. Mercer Limited Multicultural Advertisements Television interviews on Channel 47’s “Upfront” and “South Asian Realities” programs. In addition, multi-language “ads” appeared in over 60 cultural community newspapers. Hire of Additional Recruiters Five new recruiters, each one representing a target group, have been transferred to Staff Services Branch to assist in the hiring of designated people. Ongoing Presentations Internal; conducted by Em­ ployment Equity Unit members to Force recruits, public information officers/coordinators, auxiliary symposium. Feeder System The use of Auxiliary Units, Ontario Government Protective Service special constables and the community college and secondary school placement programs will be used as areas to find and mentor potential designate group recruits. P.M. Caney Superintendent Office of the Commissioner Executive Coordinator Employment Equity Unit PAY EQUITY Timelines Are Being Met in Manitoba by Joanna Plater The Pay Equity Act, passed unanimously by the Manitoba legislature in 1985, established a process and a timetable for introducing pay equity in the public sector, including the Mani­ toba civil service, Crown corporations and 27 external agencies—four universities and 23 of the largest health care facilities. The Act also established the Pay Equity Bureau, which monitors the progress of organi­ zations required by the legislation to impie37 THE EQUAL TIMES ment pay equity and which provides assistance in implementing pay equity programs by offer­ ing information and technical advice to employ­ ers, employees, bargaining agents and any other interested parties. Phasing in Civil Service Adjustments The Act outlined a schedule to be followed by the negotiating parties and timelines to be met. The Manitoba Civil Service Commission began negotiating with its principal union, the Manitoba Government Employees’ Association in October, 1985, and completed Phase I—se­ lection of a job evaluation system and job classes to be included—by the legislated date of June, 1986. Phase II—job evaluation and wage adjustments—was completed and an agree­ ment signed in September, 1987. Wage adjustments began immediately for about 4,900 employees in female-dominated job classes, eight per cent of whom are men work­ ing in traditionally female job classes found to be undervalued. The second year of pay equity wage adjustments is currently underway, the adjustments being phased in over a four-year period at a cost of 3.3 per cent of payroll. The final portion of the adjustments will take effect on September 22, 1990, thereby eliminating that portion of the civil service wage gap attrib­ utable. to gender discrimination in compensa­ tion practices. A New Bargaining Experience Crown corporations, the universities and the health care facilities began negotiating in Octo­ ber, 1986, and completed Phase I by June, 1987. These organizations employ about 37,900 people and reflect a diverse range of organiza­ tional characteristics. In size they range from fewer than 25 employees (Manitoba Mineral Resources, for example) to medium size (93 at St. Boniface College, 208 at Manitoba Data Services) to very large (5,000 at Manitoba Tele­ phone System). For many of these organizations, the pay equity process was their first experience ever of multi-party bargaining. A total of thirty unions and associations participated, some represent­ ing employees in more than one organization. Under the Act, non-unionized workers were also entitled to employee representation. The 23 health care facilities, their nine un­ ions and two non-unionized employee represen­ tatives chose to negotiate pay equity on an in­ 38 dustry-wide basis. At the time of writing, the parties were still negotiating towards a final agreement on wage adjustments. The 20 Crown corporations and four universi­ ties successfully signed their second phase agree­ ments by the legislative date of September 30, 1988, and pay equity wage adjustments, where negotiated, have followed. The Pay Equity Bureau is now reviewing detailed reports submitted by the organizations and will report its findings to the Minister for tabling in the legislature. Will Pay Equity Be Extended in the Public and Private Sectors? Pay equity extension has been under active consideration by the government. Towards de­ ciding on how to proceed, the government felt it needed both an assessment of implementation under existing legislation (now being prepared by the Bureau) and to consult with those out­ side the scope of the Act. The consultation process begun in Novem­ ber, 1988 involved discussions with employer and employee representatives from school divi­ sions, municipalities, outstanding health care facilities and the private sector, as well as women’s organizations—the purpose of which was to look at the issues involved in developing workable implementation models. The parties received a discussion paper, were invited to meet with Bureau staff and were asked to sub­ mit written responses which the Bureau will synthesize and make public later this year. The May 18, 1989 Speech from the Throne indicated that Manitoba will be proceeding with pay equity in the public sector, and in that regard consultations will continue with key parties in school divisions and municipalities. Joanna Plater is a Policy Analyst with Manitoba’s Pay Equity Bureau Sexual Harassment Is Sex Discrimination, Supreme Court Decides The first Canadian case of sexual harassment was decided only in 1980, yet harassment com­ plaints are now routine for tribunals and boards of inquiry. Decisions moved rapidly JUNE 1989 from equating sexual harassment with sex dis­ crimination to defining harassment to drawing limits. Over the years, several superior courts con­ sidered sexual harassment questions and there were significant amendments to the Canada Labour Code and to human rights laws, but only in May did the Supreme Court rule that sexual harassment (and, in a companion case, pregnancy discrimination) constitutes sex dis­ crimination and violates sex equality guaran­ tees in human rights legislation. In the harassment case under consideration [Janzen v. Platy Enterprises Ltd.], a Manitoba board of adjudication had ruled that a cook in a Winnipeg restaurant had harassed two wait­ resses by touching their bodies while they were working and had also made life difficult for the waitress who had refused to allow herself to be touched by withholding orders from the kit­ chen. One woman quit, the other had her em­ ployment terminated. The board awarded dam­ ages and also determined that the employer had a vicarious liability for the cook’s behav­ iour. The Manitoba Court of Appeal overturned the board’s judgement. As reported by Russell Juriansz in the Ottawa Law Review, “Mr. Jus­ tice Huband began the reasons for his judge­ ment by saying: T am amazed to think that sex­ ual harassment has been equated with dis­ crimination on the basis of sex. I think they are entirely different concepts.’... Mr. Justice Twad­ dle was only slightly less equivocal. In his view the question was one of fact. Sex in The Human Rights Act had the sense of 'gender’. He recog­ nized that the gender of a woman was unques­ tionably a factor in sexual harassment in that if she were not a woman the harassment would not have occurred. However, he concluded that if the woman were chosen because of particular characteristics, namely, her attractiveness to the harasser, then it is not sex discrimination. Harassment would be discrimination only where the harasser wished to discourage women generally from seeking or continuing in a position of employment by using harassment, or by a contempt for women generally. If a man harassed only those women he found attractive the effective basis of his actions would be their attractiveness, not their sex.” The Women’s Legal Education and Action Fund [LEAF], in its intervention in the case before the Supreme Court, argued that “the Court must not rely on a definition of sex which is confined to biology. Sexual harassment is a form of sex discrimination which is not related to the biological differences between men and women but rather to the socially constructed ways they interact.” In a unanimous decision awarding damages written by Chief Justice Brian Dickson, the Supreme Court rejected the Manitoba Court of Appeal’s reasoning, saying “it was only female employees who ran the risk of sexual harass­ ment. No man would have been subjected to this treatment.” The Court recognized sexual harassment as the type of practice that human rights legislation was designed to combat and said the employer was legally liable for allow­ ing the harassment and not intervening to put an end to it. Helena Orton, LEAF’S litigation director, called the decisions in both the harassment and pregnancy cases “a significant development in equality jurisprudence....Taken together, the decisions reflect a model of equality that ad­ dresses the biological, social and economic re­ alities of women’s lives. The decisions require that institutions eliminate attitudes and prac­ tices that disadvantage women from enjoying full participation in the labour force and society at large.” New Family Care Benefits a Feature in US Agreement American Telephone and Telegraph Co. and two unions—the Communications Workers of America and the International Brotherhood of Electrical Workers—completed negotiations in May on three-year contracts covering 160,000 workers at the communications giant. A major feature of the agreement is the provision of family-related benefits such as a $5-million fund for childcare, six months leave to care for newborn children or ailing parents and up to $2,000 from the company to help cover the costs of adoption. CWA’s president described the benefits as “an unprecedented break­ through in labour-management relations with respect to family care.” AT&T’s senior vicepresident said the company “realized our people have to balance work and family life if they are really going to make a contribution.” 39 THE EQUAL TIMES Ottawa Urges Companies to Develop AIDS Policies Federal Health Minister Perrin Beatty, shortly after announcing his government’s policy on dealing with AIDS in the civil service, said he would be writing to major employers’ organiza­ tions across the country “to encourage them to ask their members to develop AIDS policies.” He said that in the absence of a clearly stated policy, ad hoc decisions could be taken which might have the effect of discriminating against AIDS sufferers, driving them underground and discouraging testing. He also expressed the hope that Ottawa’s policy will be used as a model. The federal policy states that: employ­ ees with AIDS are not a health risk to others under normal working conditions; employees with the virus must not be harassed in any way; AIDS testing is not a condition of employ­ ment; records containing AIDS-related infor­ mation must be protected in accordance with privacy legislation; and all benefits medical, disability and sick leave) must continue in ac­ cordance with existing collective agreements and policies. Results of AIDS Policy Survey Called Discouraging The Canadian AIDS Society recently released the results of AIDS and the Canadian Business Community, a March survey of 516 company managers in 14 large cities and five non-urban centres across the country. According to a Soci­ ety spokesman, the results show that many employers don’t believe the issue touches them or their companies and that many may not know that AIDS victims are in their work­ places. • About 50% of companies believed their em­ ployees were concerned about AIDS • 28% believed companies have a responsibil­ ity to provide information about AIDS • 1.6% said they had had to deal with an employee with AIDS • 60% said establishing an AIDS policy was not a priority; 24% gave it a low priority Ontario Cabinet Paper Recommends Mandatory Job Equity In a document presented to the Ontario cabinet in December, but leaked to the legislative oppo­ sition only in May, the province’s citizenship ministry said, “There is growing evidence that voluntary employment equity does not work, but regulatory structures do.” The paper rec­ ommends a mandatory system which would al­ low employers to develop their own targets for hiring women, the disabled, natives and visible minorities. The law would apply to the public sector first, followed by private sector firms em­ ploying more than 100 people. Employers would be required to identify policies and prac­ tices hampering the employment of designated groups, put in place policies and programs pro­ moting job equity, set their own hiring goals and report to the appropriate ministry their progress towards achieving them. There has been no indication from the government if and when the report will be acted upon. The Equal Times welcomes readers’ comments and suggestions. Please write to the Publisher at the address below. The Equal Times is published ten times a year by Bedford House Publishing Corporation. It is available for subscription at $185 per year. Subscription Orders Bedford House Publishing Corporation P.O. Box 10, Station F Toronto, Ontario Canada M4Y 2L4 Phone Orders: (416) 963-4300 40 The Equal Times is intended to provide Canadian businesses with useful information and commentary on recent develop­ ments of interest and significance. However, due to its general nature, the contents should not be construed as, or relied upon, as professional advice. Readers should consult their own counsel directly for particular advice.