Section 6 — Employment Equity Act: Employer not required to take certain measures

The obligation to implement employment equity does not require an employer to take a particular measure to implement employment equity where the taking of that measure would cause undue hardship to the employer; to hire or promote persons who do not meet the essential qualifications for the work to be performed; with respect to the public sector, to hire or promote persons without basing the hiring or promotion on merit in cases where the Public Service Employment Act requires that hiring or promotion be based on merit; or to create new positions in its workforce.