Skip to Content

Effectively identifying and navigating subtle discrimination: A must-do list for employers

By Lynn Iding, CPHR, CCIP and Sheila Mecking

Interested in understanding the impacts of subtle discrimination on your business? Curious about the latest legal developments in racial discrimination? Looking to explore practical strategies for mitigating bias, recognizing subtle and systemic discrimination, and promoting a more inclusive workplace?

Join Stewart McKelvey Partner Sheila Mecking and Inclusion Strategist Lynn Iding in an upcoming webinar discussing these topics and more on Friday, April 25th at 10 am ADT.

For more information, and to express an interest in attending, email events@stewartmckelvey.com.


In conjunction with the International Day for the Elimination of Racial Discrimination, the New Brunswick Human Rights Commission has issued a new resource for employers – Guideline on Race Discrimination.

The Guideline outlines best practices for employers to understand, identify and effectively remediate instances of racism in its many forms. While the Guideline focuses on racism, much of the content is applicable to discrimination on other grounds as well. 

While many companies are equipped with policies and procedures to identify and remediate overt acts of discrimination, this guideline, along with recent development in case law, highlights the critical importance of being equipped to prevent, identify and remediate the more complex issues of subtle discrimination.

Overt acts of discrimination, such as refusing to hire someone because of their race or gender, are much easier to identify than more subtle forms of discrimination. They are also likely easier to remediate, as many workplace policies are written in contemplation of complaints of overt acts. Other, more subtle forms of discrimination are often more difficult to prevent, identify and remediate. Unfortunately, they are also more common and insidious than overt acts of discrimination.

Having an anti-discrimination policy and training management and staff on its application is only a baseline starting point. To effectively identify and navigate subtle discrimination, it is important that employers do the following:

  • Ensure that all members of the organization are thoroughly trained on unconscious bias and cross-cultural competence. Ensure that members of the organization fully understand the dynamics around microaggressions. Such training should be applied to recruitment, performance management and all other core people management functions.
  • Ensure that people management processes are cross-culturally sound and are set up to prevent and mitigate bias. Note that positive intentions and one-time training sessions are not sufficient.
  • Review policies, practices and workplace cultures to detect possible structural bias issues.
  • When an individual alleges discrimination, ensure a proper investigation is completed. In the context of racial discrimination, it is important that the investigator be equipped with the right competencies to properly assess those complaints.

This client update is provided for general information only and does not constitute legal advice. If you have any questions about the above, please contact a member of our Labour & Employment Group.

Click here to subscribe to Stewart McKelvey Thought Leadership. 

Archive

Early court decisions on generative AI: What Canadian businesses need to know

BY Matthew N. Craig

Matthew N. Craig and Sam Schonfeld Regardless of which industry you are a part of, you have likely noticed the adoption of generative artificial intelligence (“GenAI”) all around you. Increasingly,…

Read More

Government of Canada introduces Protecting Privacy and Consumer Data Act

Sarah Dever Letson, CIPP/C, Maria Cummings, and Keeley A. Hussey On June 15, 2026, Bill C-36, An Act to enact the Protecting Privacy and Consumer Data Act, to amend the…

Read More

PEI’s new Employment Standards Act is now in force: What employers need to do now

Murray L. Murphy, K.C., CPHR and Jacob E. Zelman In our earlier update issued in March 2025 (At a glance: Key changes coming to Prince Edward Island’s Employment Standards Act), we flagged…

Read More

More health profession migrations: An update on Nova Scotia’s Regulated Health Professions Act

BY Tyana R. Caplan & Jennifer Taylor

By Tyana Caplan & Jennifer Taylor The midpoint of 2026 provides a timely opportunity to review which health professions in Nova Scotia have now migrated to the Regulated Health Professions…

Read More

A reason to reconsider probate planning in New Brunswick

By Christopher Marr, TEP, Partner with assistance from Brady McKinley, student-at-law Significant increase to New Brunswick probate tax and fees Effective as of June 12, 2026, probate fees and taxes have significantly increased…

Read More

Coverage – Policy Interpretation – Causation

BY Tipper McEwan

By Tipper McEwan In Green Rise Foods Inc. v. N.V. Hagelunie, 2026 ONCA 334 (CanLII),the Court of Appeal for Ontario considered a case involving a series of potential causes for…

Read More

Back to the office? Not without notice: BC Court of Appeal confirms work-from-home can be a binding term of employment

BY Sacha Morisset, K.C.

By Sacha D. Morisset, K.C. The British Columbia Court of Appeal has upheld a finding of constructive dismissal against a Vancouver real estate developer that directed a longtime remote employee…

Read More

The In-Canada Workers Initiative: Hope and Disappointment

By Brittany Trafford and Brendan Sheridan On May 4, 2026, Canada’s Minister of Immigration, Refugees and Citizenship announced further details on the federal government’s one-time initiative to accelerate permanent residence…

Read More

DeVenne v. DeVenne (Part III): Liability and Remedies

BY Tipper McEwan

By Tipper McEwan In Part One of this three-part series on a recent case involving a power of attorney lawsuit in Nova Scotia, DeVenne v. DeVenne, 2026 NSSC 61 (CanLII),…

Read More

DeVenne v. DeVenne (Part II): Breach of Duty

BY Tipper McEwan

By Tipper McEwan This is Part Two of a series discussing a recent case, DeVenne v. DeVenne, 2026 NSSC 61 (CanLII), involving a power of attorney lawsuit in Nova Scotia….

Read More

Search Archive