The Employment Equity Act applies to jobs that are federally regulated. The legislation requires that employers increase representation among four groups: “women, Aboriginal peoples, persons with disabilities and members of visible minorities.”

In other words, employers are required to give preferential treatment in hiring to anyone who isn’t a white male. The legislation violates Section 15 (1) of the Charter of Rights and Freedoms, the right to “equal protection and equal benefit of the law without discrimination…” Although Section 15 (2) allows for employment equity legislation, it is not always just to discriminate.