In Canada, individuals have the right to a workplace free of discrimination. However, many 2SLGBTQI individuals in Canada continue to experience harassment, harmful practices, and barriers to securing employment. A substantial portion of 2SLGBTQI individuals experience workplace discrimination and harassment, with many leaving their job due to not feeling accepted. These experiences often lead to individuals hiding or minimizing aspects of their identity during job searches.
Workplace discrimination also contributes to negative mental health outcomes, particularly for Two Spirit, trans, and nonbinary individuals in cis-male dominated industries. Accessing mental healthcare comes with its own barriers, leaving many 2SLGBTQI individuals without proper and consistent care and hindering their abilities to contribute to the labour market. Older 2SLGBTQI individuals also face compounded challenges due to historic discrimination and the past criminalization of 2SLGBTQI identities, affecting their current economic security.
When employed, 2SLGBTQI individuals are overrepresented in low-wage and precarious employment, leading to many experiencing economic instability. The COVID-19 pandemic exacerbated inequalities, with 46% of 2SLGBTQI individuals experiencing unemployment since March 2020. Many 2SLGBTQI individuals face unjust layoffs and hiring discrimination compounded by heteronormativity and settler-colonialism, further limiting their employment prospects. Continue reading to further explore how 2SLGBTQI experiences intersect with employment and labour in Canada.
In Canada, individuals have the right to a workplace free of discrimination (Government of Canada, 2024). To protect this right, there are numerous programs and laws in place across the country. Employment and labour laws are designed to protect workers’ rights while ensuring fair and safe working conditions. Employment standards are primarily regulated at the provincial and territorial levels, with each jurisdiction having its own set of laws governing minimum wage, hours of work, overtime pay, vacation entitlements, and workplace safety.
Canadian labour law provides a legal framework that protects workers’ rights to unionize, engage in collective bargaining, and take job action such as strikes. These laws are governed by both federal and provincial legislation, with key statutes including the federal Canadian Labour Code (1985) (Government of Canada, 2022). Key principles of Canadian labour law include the right to unionize as well as protection for workers against unfair labour practices (Government of Canada, 2022). Canadian labor laws protect workers’ rights to organize and prevent employer retaliation, ensuring unions play a crucial role in advocating for job security, equitable labor practices, and workplace safety (Government of Canada, 2022).
The federal government regulates industries under its jurisdiction, such as banking, telecommunications, and transportation (Government of Canada, 2022). Workers are protected from discrimination, harassment, and unfair dismissal through various human rights and employment laws, such as the Canadian Human Rights Act (1985) and the Employment Equity Act (1995).
Additionally, workers’ compensation programs, like the Canada Pension Plan and Employment Insurance, provide financial support to workers in case of injury, illness, or job loss. Overall, these framework aims to balance the needs of both employers and employees to ensure a fair and equitable labor market.
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