Programme d’accès à l’égalité : réactions managériales au cadre légal québécois pour combattre la discrimination

In 1985, the Charter of Human Rights and Freedoms (R.S.Q., ch. C-12) of Québec was amended to include a new section dedicated to Programme d’accès à l’égalité (PAE). This addition was the result of the recognition of a situation of durable inequality in the Quebec job market for members of certain groups, based on prohibited grounds of discrimination. This inequality manifests itself by a phenomenon of occupational segregation, low average incomes and precarious conditions of employment. The goal of the PAE is to correct the situation of discriminated groups. In order to achieve this objective, they allow for the implementation of specific measures for the latter. Several types of PAEs have been set up by successive Québec governments to broaden their scope. Among these different types of PAE, this study focuses on those related to the contractual obligation that require all organizations that employ 100 employees or more that obtain a contract or a grant from the Québec government with a value of $ 100 000 and more, to develop and implement an PAE. This is the main form of PAE affecting private sector organizations. Four target groups are identified in the PAE: women, visible minorities, aboriginal people and persons with disabilities. Of these groups, given its significant growth and the often acute situations of discrimination they face in the Québec labor market, the focus will be on the visible minorities. Very little research has been conducted on the PAE mainly because of a strict obligation of confidentiality of results. The few known studies to date have found very uneven progress among employers: while a few organizations seem to make rapid progress in achieving their goals, the vast majority of them are stagnating or progressing very slowly. This observation led to question the factors other than the legal framework that could explain the level of compliance with the objectives of PAE. Based on a content analysis of semi-structured interviews conducted with the managers responsible for implementing PAE in 31 private organizations in the Montreal region, several factors from the external and internal environments of these organizations have been identified to explain the level of compliance with the qualitative objectives. Among the factors positively associated, we note the commitment of senior management toward the PAE, the establishment of a system of accountability, and the perception of certain benefits associated with the diversification of the workforce. On the other hand, the confusion between equality and equity, a commitment to internal mobility of employees and strong biases of the front-line managers all seem to be negatively related to the achievement of the qualitative objectives. These results demonstrate the importance of taking into account the factors related to the internal environment of organizations in order to understand the process of compliance. This should especially be the case when the legal framework is not very restrictive and when the managers tend to believe that the probability of being sanctioned is low. Based on these results, a series of recommendations are proposed to improve the PAEs but also to improve the understanding of human resource managers on what constitutes discrimination in employment and the most appropriate way to address the issue.

Keyphrases: Programme d’accès à l’égalité, Employment discrimination, Equal Opportunity Programs, Visible Minority, Public Policy, Human Resource Management, Private Organization