The article was published in The Lawyer’s Daily On March 17, 2021

Recognizing the importance of diversity and inclusion is not new. Initially, the goal was to build societies and workplaces free of discrimination. Then organizations discovered that a culture where the opinions and strengths of everyone counts will also augment individual contribution, team collaboration, customer satisfaction, and financial returns.

In this regard, policies and practices have been put in place in different jurisdictions. Here are two examples from the United States and Canada.

In the U.S. the Civil Rights Act of 1964 was created to prohibit organizations, private or public, from discriminatory hiring, promoting and firing on the basis of race, colour, religion, sex or national origin. On June 15, 2020, the U.S Supreme Court ruled that title VII of the 1964 Civil Rights Act also includes sexual orientation and gender identity.

On January 1, 2020, Canada established the diversity disclosure guidelines. These guidelines stipulate that corporations governed by the Canada Business Corporation Act (CBCA) with publicly traded securities are required to disclose to shareholders information about the diversity of their boards of directors, and of senior-management teams. Such information may include: related policies, targets for representation of each diverse group, and number/percentage of people representing each diverse group in those senior positions. The diversity disclosure guidelines say that corporations must “report on the representation of four designated groups, as defined in the Employment Equity Act: women, Indigenous peoples (First Nations, Inuit and Métis), persons with disabilities and members of visible minorities.”

Those two examples are great ways to guide public and/or private organizations, at least indirectly, to embrace and add diversity and inclusion as parts of their overall Human Resources strategy. But is it enough to ensure diversity and inclusion in the workplace? The simple answer is NO. In fact, there are still many instances of workplace discrimination.

For example, a Globe and Mail investigation about gender inequities at work that started in 2018 involved interviews with 25 women (one person identified as non-binary). All filed formal complaints of harassment or discrimination, but many of them had not settled in mediation or had been proved in court at this time. They alleged that they had been discriminated against, based on gender or race, regarding compensation, promotion, becoming pregnant, and going on maternity leave.

So, an organization known to have an exceptional culture of inclusiveness does not merely comply with laws, policies and practices, but uses inclusion as the force that brings diversity to life. It is a workplace where everyone gets involved (not only Leadership and/or HR), everyone is valued and treated fairly, and the bar is raised for all. But how do we create such a workplace? By using critical thinking, leveraging the power of data, and using common sense.

Here is an example of critical thinking about a concern that a client of mine recently had. They wanted to hire a person from a specific race for a specific Director role. I asked why and they said the reason was to bring more diversity into their workplace.

So, while the intention of my client “bringing more diversity” was genuinely good, the way they wanted to go about it was biased. Why? Here are two reasons.

First, nobody should decide what position is better or more appropriate for a specific diverse group/person or not. Also, everyone has the right to be treated fairly and free from discrimination when applying for a job.

Second, in the long term, this approach does not address the “lack” of diversity and inclusion. It only provides temporary relief to the employer with the illusion that diversity and inclusion are present. This means there is still a lot to do.

In other words, the employer should not ask “How can I find a person from a specific demographic group for this role?” Instead, they should ask “How can I ensure my hiring process is free of discriminatory biases, so that we can attract ALL candidates who are interested in the role and our organization?”

There are also other questions the employer might ask. Am I just trying to meet a quota and look good? Do I really want to increase the chances of having a more diverse workforce? What should I do to ensure that everyone who applies for this role is considered and is not “judged by the colour of their skin”, or for that matter, by any other demographic differences? Instead, to cite Martin Luther King, what we should be looking at is the content of their character.

There are also other questions the employer might ask. Am I just trying to meet a quota and look good? Do I really want to increase the chances of having a more diverse workforce? What should I do to ensure that everyone who applies for this role is considered and is not “judged by the colour of their skin”, or for that matter, by any other demographic differences? Instead, to cite Martin Luther King, what we should be looking at is the content of their character.

Answer these questions and act accordingly. Then, step by step, you will build a strong foundation for diversity and inclusion that will prevail in your organization and you will be known as an employer who walks the talk.


Carine Lacroix

Carine Lacroix

Carine Lacroix is founder and CEO of Reneshone, an Oakville-based HR company powered by facts and data which focuses on employee engagement for organizations of 5-3,000 employees.