Legal Obligations Underpin Equity, Diversity, Inclusion and Accessibility
At the Nova Scotia Human Rights Commission, we embrace the Akan word “Sankofa” from the people of Ghana which translates to mean “go back and get it,” encouraging us to look at our past to inform our future. As we commemorate African Heritage Month (February) and the United Nations’ International Day for the Elimination of Racial Discrimination (March 21), I invite you to consider the moment we are in within the context of human rights.
The Human Rights Commission administers the province’s Human Rights Act through a dual mandate: to protect human rights using a dispute resolution process, and to promote and advance human rights through education and engagement. The former is the direct result of the advocacy, activism and leadership of African Nova Scotians who fought to have their rights, and the rights of others protected by law. The latter – the mandate to raise awareness and understanding of human rights – is the result of the Donald Marshall Jr. Inquiry, and the assertion that to prevent acts of discrimination, Nova Scotians must understand that all people are equal in dignity and rights.
The Nova Scotia Human Rights Act is part of a system of laws created to prevent discrimination and protect individuals from differential treatment based on aspects of their personhood: their race or colour, sex, gender identity, ability, ethnic or national origin, to name a few. We have human rights to thank for creating the conditions for our multicultural, diverse and vibrant society, and for removing barriers to greater inclusion.
Business owners and entrepreneurs are a vital part of the community positioned to profoundly influence well-being, quality of life and human rights for all Nova Scotians. We need only look at the story of Viola Desmond, a successful businesswoman who owned the Desmond School of Beauty Culture, and in 1946 while waiting for her car to be repaired in New Glasgow, decided to watch a movie at the then racially segregated Roseland Theatre.
Employers, educators, governments and other organizations have, in large part, over the last half-century come to recognize the need to foster inclusion and prevent differential treatment. In many cases this came as the result of legal challenges. What began as Diversity and Inclusion (DI), and then Equity (DEI), later Accessibility (EDIA), and in some more progressive spaces, Reconciliation (EDIRA), has resulted in meaningful change.
Successful businesses know that a commitment to diversity will enhance their ability to attract and retain talent, foster innovation, improve customer relations, expand into new markets, and meet legal and social responsibilities. They know that this holistic approach will contribute to greater productivity and profit. However, some large organizations are signalling they are moving away from EDIA commitments. Some herald this as a victory over “woke-ism”, sentiments we can see echoing within other areas of society. However, a turn away from EDIA commitments does not mean our human rights obligations go away. Human rights are enshrined in legislation and carry the weight of quasi-constitutional law.
Education, policies, and inclusive workplace practices are tools to help ensure individuals’ personal characteristics do not cause them to experience differential treatment, discrimination or harassment. These tools help to address structural and attitudinal barriers and outdated notions of anyone being lesser than, or not entitled to something because of who they are. Regardless the tools used, for employers, creating workplaces where all employees are treated fairly is not just good for business – it is the law.
Joseph Fraser is the Director and CEO of the Nova Scotia Human Rights Commission. The preceding article also appears in the FEbruary/March issue of Business. Voice.