Section 8 — Employment Equity Act: Certain rights not employment barriers

Employee seniority rights with respect to a layoff or recall under a collective agreement or pursuant to the established practices of an employer are deemed not to be employment barriers within the meaning of this Act. Unless they are found to constitute a discriminatory practice under the Canadian Human Rights Act , employee seniority rights other than those referred to in subsection (1), including rights acquired under workforce adjustment policies implemented when an employer is downsizing or restructuring, under a collective agreement or pursuant to an established practice, are deemed not to be employment barriers within the meaning of this Act. Notwithstanding subsections (1) and (2), where, after a review under paragraph 9(1)(b), it appears that a right referred to in either of those subsections that is provided for under a collective agreement may have an adverse impact on the employment opportunities of persons in designated groups, the employer and its employees’ representatives shall consult with each other concerning measures that may be taken to minimize the adverse impact. The following are not, in relation to the public sector, employment barriers within the meaning of the Act, namely, priorities for appointment under the Public Service Employment Act or regulations made by the Public Service Commission; and workforce adjustment measures established by the Treasury Board, including measures set out in agreements relating to workforce adjustment, or by the Public Service Commission or any other portion of the public sector referred to in paragraphs 4(1)(c) and (d).