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2 Canadian Lab. L.J. 1 (1994)

handle is hein.journals/canlemj2 and id is 1 raw text is: UNDERSTANDING THE CONCEPT OF EMPLOYMENT EQUITY: MYTHS AND MISCONCEPTIONS M. David Lepofsky* Exposing the myths and misconceptions about employment equity is David Lepofsky's objective in the paper that follows. Lepofsky begins by explaining what employment equity actually is and how the concept came about. A brief description of statutorily mandated employment equity programs follows. The author then deals with three key employment equity myths and misconceptions. Myth number one is that employment equity requires affirmative action programs as are commonly found in the United States. Myth number two is that employment equity undermines the merit principle Myth number three is that employment equity creates reverse discrimination In each case Lepofsky debunks the received wisdom and provides a cogent and principled defence in support of employment equity legislation and programs. Lepofsky also considers a number of other issues including employment equity and the specific needs of different target groups, the relationship of employment equity to pay equity, human rights and the duty to accommodate persons with disabilities, and the role of workers and unions in employment equity programs. The author concludes that employment equity should be seen as a transitory program, and once designated groups are more equitably represented in the workplace, the need for such programs will diminish or disappear INTRODUCTION The attention of members of the general public, governments, employers and job-seekers is now increasingly focused upon the topic of employment equity. Since this concept was first introduced in Canada in the mid-1980s, a growing number of government agencies and businesses have taken steps to implement employment equity policies and programs in the workplace. * Mr. Lepofsky is counsel with the Constitutional Law and Policy Division of the Ministry of the Attorney General for Ontario. This article is written in the author's personal capacity, and does not purport to represent the views of Ontario's Attorney General or the Ministry.

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