OTTAWA – Initial analysis on the final text of the new North American trade pact Canada signed on Friday is pointing to two changes – one potentially helpful for the auto sector, the other potentially problematic for labour rights.

Sexual orientation, gender identity and labour rights

The original text of the agreement pledged all three countries to support “policies that protect workers against employment discrimination on the basis of sex, including with regard to pregnancy, sexual harassment, sexual orientation, gender identity.”

But the final agreement has a change in language that various analyses suggest will water down its reach: The new wording calls on each country to implement policies each “considers appropriate to protect workers against employment discrimination on the basis of sex.” A footnote on the agreement says American federal hiring policies “are sufficient to fulfil the obligations” on labour rights, and “thus requires no additional action” by the U.S. Some congressional Republicans have already suggested they won’t support the deal with any wording on sexual orientation or gender identity because they feel it goes too far. Critics who supported the original provision feel the new wording doesn’t go far enough.

“Honestly, whatever you think of the LGBTQ provisions in the new NAFTA, this outcome – to include them but nullify them with a footnote – is ridiculous,” tweeted Geoffrey Getz, a fellow at the Washington, D.C.-based Brookings Institution.