In a recent job posting for a Canada Research Chair, applications are restricted to those who identify as members ‘of a racialized minority’
Restrictions listed on recent postings for Canada Research Chair positions have surprised some people. It’s not that someone with a biology degree might be barred from applying to teach South American history, or that an engineer might not be eligible for a position teaching English literature, but rather that skin colour and gender identity have been limiting factors.
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In two recent job postings for Canada Research Chairs in computer science at the University of Waterloo, applications are restricted for those who identify as “women, transgender, gender-fluid, non-binary, or Two-spirit” in the first case, and to members “of a racialized minority” for the second.
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In the past, these sorts of job postings have led to controversy, with some claiming they’re examples of “reverse racism” or that they show the end of hiring based on merit and education, in favour of immutable characteristics.
But, it turns out this sort of hiring is normal for Canada Research Chairs. Actually, it’s normal for a variety of industries for various reasons.
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From Hooters to banks to airlines, here’s why Canada has long allowed employers to hire based on gender and race.
The big one is the Employment Equity Act of 1987, brought in by then Progressive Conservative prime minister Brian Mulroney.
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It identified four equity-seeking groups: visible minorities, Indigenous people, women and those with disabilities. The act requires federally regulated industries — the public service, banks and airlines, for example — to target these groups to get better representation within the workforce.
The federal government also has the Federal Contractors’ Program, created by a Mulroney government cabinet order in 1986. This obliges businesses with more than 100 employees doing business worth $1 million with the federal government to work towards more equitable hiring.
No, they don’t. It is only businesses under federal equity programs that are required to have equity targets.
“You don’t have to close any gaps,” said Eddy Ng, the the Smith Professor of Equity and Inclusion in Business at Queen’s University.
“But you may not discriminate.”
Provincial human rights codes vary by province, but they all prevent discrimination in hiring based upon various characteristics, such as sex or race.
However, businesses may choose to have diversity targets or hire to improve the composition of a company. Legally speaking, this would not be considered discrimination.
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These vary province by province, but they typically say something like this, which is what Alberta’s Human Rights Act says: “No employer shall … discriminate against any person with regard to employment or any term or condition of employment, because of the race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation of that person or of any other person.”
There are.
There’s something called a bona fide occupational requirement that is, essentially, an exception to human rights code rules.
“The bona fide occupational requirement allows you to legally overwrite human rights considerations,” said Ng.
Take, for example, a restaurant that hires only conventionally attractive women as waitresses: this would screen out men, perhaps no matter how attractive they are. But this could be a bona fide occupational requirement if the entire business model requires a certain sort of employee.
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Another example would be a mandatory retirement age of 65 for airline pilots that discriminates against seniors or an airline that insists pilots have good vision.
But, a business can’t just be willy-nilly about this. The Supreme Court of Canada has a three-step test to determine whether these are legitimate restrictions. An employer would need to prove that the purpose of the requirement is “rationally connected to performing the job,” that it was “adopted in good faith, in the belief that it is necessary to fulfill a legitimate work-related purpose” and that the “standard is reasonably necessary” to fulfill that purpose.
Sort of. Technically, a business might get away with hiring only men or only women or only people of a certain race, at least until someone complains to a human rights tribunal about it.
“It’s complaint based,” said Ng.
So, if there was a complaint made to a provincial human rights body about these hiring practices, the business could get in trouble for its hiring practices.
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This is allowed.
“It’s the basic acceptance for affirmative action as a way of combating discrimination,” said Eric Adams, a law professor at the University of Alberta.
This basically tracks what the Charter of Rights and Freedoms says. Section 15 prohibits discrimination on various grounds, but Section 15(2), ” immediately after that … exempts affirmative action programs from a claim of discrimination,” said Adams.
“‘No blacks, no women’s need apply,’ is always going to be found to run contrary to the prohibition on discrimination in the human rights code, but seeking to diversify the workforce because of an under representation of individuals, within your setting, it’s going to come under the exemptions for taking active steps to combat discrimination through targeted hires,” said Adams.
Certainly, if they’re an employer covered by the federal equity rules. It’s a bit stickier at the provincial level.
Ng said that a posting that, say, says only women will be hired for a position would violate provincial human rights codes, unless there’s a bona fide occupational requirement that only women can do the job.
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Still, a posting could be open to everyone, even if there’s the internal understanding at the company that this job is, in fact, only going to go to a woman.
But not everyone agrees on what exactly the rules are. Adams said his read is “that you can be explicit in your advertising” when it comes to hiring to improve workplace diversity.
For example, the Alberta Human Rights Act prohibits “any advertisement in connection with employment or prospective employment or make any written or oral inquiry of an applicant that expresses either directly or indirectly any limitation, specification or preference indicating discrimination on the basis of the race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation of that person or of any other person.”
Seems pretty clear, right?
Well, not really. Because a little later, the act says “it is not a contravention of this Act to plan, advertise, adopt or implement a policy, program or activity that has as its objective the amelioration of the conditions of disadvantaged persons or classes of disadvantaged persons.”
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Ng said the basic rule is this: A job ad cannot exclude any person or group unless it’s under the federal equity rules, but the posting can say preference will be given to underrepresented groups to advance diversity goals.
There are 2,285 Canada Research Chair positions across the country. They’re prestigious jobs, funded by the federal government.
In 2017, the Tri-agency Institutional Programs Secretariat, which administers the Canada Research Chair program, adopted diversity requirements because the positions weren’t especially diverse.
By December 2029, women and gender minorities must make up 50.9 per cent of all Canada Research Chairs across the entire program. Twenty-two per cent must be visible minorities; 7.5 per cent must be people with disabilities and 4.9 per cent must be Indigenous.
These statistics correspond roughly to population statistics.
As of September 2023, 47.8 per cent of positions were held by women and gender minorities, 28.6 per cent by racial minorities, seven per cent by people with disabilities and 4.1 per cent by Indigenous scholars.
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The program as a whole has diversity targets, but individual institutions also set their own diversity targets. If individual institutions don’t meet diversity requirements by the deadlines, they’re obliged to only hire from the four designated groups until that gap is closed.
Three deadlines to address underrepresentation — the next two being in December 2025 and December 2029 — were adopted in response to human-rights complaints that white men were overrepresented in the positions.
In the university setting, many critics argue that hiring should be based exclusively on merit — the best person for the job.
David Millard Haskell, a professor in the faculty of liberal arts at Laurier University, has argued that Canada has “embraced this false notion that discrimination can be good and it simply cannot.”
“In general when immutable characteristics become the bar by which someone is offered a job, well, of course, you’re going to have people who are not as qualified,” Haskell told National Post in 2022. “And, the thing that concerns me is … it’s suggesting that they could not make it on their own merit. This is the height of racism. This is an incredibly racist policy, to say that someone who was a person of colour could not compete on their own competency and merit.”
Others, such as economists Cristina Echevarria and Mobinul Huq, argued in 2001 that the way diversity hiring has worked in Canada until that point has largely focused on getting women into male-dominated workforces and has done little to get men into more traditionally female-dominated workplaces.
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Montreal Alouettes wide receiver Tyson Philpot has announced he will be out for the rest of the CFL season.
The Delta, B.C., native posted the news on his Instagram page Thursday.
“To Be Continued. Shoutout my team, the fans of the CFL and the whole city of Montreal! I can’t wait to be back healthy and write this next chapter in 2025,” the statement read.
Philpot, 24, injured his foot in a 33-23 win over the Hamilton Tiger-Cats on Aug. 10 and was placed on the six-game injured list the next week.
The six-foot-one, 195-pound receiver had 58 receptions, 779 yards and five touchdowns in nine games for the league-leading Alouettes in his third season.
Philpot scored the game-winning touchdown in Montreal’s Grey Cup win last season to punctuate a six-reception, 63-yard performance.
This report by The Canadian Press was first published Sept. 12, 2024.
The Canadian Press. All rights reserved.
MIAMI GARDENS, Fla. (AP) — Miami Dolphins quarterback Tua Tagovailoa sustained a concussion for the third time in his NFL career, leaving his team’s game Thursday night against Buffalo after running into defensive back Damar Hamlin and hitting the back of his head against the turf.
Tagovailoa remained down for about two minutes before getting to his feet and walking to the sideline after the play in the third quarter. He made his way to the tunnel not long afterward, looking into the stands before smiling and departing toward the locker room.
The Dolphins needed almost no time before announcing it was a concussion. The team said he had two during the 2022 season, and Tagovailoa was diagnosed with another concussion when he was a college player at Alabama.
Dolphins coach Mike McDaniel said Tagovailoa would get “proper procedural evaluation” and “appropriate care” on Friday.
“The furthest thing from my mind is, ‘What is the timeline?’ We just need to evaluate and just worry about my teammate, like the rest of the guys are,” McDaniel said. “We’ll get more information tomorrow and take it day by day from here.”
Some players saw Tagovailoa in the locker room after the game and said they were encouraged. Tagovailoa spoke with some players and then went home after the game, McDaniel said.
“I have a lot of love for Tua, built a great relationship with him,” said quarterback Skylar Thompson, who replaced Tagovailoa after the injury. “You care about the person more than the player and everybody in the organization would say the same thing. Just really praying for Tua and hopefully everything will come out all right.”
Tagovailoa signed a four-year, $212 million extension before this season — a deal that makes him one of the highest-paid players in the NFL — and was the NFL’s leading passer in Week 1 this season. Tagovailoa left with the Dolphins trailing 31-10, and that was the final score.
“If you know Tua outside of football, you can’t help but feel for him,” Bills quarterback Josh Allen said on Amazon following the game. “He’s a great football player but he’s an even greater human being. He’s one of the best humans on the planet. I’ve got a lot of love for him and I’m just praying for him and his family, hoping everything’s OK. But it’s tough, man. This game of football that we play, it’s got its highs and it’s got its lows — and this is one of the lows.”
Tagovailoa’s college years and first three NFL seasons were marred by injury, though he positioned himself for a big pay bump with an injury-free and productive 2023 as he led the Dolphins into the playoffs. He threw for 29 touchdowns and a league-best 4,624 yards last year.
When, or if, he can come back this season is anyone’s guess. Tagovailoa said in April 2023 that the concussions he had in the 2022 season left him contemplating his playing future. “I think I considered it for a time,” he said then, when asked if he considered stepping away from the game to protect himself.
McDaniel said it’s not his place to say if Tagovailoa should return to football. “He’ll be evaluated and we’ll have conversations and progress as appropriate,” McDaniel said.
Tagovailoa was hurt Thursday on a fourth-down keeper with about 4:30 left in the third. He went straight ahead into Hamlin and did not slide, leading with his right shoulder instead.
Hamlin was the player who suffered a cardiac arrest after making a tackle during a Monday night game in January 2023 at Cincinnati, causing the NFL to suspend a pivotal game that quickly lost significance in the aftermath of a scary scene that unfolded in front of a national television audience.
Tagovailoa wound up on his back, both his hands in the air and Bills players immediately pointed at him as if to suggest there was an injury. Dolphins center Aaron Brewer quickly did the same, waving to the sideline.
Tagovailoa appeared to be making a fist with his right hand as he lay on the ground. It was movement consistent with something that is referred to as the “fencing response,” which can be common after a traumatic brain injury.
Tagovailoa eventually got to his feet. McDaniel grabbed the side of his quarterback’s head and gave him a kiss on the cheek as Tagovailoa departed. Thompson came into the game to take Tagovailoa’s spot.
“I love Tua on and off the football field,” Bills edge Von Miller said. “I’m a huge fan of him. I can empathize and sympathize with him because I’ve been there. I wish him the best.”
Tagovailoa’s history with concussions — and how he has since worked to avoid them — is a huge part of the story of his career, and now comes to the forefront once again.
He had at least two concussions during the 2022 season. He was hurt in a Week 3 game against Buffalo and cleared concussion protocol, though he appeared disoriented on that play but returned to the game.
The NFL later changed its concussion protocol to mandate that if a player shows possible concussion symptoms — including a lack of balance or stability — he must sit out the rest of the game.
Less than a week later, in a Thursday night game at Cincinnati, Tagovailoa was concussed on a scary hit that briefly knocked him unconscious and led to him being taken off the field on a stretcher.
His second known concussion of that season came in a December game against Green Bay, and he didn’t play for the rest of the 2022 season. After that, Tagovailoa began studying ways where he may be able to fall more safely and protect himself against further injury — including studying jiu-jitsu.
“I’m not worried about anything that’s out of my hands,” McDaniel said. “I’m just worried about the human being.”
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AP NFL:
NEW YORK (AP) — When her husband turns on the television to hear news about the upcoming presidential election, that’s often a signal for Lori Johnson Malveaux to leave the room.
It can get to be too much. Often, she’ll go to a TV in another room to watch a movie on the Hallmark Channel or BET. She craves something comforting and entertaining. And in that, she has company.
While about half of Americans say they are following political news “extremely” or “very” closely, about 6 in 10 say they need to limit how much information they consume about the government and politics to avoid feeling overloaded or fatigued, according to a new survey from the Associated Press-NORC Center for Public Affairs Research and USAFacts.
Make no mistake: Malveaux plans to vote. She always does. “I just get to the point where I don’t want to hear the rhetoric,” she said.
The 54-year-old Democrat said she’s most bothered when she hears people on the news telling her that something she saw with her own eyes — like the Jan. 6, 2021, attack on the U.S. Capitol — didn’t really happen.
“I feel like I’m being gaslit. That’s the way to put it,” she said.
Sometimes it feels like ‘a bombardment’
Caleb Pack, 23, a Republican from Ardmore, Oklahoma, who works in IT, tries to keep informed through the news feeds on his phone, which is stocked with a variety of sources, including CNN, Fox News, The Wall Street Journal and The Associated Press.
Yet sometimes, Pack says, it seems like a bombardment.
“It’s good to know what’s going on, but both sides are pulling a little bit extreme,” he said. “It just feels like it’s a conversation piece everywhere, and it’s hard to escape it.”
Media fatigue isn’t a new phenomenon. A Pew Research Center survey conducted in late 2019 found roughly two in three Americans felt worn out by the amount of news there is, about the same as in a poll taken in early 2018. During the 2016 presidential campaign, about 6 in 10 people felt overloaded by campaign news.
But it can be particularly acute with news related to politics. The AP-NORC/USAFacts poll found that half of Americans feel a need to limit their consumption of information related to crime or overseas conflicts, while only about 4 in 10 are limiting news about the economy and jobs.
It’s easy to understand, with television outlets like CNN, Fox News Channel and MSNBC full of political talk and a wide array of political news online, sometimes complicated by disinformation.
“There’s a glut of information,” said Richard Coffin, director of research and advocacy for USAFacts, “and people are having a hard time figuring out what is true or not.”
Women are more likely to feel they need to limit media
In the AP-NORC poll, about 6 in 10 men said they follow news about elections and politics at least “very” closely, compared to about half of women. For all types of news, not just politics, women are more likely than men to report the need to limit their media consumption, the survey found.
White adults are also more likely than Black or Hispanic adults to say they need to limit media consumption on politics, the poll found.
Kaleb Aravzo, 19, a Democrat, gets a baseline of news by listening to National Public Radio in the morning at home in Logan, Utah. Too much politics, particularly when he’s on social media sites like TikTok and Instagram, can trigger anxiety and depression.
“If it pops up on my page when I’m on social media,” he said, “I’ll just scroll past it.”
___
Sanders reported from Washington. David Bauder writes about media for the AP. Follow him at http://x.com/dbauder.
The AP poll of 1,019 adults was conducted July 29-August 8, 2024, using a sample drawn from NORC’s probability-based AmeriSpeak Panel, which is designed to be representative of the U.S. population. The margin of sampling error for all respondents is plus or minus 4.0 percentage points.
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