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In Canada, everyone has the right to work in an environment free of discrimination. However, many 2SLGBTQI people still face harassment, harmful practices, and obstacles when trying to get or keep a job. A large number of 2SLGBTQI individuals experience discrimination and harassment at work, with many leaving their jobs because they don’t feel accepted. As a result, many try to hide or downplay parts of their identity when looking for work.
Workplace discrimination can also hurt mental health, especially for Two Spirit, trans, and nonbinary people in industries that are dominated by cisgender men. Access to mental health care is another challenge, leaving many 2SLGBTQI people without the support they need, which impacts their ability to succeed in the workforce. Older 2SLGBTQI people face additional challenges due to past discrimination and the criminalization of 2SLGBTQI identities, which affects their financial security today.
When they are employed, 2SLGBTQI individuals are often overrepresented in low-paying and unstable jobs, leading to financial insecurity. The COVID-19 pandemic worsened these problems, with 46% of 2SLGBTQI people losing their jobs since March 2020. Many also face unfair layoffs and hiring discrimination, with additional barriers based on heteronormativity and settler-colonialism, further limiting their job opportunities.
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 labour laws protect workers’ rights to organize and prevent employer retaliation, ensuring unions play a crucial role in advocating for job security, equitable labour 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 labour market.
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