Table des matières · Implementing Employment Equity in Your Workplace Step 2-2 - Conducting an Employment Systems Review September 2012 Page 3 of 57 Introduction The main goal of

Implementing Employment Equity in Your Workplace Step 2-2 - Conducting an Employment Systems Review

September 2012 Page 1 of 57

Achieving and Sustaining Employment Equity: A Five-Step Process

Step 2-2 Conducting an

Employment Systems Review



Table of Contents

Introduction ................................................................................................................... 3 Communication, Consultation/Collaboration and Record Keeping for Step 2-2 ........... 4 References Documents for Step 2-2 ............................................................................ 5

TASK A: Establish an Employment Systems Review Methodology ......................... 6 Official Responsible for the Employment Systems Review .......................................... 6 Communication Strategy .............................................................................................. 7 Regulatory Requirement ............................................................................................... 8 Exercise for Task A .................................................................................................... 10

Task B: Review the Results of All Analysis Conducted .......................................... 12 Review of Workforce Analysis Data............................................................................ 12 Review of the Flow Data Analysis .............................................................................. 13 Review of Clustering Analysis .................................................................................... 14 Exercise for Task B .................................................................................................... 15

Task C: Identify All Relevant Policies and Practices ............................................... 18 Formal Policies and Practices .................................................................................... 18 Informal Policies and Practices .................................................................................. 19 Recording Policies and Practices ............................................................................... 22

Task D: Review Employment Systems to Identify Adverse Impact ........................ 23 Definitions ................................................................................................................... 23

Barriers .................................................................................................................... 23 Discrimination .......................................................................................................... 25 Attitudes ................................................................................................................... 26 Corporate Culture .................................................................................................... 27

Analyzing Policies and Practices ................................................................................ 29 Diagnostic tool ......................................................................................................... 29 Adverse Impact ........................................................................................................ 31 Legality .................................................................................................................... 32 Consistency ............................................................................................................. 33 Validity ..................................................................................................................... 34 Accommodative Nature ........................................................................................... 35

Recording Barriers...................................................................................................... 36 Exercise for Task D .................................................................................................... 37

Task E: Develop Recommendations to Eliminate Barriers ...................................... 39 Examples of Barriers and Recommendations ............................................................ 39 Exercise for Task E .................................................................................................... 41

Task F: Design a Process for Reviewing New Policies and Practices ................... 43 Process for Reviewing New Policies and Practices .................................................... 43 Exercise for Task E .................................................................................................... 44

Task G: Prepare an Employment Systems Review Summary Report .................... 46

Test your knowledge of step 2-2 ................................................................................ 48



Introduction

The main goal of the employment systems review is to provide a reasonable explanation for any major gaps in representation revealed by the workforce analysis. This review will form the basis for developing your employment equity action plan. The purpose of an employment systems review is five-fold:

1. to identify all your human resources systems, policies and practices; 2. to analyze these systems, policies and practices to determine how they may

have a different impact on designated group members compared to those who are not members of a designated group;

3. to identify which of these systems, policies and practices create barriers; 4. to provide a basis for corrective action to remove barriers; and 5. to assess the potential for reasonable accommodation to overcome valid barriers

(i.e., barriers that exist because of a bona fide occupational requirement and are consistent with human rights legislation).

After completing the employment systems review in Step 2-2, you will have accomplished the following:

• identified all human resources systems, policies and practices, both formal and informal, within your organization;

• assessed each of these systems, policies and practices to determine whether they negatively affect members of a designated group for which gaps in representation were identified and, if so, assessed each one against a set of factors to identify barriers;

• determined whether any of these barriers are valid requirements and, if they are, what accommodations may be possible to mitigate any negative effects;

• considered and potentially made recommendations for removing barriers, complete with timeframes for their removal, and assigned a manager to be responsible for this;

• designed a process for reviewing new policies and practices in the future; and • written a summary report of your employment systems review that will guide the

creation of your employment equity plan. If you have questions regarding these tasks, send an e-mail to: [email protected] If your question relates to WEIMS, send an email to: [email protected]

mailto:[email protected]





Communication, Consultation/Collaboration and Record Keeping for Step 2-2

As in previous steps of the implementation process, a continued focus on communication, consultation/collaboration and record keeping is crucial to a successful employment systems review. These elements reinforce your organization's commitments and provide for greater transparency and accountability.

Communication Consultation/ Collaboration

Record Keeping

Regularly communicating with employees, managers, employee representatives and bargaining agents fosters an environment of understanding, commitment and support that will contribute to the success of your organization's employment systems review.

At a minimum, a communication is required at the beginning of the review to announce its initiation and at the end to announce its results.

Consultations held during your employment systems review will help you identify policies, practices and attitudes that are creating barriers and their effects on applicants and employees who are members of designated groups.

You are encouraged to conduct informal interviews, surveys or focus groups to improve your understanding of how workplace policies and practices have an impact on those involved in your workforce.

Appropriate record keeping of the steps your organization has taken to conduct an employment systems review is also important. Keeping electronic or hard-copy records of the process will allow your organization to revisit its employment systems review for potential errors and may be used as evidence of correct procedure during a compliance audit.



References Documents for Step 2-2

The following reference documents are attached to this document: Announcing the Employment Systems Review AnnouncingEmploymentSystemsReview.pdf

Employment Systems Review Results and Employment Equity Plan Table

EmploymentSystemsReviewResultsEmployment EquityPlan.pdf

Policies and Practices Control List PoliciesPracticesControlList.pdf

Employment Systems Review Policies and Practices Diagnostic Tool

DiagnosticTool.pdf

Obstacles Frequently Found and Recommendations ObstaclesFrequentlyFound.pdf

Employment Systems Review Summary Report EmploymentSystemsReviewSummaryReport.pdf

Communicating the Results of the Employment Systems Review

CommunicatingResultsEmploymentSystemsReview.pdf

Checklist for Step 2-2 ChecklistStep2-2.pdf

Example of the Qualitative Analysis Section of an Employment Equity Plan

ExampleQualitativeSectionEEP.pdf

If you do not see the attachments in the left menu when you open the .pdf document, you can display them by following these instructions:

1. Click on “View” 2. Click on “Show/Hide” 3. Click on “Navigation panes” 4. Click on “Attachments”



TASK A: Establish an Employment Systems Review Methodology

Official Responsible for the Employment Systems Review

The employment systems review cannot be conducted by a single person. The review must be led by a human resources official with extensive knowledge of your employment systems. This official could be supported by:

• an employment equity committee or subcommittee; • an employment systems review task force; • a private consultant; or • another configuration of your choice.

However your organization chooses to proceed in conducting its employment systems review, it is extremely important to ensure that employees, managers, employee representatives and bargaining agents always have ample opportunity to be involved in the process. People who work in different areas within your workforce may be able to alert you to differences in the way informal and formal policies, practices and attitudes have an adverse impact on the four designated groups. Note! If you choose to hire an external consultant or consulting firm, make sure that this individual or firm know the requirements that will be assessed during a compliance audit.



Communication Strategy

Communicating with employees, management, employee representatives and bargaining agents contributes to their understanding and their participation in the employment systems review process. Keeping people informed of the status and results of the review can lessen concerns and reduce misconceptions related to employment equity. Good communication will also benefit your organization by improving the overall functioning of your human resources in the long term. Your first employment systems review communication will lay the groundwork for the employment systems review process. This communication must be distributed to all employees, managers, employee representatives and bargaining agents. The way your organization proceeds in establishing communication depends on its size and nature. You may wish to distribute your communication using internal mail, letters, posters, email or your intranet site. Whatever format you choose, your communication must:

• explain what an employment systems review is; • explain how it will benefit the organization and its employees; • describe the employment systems review methodology; • name the individuals involved in the process and describe how others may

participate; • describe how information is collected and how it will be used; • give assurance of confidentiality for all information collected; • express the commitment of senior managers and union(s); • specify when the results of the employment systems review may be expected

and how they will be used in the employment equity plan; and • give assurance that existing and new policies and practices will be continuously

monitored and evaluated. For an example of an effective communication, consult “Announcing the Employment Systems Review” in the reference documents.



Regulatory Requirement

Regulatory Requirement on Employment Systems Review Pursuant to paragraph 9(1)(b) of the EEA, every employer must: "…conduct a review of the employer's employment systems, policies and practices, in accordance with the regulations, in order to identify employment barriers against persons in designated groups that result from those systems, policies and practices." Paragraph 5(a) of the EEA and sections 8 and 9 of the Employment Equity Regulations also apply. The following criteria are used to determine whether you have met the requirement: The organization conducted an employment systems review for each of the

designated groups or occupational groups when the workforce analysis revealed a major gap.

For each of the EEOGs in which the workforce analysis revealed a major gap (and, where possible, for the overall workforce), the organization determined all formal and informal policies and practices pertaining to each of the following systems:

recruitment; selection and hiring; training and development; promotion; retention and termination; and accommodations.

The organization also identified attitudes and elements related to the organizational

culture insofar as they correspond to EACH of these systems and the overall work environment.

As part of the employment systems review, the organization assessed each policy and practice described based on the following five factors:

adverse effects on members of designated groups; legality; consistency; validity; and accommodating nature.

When the clustering analysis reveals that clustering is present, the organization adds

to the review an assessment intended to determine the reasons for the clustering. When a clustering analysis has been conducted, the results may be used to guide the employment systems review.



The organization identified the barriers that constitute a reasonable basis for each of the major gaps.

The organization has a mechanism for reviewing new employment systems, policies

and practices to determine whether they adversely affect members of designated groups.

The organization prepared an employment systems review summary report. Reflection: Do you meet these criteria? If you do, you may now proceed to Task B: Review the Results of Your Workforce Analysis.



Exercise for Task A

The following three questions concern the establishment of an employment systems review methodology. Confirm your understanding by clicking on the correct answer. Scenario 1 You have a small organization with 150 non-unionized employees, and some employees who are members of designated groups. There is no employment equity committee. Your human resources director is planning to start your organization's employment systems review. To do this, the director is wondering how to proceed. Who, in your opinion, should conduct the employment systems review?

a. The human resources director, in consultation with employee representatives. b. An external consultant, in consultation with employee representatives and

designated employees. c. The human resources director, in consultation with designated group

employees.

Feedback In the case of small organizations, the person in charge or the main representative of employment equity can lead the employment systems review in consultation with designated group employees. These employees can contribute by sharing information about how employment systems are applied in your organization and by identifying potential barriers based on their experience when they were hired, promoted, etc.

Scenario 2 You have a large organization with locations in several provinces. The major gaps identified by your workforce analysis are present in the unionized employment groups. In addition to your human resources director, who else should participate in the employment systems review?

a. Bargaining agents and designated group employees. b. Officials in charge of each of the branches, designated group employees,

managers, bargaining agents and employee representatives. c. Employee representatives and bargaining agents. Feedback It is extremely important to always ensure that designated group employees, managers, employee representatives and bargaining agents have ample opportunity to take part in the process. Those who work in different areas of your workforce may be able to educate you on the various ways in which formal and informal policies and practices, as well as attitudes, adversely affect the four designated groups.



Scenario 3 It is preferable that your staff conducts your employment systems review but, if you hire a consultant, which task could he or she perform during the review process?

a. Review all your policies and practices to identify potential barriers. b. Prepare and issue communications pertaining to the employment systems

review. c. Interview employees and managers to find out whether they have faced

barriers to employment.

Feedback Your human resources experts know your employment systems very well, and they should perform the employment systems review in cooperation with your employment equity committee. If you are considering hiring a consultant, he or she could interview your employees and managers because they can tell you about barriers that exist in the workplace, how they affect applicants and employees who are members of designated groups, and how these individuals are directly affected by your organization's policies and practices. Those interviewed can tell you how things actually operate and how policies and practices apply in day-to-day matters. A consultant could conduct your employment systems review but it would take longer to complete because the consultant does not readily know your employment systems or how they are applied in your organization. However, the consultant can interview or survey your employees and gather information to complete your review.



Task B: Review the Results of All Analysis Conducted

Review of Workforce Analysis Data

To guide your employment systems review, you must start by reviewing the results of your workforce analysis. The purpose of this review is to identify areas where there are gaps in representation of the designated groups. These areas are where you should focus your employment systems review in order to identify barriers to full representation. You must therefore pay special attention to the gaps in representation identified in your workplace by examining the results table that is found in the report on the analysis of gaps in representation of designated groups that you completed in step 2-1. If needed, go back to Step 2-1, Task C to review the explanation of the report on the analysis of gaps in representation of designated groups. These gaps were identified using a three-filter test. If needed, go back to step 2-1, Task A to review how to do the three-filter test.



Review of the Flow Data Analysis

Flow data analysis highlights shares of recruitment, promotion and termination belonging to designated group members in your workforce. When you analyze your flow data, pay attention to cases of low hiring shares, low promotion shares or high termination rates among designated groups. Your goal is to identify areas where there are issues related to hiring, promotion and termination. Once these areas have been identified, you will examine how internal formal and informal policies and practices, attitudes and organizational culture may cause barriers to employment.

If you find that designated groups have low hiring shares, examine formal and informal policies and practices related to:

• recruitment; • selection; • attitudes and corporate culture;

and • accommodation.

If you find that designated groups have high termination rates, examine formal and informal policies and practices related to:

• retention; • termination; • attitudes and corporate culture; • evaluations; and • accommodation.

If you find that designated groups have low promotion shares, examine formal and informal policies and practices related to:

• development assignments; • training; • promotion procedures; • attitudes and corporate culture; • accommodation; and • performance evaluations.



Review of Clustering Analysis

The clustering analysis provides detailed information about your employees' salary levels. The purpose of reviewing this data is to identify areas where there are problems concerning promotions and pay equity. Gaps in salary levels may also reveal attitude issues toward certain groups that are part of specific EEOGs, or may explain why affected members of the designated groups leave your organization in large numbers. Example of pay inequity: A specific designated group reaches only the lowest level of an EEOG. Note: Clustering of a designated group may not necessarily be the result of barriers. If your organization has recently undertaken efforts to recruit or promote a large number of designated group members, this may make it appear that an employment equity problem exists. For example, if a trucking company recently recruited ten women to work as dispatch operators, the company's clustering analysis may reveal that female dispatchers are underpaid compared to male dispatchers. This clustering analysis fails to present the larger picture: that the organization has hired women for the first time in its 10 years of operation. In this case, the organization would make note of this explanation and continue to monitor this group in the future to ensure that they receive appropriate promotions and pay.



Exercise for Task B

Note: This exercise can only be done online Using the following documents, answer seven questions in this exercise by clicking on the right answer.

• Workforce Analysis • Flow data - Aboriginal Peoples • Flow data - Women • Flow data- Visible Minorities • Flow data - Persons with Disabilities

Scenario Your organization is getting ready to conduct its employment systems review. You have the workforce analysis and the flow data analysis. However, you have not conducted the clustering analysis. Question 1 From the workforce analysis, identify the EEOGs for which you will have to conduct an employment systems review for women.

a. Semi-Professionals and Technicians, Skilled Crafts and Trades Workers, and Semi-Skilled Manual Workers.

b. Senior Managers, Professionals, Supervisors, and Administrative and Senior Clerical Personnel.

c. Clerical Personnel, Semi-Skilled Manual Workers, and Other Manual Workers. Feedback You should conduct an employment systems review for women in the EEOGs of Semi-Professionals and Technicians, Skilled Crafts and Trades Workers, and Semi-Skilled Manual Workers because significant gaps are found in these EEOGs, according to the three-filter test. Question 2 According to the results of the flow data analysis, which employment systems must you pay close attention to during your review of employment systems for women?

a. None, since the results of the flow data analysis show that there are no problems.

b. Promotion and retention systems. c. Recruitment, selection and hiring systems.

Feedback According to the results of the flow data analysis, the number of women hired is lower than expected overall and in the EEOGs in which women are significantly under-represented. On the other hand, there are no problems with regard to the number of promotions given to women. There are no problems identified with regard to terminations among women. Your employment systems review should focus on



recruitment, selection and hiring systems in order to determine whether there are barriers that may prevent women from being hired, specifically in the three EEOGs in which women are significantly under-represented. Question 3 From the workforce analysis, identify the EEOGs for which you will have to conduct an employment systems review for Aboriginal peoples.

a. Clerical Personnel and Semi-Skilled Manual Workers b. Skilled Crafts and Trades Workers c. No EEOG

Feedback You will not have to conduct an employment systems review for Aboriginal peoples because there are no significant gaps in any EEOGs. However, you will need to add numerical goals to your employment equity plan to fill the two minor gaps in Clerical Personnel and Semi-Skilled Manual Workers EEOGs. Moreover, if these gaps persist over time in these EEOGs, even if they are small, you will have to conduct an employment systems review for this group in the future. Question 4 From the workforce analysis, identify the EEOGs for which you will have to conduct an employment systems review for visible minorities.

a. Middle and Other Managers, and Professionals b. Semi-Skilled Manual Workers c. Supervisors, and Skilled Crafts and Trades Workers

Feedback You will have to conduct an employment systems review for visible minorities in the Semi-Skilled Manual Workers EEOG because, according to the three-filter test, there is a significant gap in this EEOG. Question 5 Based on the results of the flow data analysis, which employment systems should you pay particular attention to during your employment systems review for visible minorities?

a. Retention and termination systems b. Training and development systems c. Recruitment, selection, hiring and promotion systems



Feedback Based on the results of the flow data analysis, visible minorities are hired and promoted less often than one might expect. However, there are no problems in the area of terminations. Your employment systems review should focus on recruitment, selection, hiring and promotion systems to determine whether there are barriers that may prevent visible minorities from being hired or promoted, specifically in the Semi-Skilled Manual Workers EEOG, where visible minorities are significantly under-represented. Question 6 From the workforce analysis, identify the EEOGs for which you will have to conduct an employment systems review for persons with disabilities.

a. Senior Managers and Middle and Other Managers, Professionals, Semi-Professionals and Technicians, Supervisors, Clerical Personnel, and Other Manual Workers

b. Supervisors - Crafts and Trades, Administrative and Senior Clerical Personnel, Skilled Sales and Service Personnel, Skilled Crafts and Trades Workers, and Other Sales and Service Personnel

c. Semi-Skilled Manual Workers

Feedback You will have to conduct an employment systems review for persons with disabilities in the Semi-Skilled Manual Workers because the three-filter test revealed that there is a significant gap in this EEOG. Question 7 Based on the results of the flow data analysis, which employment systems should you pay particular attention to during your employment systems review for persons with disabilities?

a. Retention and termination systems b. Training and development systems c. Recruitment, selection, hiring, promotion, retention, workplace attitudes

and working conditions Feedback Based on the results of the flow data analysis, persons with disabilities are hired and promoted less often than one might expect. In addition, members of this designated group leave the organization more frequently than one might expect. Your employment systems review should focus on recruitment, selection, hiring and promotion systems to determine whether there are barriers that may prevent persons with disabilities from being hired or promoted. Your review should also determine whether retention problems are caused by attitude issues or working conditions that negatively affect persons with disabilities.



Task C: Identify All Relevant Policies and Practices

Formal Policies and Practices

Task C- Identify All Relevant Policies and Practices does not involve identifying barriers, but, rather, consists of identifying all the policies and practices that impact the gap being assessed. The purpose of this task is to create one list of all policies and practices to be analyzed. The next step in the employment systems review process, Task D - Review Employment Systems to Identify Adverse Impact will help you determine whether the policy or practice has a negative effect on one or more designated groups. Formal policies and practices are human resource policies and practices that have been put in writing and approved by senior managers. You must make a list of the written formal human resource policies and practices that pertain to recruitment, selection, training and development, promotion, retention and termination, attitudes, organizational culture, and accommodations. By compiling a list of these employment systems, policies and practices, you will form the basis of a more detailed review in the following tasks. In the reference documents, the document "Policies and Practices Checklist” presents a checklist of formal policies and practices to help you make your own list for the employment systems review:

Note on checklists: Checklists can be useful tools for ensuring that all elements are considered, but they are seldom complete. You must clearly identify how policies and practices are actually carried out in your organization.

The page “Recording Policies and Practices” will explain to you where and how to enter the identified policies and practices.



Informal Policies and Practices

It is crucial to identify the informal policies and practices within your organization that may create barriers leading to gaps in representation. It is often the informal practices rather than the formal policies that have the greatest impact on employment opportunities for designated group members. Most employers find that at least some practices differ significantly from their organization's formal or written policies.

Informal policies and practices - human resource policies and practices that are usually unwritten but generally understood throughout the organization. Actual practices - how human resource practices are actually carried out (informal). For example, there may be well-understood written or even informal, unwritten procedures for succession planning, but further analysis may reveal that informal mentoring is the most significant practice in determining who is promoted.

For relevant information, consult people outside your committee or working group in charge of the employment systems review. These individuals are invaluable when determining which systems and practices affect a particular position, EEOG or geographic area. You can choose any of the three following methods, or a combination of them.

Conduct interviews or surveys

Review records of past human resource actions

Gather experts for a brainstorming session

Soliciting the input, concerns and ideas of staff and managers. Both staff and managers are directly affected by policies and practices and see barriers first-hand. These individuals are able to relay information on how things are actually done and how policies and practices are carried out in day-to-day business.

Review your organization's human resource records relating to hiring and terminations. This review may reveal patterns that create or perpetuate barriers. Examples: • Most staff in the sales

area were hired through employment agencies.

• Few formal interviews were conducted when hiring semi-skilled workers.

• Most professionals hired came through referrals by existing

You may wish to use the opinions and advice of experts in areas such as human resources or employment equity to focus the identification of informal policies and practices. It is often useful, after formal policies have been identified, to bring together a representative group of internal experts. This includes more than human resource professionals or specialists: it may also include experienced middle and/or senior managers, union representatives, and selected representatives from the designated groups. This brainstorming



staff (networking) rather than through a formal post-secondary recruitment policy.

group reviews each area with significant gaps and answers questions such as: "How do we recruit? promote, etc.?"

As previously stated, when you review your organization's policies and practices, it is important not only to focus on formal policies and practices, but also to carefully review how they are applied and how they affect employees. Day-to-day practices are more likely than formal policies to have the most impact on job opportunities for members of designated groups. Holding interviews, launching discussion groups and conducting surveys will give you good indications of the organization's culture, attitudes, values, group standards and informal practices. Additional information may be obtained from:

• members of designated groups; • employees who are not members of designated groups; • management and supervisory staff; • employee representatives and/or bargaining agents; and • human resources employees.

It is essential to consult these individuals to ensure that your employment systems review is rigorous. Interviews, discussion groups and surveys will help you determine:

• whether formal employment policies are respected; • whether there are informal practices; and • how employees are affected by formal and informal systems.

In addition, they may help you identify the following:

• examples of discrimination perceived by employees; • the effects of attitudes and organizational culture; • the order of priority for eliminating barriers; and • potential measures to eliminate barriers.

Your organization must decide which type of questions would be the most useful in completing this part of the employment systems review. Essentially, you are trying to shed light on how policies and practices are actually implemented on a daily basis and how they affect members of designated groups. Below you will find a list of potential questions to guide you in this process. Questions you may ask employees:

• How were you recruited to this organization? Which selection process was applied when you were hired or promoted?

• What are the informal practices, if any, that occur in your sector and affect recruitment, promotion, training and assignments?

• In your view, why are members of designated groups under-represented?



• Do you believe that there is discrimination and, if so, can you give examples? • Can you name the sectors in which you know things are not done in compliance

with written policies? Note on discussion groups: Discussion groups often provide a sampling of opinions on how an organization operates, what is its corporate culture, etc. It is important to react to what is said by seeking to validate negative and positive comments. If the report from a discussion group states that certain representatives had this or that reaction, it must then be determined whether this position is supported by other evidence that was gathered.



Recording Policies and Practices

In the "qualitative analysis" section of the Employment Systems Review Results and Employment Equity Plan Table, you must record the formal and informal policies and practices that you have to analyze to identify barriers to employment. In the table:

1. List the number of the EEOG in which gaps were identified and for which you must review your employment systems in the first column.

2. Describe the policy or practice in detail in the second column. To see the template, consult the document “Employment Equity Plan and Employment Systems Review Results Table” in the reference documents. Note: 1. There may be different practices being carried out for different specific occupations

within an EEOG (e.g. professionals - engineers may use networking; accountants may use post-secondary recruitment). These practices need to be reported and assessed.

2. One policy may affect several EEOGs in different ways. It is therefore necessary to repeat it for each of the EEOGs it affects.



Task D: Review Employment Systems to Identify Adverse Impact

Definitions

Barriers

Employment barriers arise both intentionally and unintentionally from policies, practices, attitudes and corporate culture that are neither job-related nor required for the safe and efficient operation of an organization. A policy or practice is a barrier when it has a greater negative impact on designated group members than on those who are not. These barriers contribute to hiring and promotion rates that are lower than expected for designated group members in comparison to those who are not members of a designated group. They also manifest themselves in the under-utilization of designated group members and in the concentration of designated group members at the lower levels of an organization and in non-decision making positions. Barriers can be subtle and hard to detect. They frequently result from a lack of awareness of their impact on designated group members. Barriers: Barriers, for the purpose of employment equity, are defined as formal or informal policies or practices (written or unwritten) that disproportionately restrict or exclude designated group members based on factors unrelated to the nature of work, merit, or safety (e.g. job requirements that are not bona fide occupational requirements). The following short list of barriers that may exist in a workplace is not exhaustive; it is meant to provide your organization with a foundation on the basis of which to begin the process of identifying barriers in your workplace. Examples of barriers include:

• prejudice or ill-will reflected in deliberately discriminatory actions against individuals who are members of designated groups;

• unequal treatment (e.g. asking different questions of women and men applying for the same job);

• systemic barriers that discourage or block members of designated groups from employment opportunities (e.g. arbitrary height and weight requirements, unnecessary experience requirements);

• maintenance of a working environment that is hostile or abusive toward members of designated groups or that is simply a non-supportive work culture and environment for designated group members;

• inadequate facilities that present physical barriers to persons with disabilities; • use of recruitment sources that do not provide an appropriate pool of candidates

(e.g. advertising, word-of-mouth, networking, employment agencies); • lack of objective, structured staffing, particularly when coupled with attitude

problems; • unequal access for designated group members to non-advertised promotion,

training and development systems, networks, and assignments; and • lack of reasonable accommodation.



For a detailed list of frequent barriers and related recommendations, consult the document “Frequently Found Barriers and Recommendations” in the reference documents.



Discrimination

A review of your organization's formal and informal policies and practices may reveal discrimination-related issues acting as barriers to employment of designated group members. Discrimination can be either intentional or unintentional; both types must be eliminated to ensure an equitable workplace.

Types of Discriminatory Barriers

Intentional Discrimination Measures or requirements that are designed to exclude members of designated groups; they may be known or unknown.

Unintentional or Systemic Discrimination Measures or requirements that are incorporated into employment systems that, though not intended to exclude, negatively affect designated groups and are not actually justified occupational requirements.

Examples: • Excluding certain candidates because

of their racial background • Excluding certain candidates because

of their disabilities • Specifying gender of the individuals

sought in a job offer • Eliminating resumés submitted by

candidates whose last names are hard to pronounce

• Eliminating candidates based on their age

Examples: • Artificially high selection criteria that

reduce the number of applications to review

• Educational requirements that are stricter than necessary

• Training or work experience based on traditional or historical preferences, not on actual job requirements

• No attention paid to physical barriers limiting access to or mobility within an organization's facilities

Watch the following Youtube video for an example of discrimination. You could also view other videos on discrimination, prejudice, employment barriers on Youtube.

Funny Racist Commercial http://youtu.be/dQJwUhhUjpI

http://youtu.be/dQJwUhhUjpI



Attitudes

Negative attitudes can form a part of your organization's corporate culture and lead to a negative work environment or to stereotypes, which may have an impact on the recruitment, promotion and retention of designated group members. The best way for your organization to assess attitudes is to solicit the input of employees, employee representatives and bargaining agents to gain a better understanding of how they are affecting designated groups. Attitudes For employment equity purposes, attitudes refer to the beliefs individuals hold that influence both their behaviour and their perceptions of designated group members. Negative attitudes typically create a hostile work environment for designated group members, or create stereotypes that may affect the recruitment and promotion of designated group members. Even if the written policies are sound, barriers will remain if managers or employees do not put these policies into practice. Attitudes can:

be quite overt and hostile: "There is no place for women in our industry."

take the shape of inaccurate stereotypes:

"Professionals who are members of a visible minority are not interested in management positions."

appear to be supportive but actually be problematic:

"I am completely dedicated to improving the representation of persons with disabilities even if it does slow us down."

Negative attitudes may directly influence selection and recruitment efforts. Examples of negative or wrong attitudes:

• "This is not a woman's job" • "Aboriginal peoples are unreliable" • "Members of visible minorities make poor managers" • "Persons with disabilities cannot perform in a fast-paced operation" • "Visible minorities and Aboriginal peoples are less educated" • "I know women are not interested in this job because they do not apply" • "Aboriginal peoples prefer seasonal employment"



Corporate Culture

Attitudes are certainly part of an organization's corporate culture, particularly if they are widespread. For our purposes, however, corporate culture refers to the shared "culture" of how things should be done in your organization, what the core values are and what is "valued" by employees. In increasingly diverse workplaces, once well-understood and accepted cultures may no longer be appropriate and may even have a negative impact on the organization's human resource management and economic performance. Examples of outdated corporate culture include:

• accepting long hours, unplanned overtime and quick-response travel as signs of commitment to the organization;

• expecting involvement in activities such as after-hours sports or social outings; • valuing aggressive internal competition over more co-operative management

and collaboration; and • tolerating a highly "macho" work environment.

It can be difficult to isolate the key aspects of an organization's corporate culture that may present barriers, as they may be deeply ingrained and supported by a belief that they are "the reality" of the industry or business. Designated group members can often help identify the elements that may be causing problems. As you review your organization's formal and informal policies and practices, you will need to ask yourself continually, "How do we do this?" It is possible that your organization's formal policies differ greatly from actual practices; although your policies may not appear to have a negative impact on designated groups, your informal practices may be quite detrimental. Gathering Insight to Assess Attitudes and Corporate Culture When conducting interviews, focus groups or brainstorming sessions to identify and gain insight into attitudes and corporate culture in your workplace or to assess the existence and impact of these, you may wish to ask the following questions:

• Have you ever experienced or witnessed harassment or discrimination in the workplace? If so, please provide examples.

• Do you believe that acting opportunities, assignments, mentoring, promotions, training and so on are freely communicated and offered? If not, does this have an impact on designated group members?

• Do you have any ideas or suggestions regarding what our organization could do to increase its representation or to make the workplace environment more positive for designated group members?

• What do you believe are the key components of our organization's working culture?

• What does our organization value most in its employees? • Outside of specific work duties, what does our organization value in a good

employee?



Simply asking: "Why do you think (women; Aboriginal peoples; members of visible minorities; or persons with disabilities) are under-represented in our organization?" will often provide invaluable information. The response may indicate common attitudes toward the group, e.g., "They are not interested in being managers or they do not have the experience."

The responses you receive from individuals you interview should be followed up and incorporated into the recommendations for the removal of barriers that you will make in Task E. As mentioned, consulting with those directly affected by your organization's policies and practices is crucial for a successful employment systems review.



Analyzing Policies and Practices

Diagnostic tool

Once you have identified all relevant formal and informal systems, policies and practices, you can use the diagnostic tool to assess each one to determine whether they have an adverse impact on designated groups. If so, then each one must also be assessed against the following factors to identify barriers:

• legality • consistency • validity • accommodative nature

As you review your organization's formal and informal policies and practices, it is crucial to continue asking yourself and others, "How are things actually done?" As stressed numerous times throughout this process, when written policies cannot reasonably explain under-representation for a given group, it is likely that an explanation will be found when looking at the informal policies and practices that exist off record. If you find that some of the elements observed are the cause of the under-representation of a particular designated group in an EEOG, you are then required, as the employer, to make the necessary changes to eliminate any adverse effects. Important! To conduct an effective employment systems review, it is preferable to start with the question: "How do we do that?" rather than "Do we do that?"

A note on tracking systems Your organization may choose to put in place tracking systems to capture statistics from various steps of its human resources systems. For example, your organization could choose to track the percentage of applications received from designated group candidates versus the percentage that are screened in. Moreover, your organization could also do comparative analysis on different aspects of its processes. For example, if your organization administers a standard test, it could measure whether or not the success rate for women is comparable to men. These types of statistical analysis are encouraged as they enable organizations to pinpoint which portion of the system poses a barrier for designated group members. Being aware of the adverse impact, the organization will be better equipped to uncover the barrier using the four diagnostic factors listed below.



How to use the Diagnostic Tool For each policy or practice entered in the table:

1. Determine where it applies. 2. Describe it. 3. Analyze its impact by answering the following five questions:

a. Does the policy or practice have a disproportionately adverse impact on any designated group?

b. Does the policy or practice conform to human rights and employment laws?

c. Is it applied consistently to all personnel? d. Is it valid (i.e. necessary for the safe and efficient operation of your

organization)? e. Is accommodation possible?

For a copy of the employment systems review policies and practices diagnostic tool, consult the document “Employment Systems Review Policies and Practices Diagnostic Tool” in the reference documents.



Adverse Impact

Question: Does this policy or practice have an adverse impact on designated group members? The first step is to assess whether or not the policy or practice in question has a disproportionately negative impact on designated group members. Consider the examples below. Recruitment

1. Use of employment agencies to recruit semi-skilled or clerical workers: Do the agencies used refer qualified candidates from the under-represented designated group at the same percentage as the group's availability?

2. Networking to recruit professionals or middle managers: Is the profile of candidates that result from networking similar to the profile indicated by availability data?

Selection

1. Strength Tests: Does a requirement to meet a strength test at a specific level result in a higher percentage of designated group applicants failing to meet the standard?

2. Use of years of experience as a selection standard: Are one or more of the designated groups less likely to have the years of experience?

If you find that the particular policy or practice you are assessing does not have an adverse impact in the given situation, then no barrier exists. Enter "no adverse impact" in your Employment Systems Review Results and Employment Equity Plan Table, explain how or why this was the conclusion and proceed to analyze the next policy or practice.

If you do find that there is evidence of a disproportionately adverse impact on those who are members of a designated group compared to those who are not, proceed to assess its legality.



Legality

Question: Does this policy or practice conform to existing human rights and employment standards legislation? Check to see if the policy or practice clearly contradicts existing human rights and employment standards legislation in your province or territory. A non-conforming policy or practice may include an overt exclusion of designated group members for certain jobs. You should also apply the legality factor to requirements that may be deliberate, covert attempts to exclude certain groups, as in the following examples of selection criteria:

• "Active, energetic candidates attractive to our discerning clients" • "Canadian experience"

Using different selection standards - e.g. different questions based on gender, race or disability status - is also clearly illegal. If questions remain, contact your province or territory's Human Rights Commission or your local Labour Affairs Office. If you find that the particular policy or practice you are reviewing clearly does not conform to human rights or employment standards, then it must be removed, changed or validated as a bona fide occupational requirement. For example, restricting gender may be a bona fide occupational requirement if it relates to a job involving modesty issues, such as an attendant for a change room. If it is changed, it must be reassessed starting with the first factor: adverse impact. If it is a bona fide occupational requirement, proceed to assess its consistency. If you find that the policy or practice is not illegal, as far as you can tell, proceed to assess its consistency.



Consistency

Question: Is this policy or practice applied consistently? Ensure that the policy or practice in question is applied in an equitable and consistent manner. Lack of consistency can take several forms, for example:

1. the use of a test or any standard with an adverse impact for some competitions but not for others; or

2. the use of a physical test with an adverse impact to screen out candidates where no efforts are made to ensure that employees, once hired, continue to meet this standard. This is particularly important where there is evidence that many existing employees doing the job could not meet the standard.

If you find that the particular policy or practice you are reviewing is not applied consistently, then it must be changed or removed. If it is changed, it must be reassessed starting with the first factor: adverse impact. If you find that the policy or practice is applied consistently, proceed to assess its validity.



Validity

Question: Is this policy or practice valid, that is, necessary for the safe and efficient operation of your organization? The policy or practice in question must accomplish its proposed predictive or evaluative function in order to be an organizational necessity and a bona fide occupational requirement. In addition, the policy or practice is considered valid only if there is no reasonable alternative that has no or a less adverse impact. Validity questions often revolve around the issue of tests used to select candidates: Do people who score high actually perform better on the job than those who do not? Other examples include whether or not experience requirements indicate performance and whether or not job tasks and their attendant requirements actually reflect the work being done. The practice must also be objective. Older tests, for example, may still contain a gender or cultural bias. Ensure that tests are administered in such a way as to provide a positive atmosphere for the test takers and to eliminate any bias that could affect their performance. If you find that the particular policy or practice you are reviewing is not valid, it must be changed or removed. If it is changed, it must be reassessed starting with the first factor: adverse impact. If you find that the policy or practice is valid, proceed to assess its accommodative nature.



Accommodative Nature

Question: Is accommodation possible? If the policy or practice is a valid job requirement but tends to exclude designated group members, can an accommodation be made to reduce or eliminate the adverse impact? Where a policy or practice is determined to be a valid (bona fide) job requirement but excludes one or more designated groups in a disproportionate way, you must determine whether or not it is possible to use accommodation to remove or decrease the negative impact. Example: Skilled Crafts and Trades Workers must sometimes work in areas that are inaccessible for certain employees with disabilities, but given the number of workers in this group, work assignments can be arranged to accommodate persons with disabilities without imposing undue hardship on the organization.

Accommodation refers to individual adjustments made in the workplace to respond to the needs of a specific employee or job applicant. Special needs that must be accommodated result from factors such as disability, family status, ethnic or national origin, and religious beliefs.

The Supreme Court has ruled that accommodation must be provided, if a requirement is justified (valid). In addition, if a requirement having adverse effects is not valid, there is an obligation to remove the policy or practice. Therefore, accommodations must be provided for all justified occupational requirements (and related policies, practices, etc.) that have a negative impact on designated group members, unless the accommodation causes undue hardship to your organization.



Recording Barriers

You must now record your findings in the Employment Systems Review Results and Employment Equity Plan Table. In the left-hand section of the "Qualitative Analysis," enter barriers that you have identified in the policy or practice under review, whether formal or not. Be sure to explain exactly how the policy or practice constitutes a barrier. If no barrier exists, indicate why and explain (for example, there is no adverse impact or it is a bona fide occupational requirement). If further long-term assessment work is required to determine the impact of the policy or practice, indicate this. To see an example, consult the document “Example of the Qualitative Analysis Section of an Employment Equity Plan” in the reference documents.

Note: A policy or practice may be a barrier for one or more of the designated groups; when identifying a barrier, it must be clear to which group(s) and in which EEOG it applies.



Exercise for Task D

The following exercise is intended to confirm that you have clearly understood how to use the diagnostic tool. Answer the four true-or-false questions related to the scenario by clicking on the correct answer. Scenario Your organization found that members of designated groups are under-represented in EEOGs where positions are generally filled by seniority. Question 1 This practice has adverse effects on members of designated groups.

a. True b. False

Feedback The correct answer is TRUE. Members of designated groups are under-represented in these EEOGs. This indicates that you have few or no members of designated groups on the seniority list, meaning that the practice has adverse effects on these individuals.

Question 2 This practice conforms to human rights and employment laws.

a. True b. False Feedback The correct answer is FALSE. When it is found that seniority rights may have adverse effects on the job opportunities for members of designated groups, you must consult bargaining agents in order to take desirable measures to minimize these effects. In the case presented, seniority rights have adverse effects on the job opportunities for members of designated groups; therefore, you should consult bargaining agents in order to find a solution that will minimize these effects.

Question 3 This practice is applied consistently.

a. True b. False Feedback The correct answer is TRUE. The practice stems from the collective agreement and is applied consistently for unionized positions.



Question 4 This practice is valid, i.e., necessary for the safe and efficient operation of the organization.

a. True b. False Feedback The correct answer is FALSE. The practice of awarding promotions based on seniority is not required for the safe and efficient operation of the business. You must therefore eliminate the barrier rather than seek to implement accommodations. In the situation presented, you must consult the bargaining agents in order to take desirable measures to minimize these effects. If the policy or practice had been considered valid (justified), you would have had to determine whether it is possible to use accommodations to eliminate or mitigate the adverse effects.



Task E: Develop Recommendations to Eliminate Barriers

Examples of Barriers and Recommendations

The recommendations that are developed as a result of the employment systems review will, if implemented with reasonable effort, lead to reasonable progress toward filling gaps in representation during the period covered by the employment equity plan. Once all barriers have been recorded, you must develop recommendations for each one. The proposed changes must be the most relevant and achievable for your organization. Your ultimate goal must be to change or remove the policies and practices that:

• have adverse effects on one or more designated groups. • are deemed illegal or invalid. • are not applied consistently. • are not accommodating.

Examples of recommendations:

Barriers Recommendation

The screening criteria put in place to decrease the number of candidates (such as requirements for years of experience or education) consistently exclude qualified designated group members at a higher rate than similarly-qualified candidates who are not members of a designated group. These standards are not reliable measures of future job performance.

• Eliminate excessive educational and experience requirements.

• Replace these requirements with valid competency standards and appropriate techniques for evaluating these standards.

Information on promotion opportunities to middle management positions is not generally available or announced within the organization. This has had a significant impact on visible minority professionals, who are less likely to be aware of these opportunities.

• Develop a structured information package and a communication strategy to ensure that all employees understand the promotion process and have equal access to advancement opportunities.

• Start training managers to help them adopt a more equitable approach in mentoring all professional employees.



Barriers Recommendation

There is no structured process for conducting interviews and assessing credentials. Staffing managers tend to believe the job is too physically demanding for women. The lack of structure in the interview process means women are disproportionately screened out because managers believe they will not be able to do the work.

• Establish a clear, structured process for staffing and require record keeping.

• Determine valid requirements and establish a mandatory process for assessing this standard.

• Train staffing managers on conducting valid candidate assessments and on avoiding decision making based on stereotypes.

• If possible, have a woman participate on the staffing committee.

For a list of recommendations for the most frequent barriers, consult the document “Policies and Practices Checklist”. This list is not exhaustive and does not take into account the specific circumstances of your organization. Record the recommendations in the right-hand section of the "Employment Systems Review Results and Employment Equity Plan Table". To see an example of this template, consult “Example of the Qualitative Analysis Section of an Employment Equity Plan” in the reference documents.



Exercise for Task E

Identify the recommendation that will enable you to eliminate or reduce the effect of the barrier. 1. Policy/Practice: Recruitment

Barrier: Recruitment is largely carried out by word of mouth, which results in hiring employees who reflect the make-up of the workforce and an under-representation of designated groups.

a. Encourage employees to recommend candidates who are members of

under-represented designated groups. b. Consult bargaining agents and employee representatives on recruitment policies

for hiring candidates from under-represented designated groups. c. Post available positions on national newspapers to attract candidates from

under-represented designated groups. Feedback Encourage employees to recommend candidates that are members of under-represented designated groups would be the best recommendation to remove the barrier link to recruitment because it encourages the creation of a diversified network. 2. Policy/Practice: Promotions

Barrier: Promotions and new assignments are awarded based on seniority rights and a "next on the list" approach. Designated groups are under-represented in the EEOGs from which the individuals are recruited for a position in a higher EEOG. a. Consult bargaining agents on developing and implementing appropriate

solutions for ensuring advancement and development opportunities of members of designated groups.

b. Establish links between jobs for which the career path can offer relevant training programs to enable upward progression in all EEOGs.

c. Abolish seniority rights for the promotion of designated group members. Feedback According to Subsection 8(3) of the Employment Equity Act, where it appears that a right 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 bargaining agents shall consult with each other concerning measures that may be taken to minimize the adverse impact.



3. Policy/Practice: Promotions Barrier: Career development or advancement lines were not developed for all EEOGs. Members of designated groups are promoted less often and have less access to higher positions. a. Consult bargaining agents and employee representatives on developing and

implementing appropriate solutions for ensuring advancement and development opportunities of members of designated groups.

b. Establish a formal Career development program comprising relevant training programs to enable upward progression in all EEOGs.

c. Create a policy favouring access to higher positions for members of designated groups.

Feedback The establishment of a formal Career development program ensures that all employees, including members of designated groups, have access to a equitable and prejudice-free process to enable upward progression. The policy favouring designated groups is not equitable and the consultation of bargaining agents is only required for unionized positions. 4. Policy/Practice: Pay and fringe benefits

Barrier: Part-time employees are not entitled to paid leave. Members of designated groups hired in this category of entry level positions leave more often.

a. Limit the part-time positions to a one year maximum, and then transfer

employees to a full-time position where they have access to paid leave. b. Provide coherent, non-arbitrary directives on leave, to all employees. c. Provide paid leave, calculated on a prorated basis, to part-time employees.

Feedback In order to create an equitable work environment for all employees, part-time employees must be offered the same paid leave benefit, calculated on a prorated basis to hours worked. Leave directives change nothing to the part-time employee's situation and limiting the duration of part-time positions may create undue hardship to the organization and to the employees.



Task F: Design a Process for Reviewing New Policies and Practices

Process for Reviewing New Policies and Practices

Once you have completed your employment systems review of all existing policies and practices, you must design a process that you can use to review all the new policies and practices your organization will put in place to ensure that they will not contain barriers for one or more designated groups. You have two options:

1. A systematic assessment by human resources staff of each new policy and practice, before their implementation, in order to determine their impact on designated groups. Example: discuss each new policy or practice with a focus group composed of members of designated groups.

2. An employment systems review conducted by the employment equity committee

and the staffing specialist responsible for employment equity before the implementation of any new policy or practice.

This process is required under subsection 9(2) of the Employment Equity Regulations.



Exercise for Task E

The following five true-or-false questions concern the process for reviewing new policies. Click on the correct answer. Question 1 Your organization implemented an employment equity program two years ago. You hired a consultant who knows equity and human rights to prepare a policy on succession. For this reason, you do not need to review this policy to determine whether it contains barriers.

a. True b. False

Feedback The correct answer is FALSE. Although the consultant has knowledge in the areas of equity and human rights, it is still preferable that you review this new policy before it is put in place to ensure that it does not contain barriers that could affect members of designated groups. Question 2 Your employment equity committee together with the senior officer responsible for your employment equity program finished a review of your existing employment systems. You can now review any new policy or practice without requesting these individuals to be involved in the process.

a. True b. False

Feedback The correct answer is FALSE. Even if your committee together with your senior officer conducted a review of all your existing employment systems, any new policy or practice will have to be reviewed by either the same team that conducted the first review or a new team, but it cannot be done by only one person. Question 3 Your organization is provincially regulated and subject to the Federal Contractors Program. You have just developed a new policy on selection. In order to ensure that this policy does not contain barriers for members of designated groups, you can consult the Canadian Human Rights Commission.

a. True b. False

Feedback The correct answer is FALSE. As a provincially regulated employer, you must consult the organization responsible for human rights legislation in your province or territory. The Canadian Human Rights Commission administers the Canadian Human Rights Act in all areas under federal jurisdiction.



Question 4 You have just implemented a recruitment policy that conforms to current human rights and employment laws. Given that your policy conforms to these laws, you do not need to train your managers on human rights.

a. True b. False

Feedback The correct answer is FALSE. Even though your policy conforms to the laws, your recruiting managers may interpret and/or apply this policy in a way that could cause barriers to employment. You must therefore train them on human rights. Question 5 You revised the promotion policy. Because this was a revision, you do not have to review this policy to ensure it does not contain barriers to employment.

a. True b. False

Feedback The correct answer is FALSE. Even though this was only a revision, your policy could contain barriers to employment. It is recommended that you review all new and revised policies and practices.



Task G: Prepare an Employment Systems Review Summary Report

After conducting your employment systems review, you must prepare a summary report. Drafting a report will help you prepare for the next step in the process, the development of your employment equity plan, and will complement your organization's efforts to document its progress. This report should not be downloaded to WEIMS, nor sent to HRSDC - Labour Program or the Canadian Human Rights Commission. It must be kept in your files until you are asked to submit it to the person who will be conducting the employment equity compliance audit of your organization. When your organization is undergoing a compliance audit, the officer who is in charge of the audit will analyze your employment systems review summary report to determine whether the work was performed according to the requirements. This summary report constitutes evidence for determining your organization's level of compliance in this step of implementing your employment equity program. The presentation method of this report is left to your full discretion, as long as you abide by the following guidelines: 1. Introduction: Overview of your employment systems review, including:

a. the identified gaps in representation; b. a list of previous employment systems reviews completed by

your organization and how they are reflected in this report; c. any challenges that your organization encountered while

completing your employment systems review; and d. the status of recommended measures (if they were made) for

removing barriers in your organization's policies and practices.

2. Methodology: Outline of resources and processes used to conduct the employment systems review, including: a. information on the individuals who managed and conducted the

employment systems review; b. a list of those who participated in employment systems review

consultations; c. the steps taken to identify and assess the systems, as well as

the methods used to collect the required information; and d. a list of all employment systems, policies and practices that

were reviewed.

3. Results: Attach the completed Employment Systems Review Results and Employment Equity Plan Table Note: This component of the summary report is considered complete when you are confident that if the barriers are removed, your organization will be able to recruit, hire, promote and retain designated group members at levels consistent with their availability in the relevant workforce.



4. Process for Reviewing New Policies and Practices:

Describe in detail the process that your organization developed for reviewing all new policies and practices to ensure that, when implemented, they will not constitute a barrier for the designated groups.

5. Conclusion: Write a conclusion that summarizes your overall findings and the measures planned to develop an action plan designed to eliminate identified barriers and ensure that new policies and practices do not introduce new barriers.

For an example, consult “Employment Systems Review Summary Report” in the reference documents.

Communication Finally, in keeping with the communication requirements, you must communicate the results of your employment systems review to employees, management, employee representatives and bargaining agents. For a sample of a notification you can use for this purpose, consult “Communicating the Results of the Employment Systems Review” in the reference documents.



Test your knowledge of step 2-2

Are you and your organization ready to go on to Step 3 of implementing an employment equity program? Answer the following questions to find out. Task A: Establish Employment Systems Review Methodology Question 1:

What is the main goal of an employment systems review? a. To provide a reasonable explanation for all major gaps in representation

revealed by the workforce analysis. b. To analyze all the policies and practices in my organization. c. To identify major gaps in representation.

Feedback The main goal of the employment systems review is to provide a reasonable explanation for any major gaps in representation revealed by the workforce analysis. For more information on the methodology of an employment systems review, consult Task A.

Question 2:

To conduct your organization's employment systems review, you must review all your formal and informal policies and practices related to:

a. all the systems in place in your organization; b. collective agreements and the culture of your organization; c. recruitment, selection and hiring, training and development, promotion,

retention, termination and accommodation. Feedback For each of the EEOGs in which your workforce analysis revealed a major gap (and, where possible, for the work environment overall), you must review all the formal and informal policies and practices related to the following systems:

• recruitment; • selection and hiring; • training and development; • promotion; • retention and termination of employment; • accommodation.

For more information on the methodology of an employment systems review, consult Task A.



Question 3: Why is it important to involve employees, managers, employee representatives and bargaining agents in your employment systems review process?

a. Because it is required by the Employment Equity Act. b. Because they can identify the different ways in which policies, practices

and attitudes negatively affect designated groups. c. Because they know the organization's formal and informal policies and

practices. Feedback It is extremely important to always ensure that employees, managers, employee representatives and bargaining agents have ample opportunity to take part in the process. Those who work in different areas of your workforce can educate you on the different ways in which formal and informal policies and practices, as well as attitudes, can negatively affect the four designated groups. For more information on the methodology of an employment systems review, consult Task A.

Task B: Review the Results of Your Workforce Analysis Question 1:

What should you use to guide your employment systems review? a. Major gaps. b. All gaps revealed by your workforce analysis. c. The results of your workforce analysis and, if necessary, the results of

your clustering and flow data analyses. Feedback To guide your employment systems review, you must start by reviewing the results of your workforce analysis, flow data analysis and clustering analysis. For more information on reviewing data to conduct an employment systems review, consult Task B.



Question 2: When you review the results of your flow data analysis, where must you focus your attention?

a. Clustering of designated groups in EEOGs. b. Low recruitment or promotion shares or high termination rates among

designated groups. c. High recruitment or promotion shares and low termination rates among

designated groups. Feedback When you analyze your flow data, you must pay attention to low recruitment or promotion shares or high termination rates among designated groups. These situations indicate that you are not recruiting enough candidates who are members of designated groups, that your designated group employees are not promoted at the same rate as employees who are not members of designated groups, and that the number of designated group employees who leave your organization is greater than the number of those who do not belong to designated groups. For more information on the review of data for the employment systems review, consult Task B.

Question 3:

If the results of your clustering analysis reveal gaps in salary levels in one EEOG, which employment systems should you analyze?

a. Policies and practices related to recruitment, selection and hiring b. Collective agreements c. Policies and practices concerning promotions and salaries

Feedback Gaps in salary levels may reveal problems related to promotions and pay equity. However, gaps in salary levels do not necessarily mean that barriers exist. For example, if your organization has recently undertaken steps to recruit or promote a large number of designated group employees, there may be clustering in the lowest salary quarter because the individuals have just been hired or promoted in this EEOG. For more information on reviewing data for an employment systems review, consult Task B.



Task C: Identify All Relevant Systems, Policies and Practices Question 1:

What are actual practices? a. Human resources practices that are not necessarily recorded in writing, but

that are usually understood across the organization. b. Human resources practices that are generally recorded in writing and

approved by senior officials. c. The informal way in which human resource activities are actually carried

out. Feedback "Actual practices" refer to the way in which human resource activities are actually carried out. For example, there may be written, non-written or informal rules that are well understood within your organization with regard to succession planning, but a more detailed analysis may reveal that a form of informal mentoring is the most common practice for determining who will be promoted. For more information on identifying which systems to analyze, consult Task C.

Question 2:

What is the best way to find out the actual practices used within your organization? a. Interview employees and managers or conduct surveys. b. Hire a consultant to obtain his or her point of view on actual practices. c. Review formal practices to determine how they are actually applied.

Feedback The best way to find out the actual practices used within your organization is to ask your employees and managers. These individuals are directly affected by your organization's policies and practices, and directly observe the barriers to employment. They can inform you on how things actually operate and on how the policies and practices apply on a day-to-day basis. Simple questions such as "how did you obtain your position?" will give you a clear indication of the most common practices. For more information on identifying which systems to analyze, consult Task C.



Question 3: Which types of practices are more likely to have the most impact on employment opportunities for members of designated groups?

a. Formal practices b. Actual practices c. Informal practices

Feedback Informal practices are often more likely to have the most impact on employment opportunities for members of designated groups. Most employers observe that at least some practices differ largely from written or formal internal policies. It is crucial to record the informal policies and practices in place in your organization because they can also create barriers that cause gaps in representation. For more information on identifying which systems to analyze, consult Task C.

Task D: Analyse Policies, Practices, Attitudes and Corporate Culture to Identify Adverse Impact Question 1:

What is an employment barrier? a. A policy or practice that excludes members of designated groups based

on factors that are not related to the nature of the work, merit, or security.

b. A policy or practice that prevents an individual from obtaining employment or a promotion because of a personal characteristic.

c. A policy or practice that has a larger negative effect on employees who are not members of designated groups than on those who are.

Feedback For employment equity purposes, employment barriers are defined as written and non-written formal and informal policies and practices that disproportionately limit or exclude members of designated groups based on factors that are not related to the nature of the work, merit, or security. For more information on the employment systems review, consult Task D.



Question 2: Of the following discriminatory barriers, which is a systemic barrier?

a. Exclusion of certain candidates because of their background. b. Educational requirements that are stricter than necessary. c. Specification of gender from individuals sought in an employment offer.

Feedback Systemic barriers are measures or requirements incorporated into employment systems that, although not intended to exclude, have an adverse effect on designated groups and are not actually justified professional requirements. For more information on the employment systems review, consult Task D.

Question 3: For employment equity purposes, what is meant by "attitude"?

a. Collection of beliefs and reactions that influence a person's behaviour and perception toward members of designated groups.

b. Collection of measures or requirements intended to exclude members of designated groups.

c. Collection of ways to act within an organization based on the organization's core values and what is "valued" among employees.

Feedback For employment equity purposes, the term "attitude" refers to beliefs that influence a person's behaviour and perception toward members of designated groups. For more information on the employment systems review, consult Task D.

Task E: Develop Recommendations to Respond to Barriers Question 1: What are the two characteristics of a good recommendation?

a. The recommendation must be easy to implement and appropriate for your organization.

b. The recommendation must be relevant and achievable for your organization.

c. The recommendation must be appropriate and achievable for your organization.

Feedback A recommendation must be relevant and achievable, i.e., the proposed change must eliminate the negative effects on designated groups as much as possible. For more information on developing recommendations, consult Task E.



Question 2: What is the ultimate goal of each recommendation?

a. Remove the barrier so reasonable progress can be made toward reducing or eliminating the gap.

b. Meet the regulatory requirements of the EEA. c. Eliminate policies or practices that were deemed illegal or invalid.

Feedback The ultimate goal of each recommendation is to ensure that implementation will remove barriers and ensure reasonable progress to close any identified gaps in representation. For more information on developing recommendations, consult Task E.

Question 3: Of the following recommendations, which one would not help eliminate the barrier created by the fact that advertising job postings in general circulation publications may result in isolating designated group applicants?

a. Publish announcements in ethno cultural newspapers as well as general circulation newspapers where possible.

b. Ensure that the text and images on job postings are representative of designated groups and that there are no stereotypes.

c. Establish contact with placement offices in various locations. Feedback Establishing contact with placement offices in various locations will not necessarily help attract members of designated groups. It is preferable to publish available positions in ethno cultural newspapers or to inform associations that help designated groups find employment about the positions to be filled. Ensuring that the text and images on job postings are representative of designated groups will also help you attract candidates from the designated groups. For more information on developing recommendations, consult Task E.



Task F: Design a Process for Reviewing New Policies and Practices Question 1: Why should you design a process for reviewing new policies and practices?

a. To ensure that they do not contain barriers for one or more designated groups.

b. To ensure that they align with regulatory requirements. c. Because it is required by the EEA.

Feedback Following your employment systems review, your organization must implement a process for reviewing all new policies and practices before they are put into place, in order to ensure that they will not contain barriers for members of designated groups. For more information on the process for reviewing new policies and practices, consult Task F.

Question 2: Which of the following examples represents a good way to systematically review each new policy or practice?

a. Have each new policy or practice reviewed by the senior officer in charge of employment equity, as well as bargaining agents.

b. Have the human resources director review each new policy or practice. c. Have each new policy or practice reviewed by human resources staff and a

discussion group composed of members of designated groups.

Feedback Human resources staff can organize a pre-test with a discussion group composed of members of designated groups each time your organization wishes to put in place a new policy or practice. This will help you assess how a policy or practice will impact designated groups before it is implemented. For more information on the process for reviewing new policies and practices, consult Task F.



Question 3: Apart from systematically reviewing new policies and practices, what other method is acceptable as a review process?

a. An assessment of each new policy and practice by an expert consultant. b. An employment systems review, with the same process as the initial

review. c. Submission of each new policy and practice to HRSDC - Labour Program.

Feedback You can use the same process as the initial review you did of all your policies and practices in order to review those that are new. For more information on the process for reviewing new policies and practices, consult Task F.

Task G: Prepare an Employment Systems Review Summary Report Question 1: When is the "Results" section of your report considered finished?

a. When I am convinced that my organization will be able to obtain and maintain representation rates for all designated groups that correspond to their availability.

b. When all the tables of the diagnostic tool have been completed. c. When I have developed recommendations for each of the identified barriers.

Feedback This section of the summary report is considered finished when you are sure that, if the barriers are removed, your organization will be able to recruit, hire, promote and retain members of designated groups at levels that correspond to their availability in the relevant active population. For more information on preparing the summary report, consult Task G.

Question 2: What is the purpose of preparing the summary report?

a. To prove that I conducted a good employment systems review. b. To develop my employment equity plan and document progress made. c. To eliminate barriers in representation.

Feedback Preparing the summary report will help you better prepare for the next step of the process, that is, developing your employment equity plan and documenting your organization's progress. For more information on preparing the summary report, consult Task G.



Question 3: To whom must you submit your summary report?

a. To the Canadian Human Rights Commission. b. To HRSDC - Labour Program. c. To no one; I must keep it in my files.

Feedback You must keep your summary report because it will be useful to you in assessing your progress and will serve as proof that you have conducted this review in compliance with the requirements when your organization is subject to a compliance audit. For more information on preparing the summary report, consult Task G.


May 2012 Page 1 of 8


Hiring: Recruitment EEOG: All Employees or specify:

Policy/Practice (describe):

Assessment Measures Yes No If no, explain

Does the policy or practice have a disproportionately adverse impact on any designated group?

(if yes) Does the policy or practice conform to human rights and employment laws?

(if yes) Is it applied consistently to all personnel?

(if yes) Is it valid (i.e., necessary for the safe and efficient operation of your business)?

(if yes) Is accommodation possible?

EEOG: All Employees or specify:










Hiring: Selection EEOG: All Employees or specify:


















Hiring: The Job Offer EEOG: All Employees or specify:


















Training and Development EEOG: All Employees or specify:


















Promotion EEOG: All Employees or specify:


















Retention and Termination EEOG: All Employees or specify:


















Accommodation EEOG: All Employees or specify:


















Company X Employment Systems Review / Employment Equity Plan Results

May 2012 Page 1 sur 6

Non-numerical Analysis: Women

Employment Systems Review Employment Equity Plan EEOG

# Policy/Practice

(written/unwritten) Barrier Identified Recommendation Non-numerical Goal1 (measures to be taken) Time Frame Manager

Responsible Recruitment, Selection and Hiring

04 Hiring Policy

5'8" height requirement for air pilots greatly restricts the applicant pool and has not been reviewed for some time.

Examine all aircraft and revise the 5'8" height restriction if it is found to be excessive.

Hire E.K. Consulting to assess base requirements for operating our aircraft safely. Adjust hiring policy as necessary.

June 2005 Director of Human Resources

01, 02 Hiring Policy

Large gap in representation of designated groups in management positions due to low representation in the region.

Provide incentives for candidates from other cities and provinces to apply for management positions.

Advertise management positions at the national level.

March 2005 Recruitment Manager

Cover re-location costs for out-of-region manager hires.

April 2005 Director of Human Resources & VP

Corporate Services

Provide help finding accommodation.

April 2005 Recruitment Manager

01, 02, 04, 05, 07, 08, 09, 12,

13

Recruitment Advertisements

Recruitment advertisements do not include any reference to employment equity.

Ensure all new job postings include reference to employment equity and encourage applications from designated group members.

Update the recruitment policy with descriptions of Company X’s recruitment philosophy and objectives along with its position on diversity and employment equity.

April 2005 Director of Human Resources

1 Non-numerical goals include the removal of barriers, special measures and positive policies and practices.




# Policy/Practice


Responsible Modify internal and

external communications, particularly those used for recruitment purposes, to ensure they use pictures and text that depict a diverse workforce.

June 2005 Recruitment Manager

Train recruiters and hiring managers to ensure they are fully aware of corporate employment equity objectives.

September 2005

Recruitment Manager

01, 02, 04, 05, 07, 08, 09, 12,

13

Recruitment Advertisements

Most recruitment advertisements are posted at sites within the organization, restricting those outside the organization from applying.

Ensure all new job postings are more accessible to those outside of the organization. Post job postings on job web sites, in newspapers, etc.

Start posting positions on popular job websites, in newspapers and at employment centres.


Approach local schools to raise awareness about job opportunities among women students.


Contact outreach agencies for candidates.


01, 02, 04, 05, 07, 08, 09, 12,

13

Application Forms

All job applications require 2 previous work references for the application to be accepted.

All new job applications will allow for 1 previous work reference and 1 family/friend reference.

Reduce reference requirement to 1 work reference and 1 personal reference.

March 2005 Director of Human Resources

Communicate the new reference requirement in job advertisements.





# Policy/Practice


Responsible Training and Development

04, 05, 07, 08, 09, 12,

13

Training Materials/Programs

Training completion rates are low among designated group members.

Encourage designated group members to engage in training. Review training material and invite input from designated group members to identify and resolve any training problems.

Train trainers in diversity management.

September 2005

Development Manager

Modify training materials, text and pictures to ensure they are reflective of diversity.

September 2005

Development Manager

04 ,05, 07, 08, 09, 12,

13

Training Materials/Programs

Information on upcoming training opportunities is inadequately disseminated to employees.

Ensure that managers notify their administrative assistants of training opportunities so that they may forward it to all employees.

Disseminate training opportunities through e-mail, intranet and posting in high traffic areas.

April 2005 Development Manager

Provide a training contact for questions on availability and eligibility.

April 2005 Development Manager

07, 08, 09, 12,

13

Tuition Reimbursement

Policy states that employees will only be reimbursed for courses directly related to their position.

Make policy more broad to include all training related to the industry.

Revise the guidelines for tuition reimbursement to allow for reimbursement for courses that are more generally related to the airline industry instead of specific to an employee’s current position.

May 2005 VP Corporate Services




# Policy/Practice


Responsible Promotion Systems

04, 05, 07, 08, 09, 12,

13

Promotion Opportunities for advancement are advertised selectively.

Ensure that managers notify their administrative assistants of promotion opportunities so that they may forward it to all employees.

Post position information on the intranet so that all employees are aware of open positions. Periodically remind employees of the job/promotion opportunities site address.

April 2005 Personnel Manager

Identify career paths for various positions in the company and communicate this to all employees.

October 2005 Personnel Manager

Retention and Termination

12, 13 Retention High Turnover rate for designated group members

Conduct exit interviews of designated group members.

Develop policy and process for conducting exit interviews with all employees leaving our employ after 3 months.

April 2005 Director of Human Resources




# Policy/Practice


Responsible Reasonable Accommodation

07 Accommodation (Shift Work)

New Administrative & Senior Clerical Personnel must work late night shifts for 3 months before they are given the choice of work hours.

Discontinue this practice. Allow these new employees to choose work hours. If this causes a nightshift shortfall, create incentives to encourage employees.

Alter night shift requirements. To the extent possible, allow new employees to choose work hours.

June 2005 Personnel Manager

As it still may be necessary to schedule employees on nightshifts, establish a policy requiring supervisors to provide 48-hour notice before the shift.

June 2005 Director of Human Resources

01, 02, 04, 05, 07, 08, 09, 12,

13

Accommodation (Overtime)

There is no formal policy with respect to overtime hours.

Ensure designated group members get their fair share of overtime work.

Develop and disseminate clear criteria for the allotment of overtime hours.

June 2005 Personnel Manager

08 Accommodation (Travel)

All sales and service personnel are required to travel to two different regions weekly in order to meet quotas.

Change policy to one region a week and allow employees to work from home.

Implement a telework policy to allow employees to work from home.

December 2005

Personnel Manager

Modify the travel requirement: Sales staff will need to travel to one region a week instead of two.

June 2005




# Policy/Practice


Responsible Attitudes and Corporate Culture

02, 04, 05, 07, 08, 09, 12, 13

Dress Code No barrier identified. No barrier identified Not applicable Not applicable Not applicable

Company X Employment Systems Review Results and Employment Equity Plan


Numerical Analysis: Women

Workforce Analysis Employment Equity Plan

EEOG #

Employment Equity Occupational Group (EEOG)

Gap Numerical Goal Time Frame Manager

Responsible # % 01 Senior Managers 02 Middle & Other Managers 03 Professionals 04 Semi-Professionals & Technicians 05 Supervisors 06 Supervisors: Crafts & Trades 07 Administrative and Senior Clerical Personnel 08 Skilled Sales & Service Personnel 09 Skilled Crafts & Trades Workers 10 Clerical Personnel 11 Intermediate Sales & Service Personnel 12 Semi-skilled Manual Workers 13 Other Sales & Service Personnel 14 Other Manual Workers

Note: N/A indicates there is no gap. Grey areas indicate there are no employees in the EEOG.



Numerical Analysis: Visible Minorities Workforce Analysis Employment Equity Plan

EEOG #







Numerical Analysis: Aboriginal Peoples Workforce Analysis Employment Equity Plan

EEOG #







Numerical Analysis: Persons with Disabilities Workforce Analysis Employment Equity Plan

EEOG #







Non-numerical Analysis: Women


# Policy/Practice


Responsible

Recruitment, Selection and Hiring

Training and Development

Promotion Systems


Reasonable Accommodation

Attitudes and Corporate Culture




Non-numerical Analysis: Visible Minorities Employment Systems Review Employment Equity Plan

EEOG #

Policy/Practice (written/unwritten) Barrier Identified Recommendation Non-numerical Goal2

(measures to be taken) Time Frame Manager Responsible



Promotion Systems







Non-numerical Analysis: Aboriginal Peoples Employment Systems Review Employment Equity Plan

EEOG #





Promotion Systems







Non-numerical Analysis: Persons with Disabilities Employment Systems Review Employment Equity Plan

EEOG #





Promotion Systems





Frequently Found

Barriers with

Recommendations



Policy/Practice Barrier Recommendation

Job postings are circulated to potential candidates based on decisions made by individual managers.

Not all employees are given an opportunity to apply to all positions. There are strong indications that this process favours men over women (other designated groups may also be excluded).

• Post job vacancies on centrally located bulletin boards that are accessible to all employees or send e-mail notifications to all employees.

• Monitor the profile of candidates and take additional recruitment steps if the number of women who apply continues to be insufficient.

Applicants are referred from outside sources, i.e., professional associations, training institutions, employment centres and agencies, and executive search firms.

Not all referral organizations have clearly defined employment equity policies. There is evidence from interviews with managers and a review of staffing files that the profile of candidates does not reflect the availability of visible minorities (or other groups).

Advise the agencies or consultants of your organization's employment equity goals and interest in interviewing qualified designated group applicants. Monitor results and take action if profiles continue to be inappropriate.

In some cases, applicants are recruited and screened by invitation only.

This practice is used as a part of an “old boys” network to generate applications. This network may not reflect the values of employment equity and may result in few or no invitations to designated group members.

Institute a comparable inventory to ensure that high-potential designated group members have equal access to sponsorship. Monitor designated group members’ rates of participation in the inventory and success rate in obtaining positions via this system.

Recruitment of applicants relies heavily on word-of-mouth referrals.

Note: this remains a common practice in Canada for many jobs.

This recruitment practice frequently results in the recruitment of applicants that reflect the existing composition of the workplace, which can be a problem when there is existing under-representation of designated group members.

• Take a proactive approach by explicitly encouraging employees to refer candidates from the under-represented designated groups (offering rewards is an option).

• Supplement this practice with other external recruitment methods to ensure that you obtain a profile of candidates that reflects availability.

Frequently Found

Barriers with

Recommendations



Recruitment relies heavily on walk-in applicants.

Recruits approaching your organization do not always reflect the diversity of your community and the external workforce. Not formally advertising positions in your community could result in few or no applicants from the designated groups. This is an issue if: • women or other groups have

not traditionally been considered for the jobs in your organization; or

• there has been a history, or a perceived history, of exclusion in the organization.

• Reduce reliance on the walk-in method.

• Use other external recruitment methods, such as contacting associations that provide employment-related or other services to the designated groups to get the message out that your organization is interested in receiving applications from qualified job applicants who are members of under-represented designated groups.

• Establish contact with employment offices in a variety of locations.

Front-line personnel staff is not trained in employment equity principles and human rights legislation.

Due to lack of training, front- line personnel staff may not be aware of the need to recruit designated group members. Where attitudes and stereotypes are identified as problematic for one or more designated groups, qualified candidates from these groups are frequently excluded. The requirement to offer accommodation at the point of hire may not be practiced. Language and practices may not respond appropriately to the diverse pool of applicants.

• Ensure that front-line personnel staff is aware of employment equity principles and human rights legislation as well as the adverse impact of discourteous treatment.

• Include designated group members among front-line personnel staff, where possible.

Frequently Found

Barriers with

Recommendations



Job advertisements are posted only in mainstream publications.

Publication of job ads may restrict access to designated group applicants.

• Ensure that text and pictures portray designated groups in non-stereotypical ways. Include a box indicating that the organization is committed to having a workforce that represents the community and is particularly interested in receiving applicants from the designated group(s).

• Advertise in ethno-cultural as well as mainstream newspapers, wherever possible.

Application Forms

Application forms are only available in standard print form and must be filled out by hand.

This may constitute a barrier for applicants with physical disabilities, for example because they are not able to read standard print, are visually impaired, or do not have use of their hands.

Ensure that application forms are made available in various formats. Provide assistance to applicants who are unable to fill out the application by hand.

Application forms require applicants to “account for” each year of “work life.”

This suggests that applicants must not have any gaps in employment. This may discourage members of certain designated groups from applying. It may constitute a barrier for persons with disabilities who have gaps in employment due to illness or injury. It may also constitute a barrier for women who were not continuously employed because of pregnancy and childcare responsibilities.

• Suggest that applicants who do not have a consistent work history submit a skills-based resume rather than a chronological resume.

• Invite applicants to indicate skills used in unpaid work experience or in work-at-home or full-time-parenting duties.

• Ensure that staff who screen applications do not penalize applicants for career gaps due to parenting or homemaking tasks, or due to illness or injury.

Application forms require applicants to list Canadian work experience.

This may constitute a barrier for visible minority applicants who have work experience from countries other than Canada. It may also discourage visible

• Consider whether or not Canadian work experience is actually necessary for performing the job.

• Ensure that staff who screen

Frequently Found

Barriers with

Recommendations


Policy/Practice Barrier Recommendation minority applicants with limited Canadian work experience from applying.

applicants also consider training and foreign work experience.

Testing and Simulations

Applicants are screened in based on their scores on standardized tests.

Standardized tests or job simulations appear to screen out a disproportionate number of applicants who are members of a designated group compared to applicants who are not (less common for women). The evidence suggests that these tests are frequently not strong predictors of performance and are used as easy screens to reduce numbers.

• Eliminate tests that are not demonstrably reliable predictors of future job performance.

• Replace only with alternative assessment procedures that have been reviewed for adverse impact and validity.

Interviews are unstructured and undocumented. Interviewers and hiring managers are unaware or have vague knowledge of employment equity principles and human rights legislation.

An unstructured and undocumented interview process allows personal and non-job-related values and attitudes to influence hiring decisions. Interviewers and hiring managers frequently permit such subjective standards to influence hiring decisions, and these standards frequently discriminate against the designated groups

• Provide up-to-date written policies and guidelines on interviewing and hiring procedures.

• Ensure that interviewers understand the importance of documenting and standardizing all interviews.

• Ensure that interviewers are well trained in applicable human rights legislation and bias-free selection.

• Provide relevant employment equity training and cross-cultural sensitization.

• Include designated group members on the interview team, where possible.

Frequently Found

Barriers with

Recommendations



The ranking of certain jobs is based on subjective opinions rather than on established objective criteria.

Opinions may centre on negative attitudes and stereotypes related to designated groups. This could ultimately lead to members of certain designated groups not being recruited.

• Eliminate subjectivity from the evaluation process to the greatest extent possible by developing objectives and clearly defined criteria that can be easily understood by raters.

• Ensure consistency in the use of evaluation criteria.

Training and Development Access to training differs among employees. Some employees have access only to training that is directly related to their duties, while others have access to training that develops new skills required for advancing in the organization.

This practice may constitute a significant barrier for designated group members if there is occupational imbalance within the organization, for example when those in clerical positions (female-dominant) are restricted to type-one training while those in semi-skilled positions (male-dominant) are eligible for type-two training.

• Establish training-allocation practices based on promoting overall employee development wherever possible.

• Review access to training on an ongoing basis and monitor for adverse impacts that may disproportionately restrict access for one or more designated groups.

• Provide opportunities for employees throughout the organization to access training that allows them to further their career.

Promotion There is no clear, objective process for selecting employees for training, development and promotion opportunities (or if there is, it is not often followed).

If negative attitudes or stereotypes toward designated groups exist, designated group members may not receive as many development and promotion opportunities as employees who are not members of a designated group. Overt hostility often is not the problem. Managers or supervisors may determine which employees are eligible for these opportunities based on their comfort level and experience working with them.

• Provide employees with clear information as to the types of development and promotion opportunities that are available within your organization and how they can access these opportunities if interested.

• Ensure that all development and promotion opportunities are awarded on the basis of merit.

Frequently Found

Barriers with

Recommendations



Promotions and new assignments are granted based on seniority rights and “next-in-line” approaches.

Designated groups are under-represented in the occupational groups that act as feeder groups when seniority is used.

Consult with bargaining agents and/or employee representatives concerning the development and implementation of appropriate remedies to ensure the recruitment of designated group members through this recruitment source.

Managers are not held accountable for increasing the promotion rate of qualified designated group members.

This is not actually a barrier but will frequently contribute to the under-achievement of the organization’s goal of reducing gaps and avoiding discriminatory practices.

• Inform managers about the organization's commitment to ensuring that all qualified employees are considered for promotion.

• Measure managers’ performance against employment equity objectives relating to promotion during performance appraisal.

• Conduct periodic reviews to determine the fairness of the selection process; track the progress of designated group members.


Lay-off and recall decisions are based on “last in, first out” principles.

A disproportionately high number of designated group members are negatively affected by lay-off and recall decisions because they are more likely to have entered the organization in recent years than employees who are not members of a designated group.

Review all relevant policies and formal collective agreements and develop lay-off and recall procedures that minimize negative effects on the designated groups.

There is no centralized system for recording the number of designated group members who have been laid off.

Designated group members may be laid off more frequently than employees who are not members of a designated group, and no one is being held accountable.

Determine the impact lay-off decisions will have on designated groups, provide re-training and bridging opportunities (to alternative positions) where possible, and investigate work-sharing programs.

Frequently Found

Barriers with

Recommendations



Accessibility and Job Accommodation for Applicants and Employees with Disabilities

The worksite is inaccessible to persons with disabilities.

Persons with certain physical disabilities will not likely be able to work for this organization.

Survey the premises to find areas where changes may be made and develop a long-term strategy to make the facility more accessible for all persons with disabilities. Establish an accessibility fund with resources earmarked to improve access and accommodation.

Compensation

The payroll department is not aware of, or is not adhering to, pay equity legislation or policies.

The organization is not paying those who are and those who are not members of a designated group equally for the same or comparable work as required by applicable pay equity legislation or policies. This may discourage designated group members from applying for positions. It may also signal negative attitudes that may constitute a barrier for the designated groups in other areas of the organization.

• Ensure that the organization adheres to applicable pay equity or “equal pay” legislation.

• Ensure that pay differentials are justifiable by bona fide job requirements related to skill, effort, responsibility and working conditions.

Pay scales are not publicized, or there is secrecy about salaries/wages.

This may result in designated group members being paid less than employees who are not members of a designated group without anyone being held accountable.

Consider publicizing wage and salary scales to ensure that designated group members receive this information.

Methods of calculating merit-based pay differ across occupations and levels.

Inconsistent merit requirements may allow for discrimination against the designated groups.

Review your performance appraisal system and its relationship to merit-based pay increases to ensure that these are applied equitably to designated group members.

Frequently Found

Barriers with

Recommendations



Statutory Holidays, Vacations and Leave

Some types of leave (educational, compassionate moving, etc.) are granted onl to those in higher-ranking positions.

This could have a disproportionately negative effect on designated group members in lower-ranking positions. For instance, designated group members in lower-ranking positions may not be able to access educational leave, which may hinder their chances of promotion in the future.

Review all paid and unpaid leave policies to determine if designated group members are being disproportionately excluded.

Part-time workers are excluded from being paid for statutory holidays and from receiving vacation entitlement.

This may constitute a barrier for the designated groups, for example women who may need vacation entitlement to care for their families.

Consider extending pro-rated coverage to part-time employees, particularly permanent staff.

Information on benefits is available only in English/French.

This may constitute a barrier for employees who do not speak English/French. It may disproportionately exclude Aboriginal peoples or visible minorities in the workplace.

Ensure that information on benefits is available in other languages as required.

Non-majority-group religious holidays are not granted.

This may have a disproportionately negative impact on visible minorities and Aboriginal peoples who celebrate non-majority holidays. If they are not granted leave to observe religious holidays or practices, they may have to choose between not observing their holidays or practices, taking unpaid leave or even dismissal.

Formulate a policy to deal with employees' requests for special religious holidays, with due regard to the application of the business necessity criterion and the concept of reasonable accommodation.

Fire and emergency evacuation procedures do not adequately ensure the safety of employees with disabilities.

This has a disproportionately negative impact on persons with certain disabilities. Persons with disabilities may be unable to work in this workplace due to serious safety concerns. Note that while such practices are problematic, they are unlikely to provide a significant explanation for under-representation.

Create fire and emergency evacuation procedures that ensure the safety of all employees, including persons with disabilities.

Frequently Found

Barriers with

Recommendations



Attendance Requirements

Attendance rules permit flexibility only for employees in senior-level positions. Flex-time and alternative work schedules are not allowed. Discretionary granting of such benefits is not governed by clear, objective standards and procedures.

Lack of flexibility may constitute a barrier for women who have significant childcare responsibilities, for some employees with disabilities, and for Aboriginal peoples with community responsibilities. Some supervisors or managers are not applying the corporate policy that accommodates for diverse requirements, and this has placed extra burdens on designated group members.

• Where feasible and appropriate, implement clear, objective policies and procedures on alternative work schedules.

• Communicate the alternative work schedules policies and procedures to staff and managers.

• Monitor compliance to ensure that policies and practices are being followed.

There are no provisions for childcare arrangements. (Also see section above)

This would likely have a disproportionately negative impact on some women.

Establish childcare assistance, including childcare at or near the worksite.

Dress/Appearance Codes

Appearance and dress code guidelines are rigidly applied. Supervisors/managers are not aware of the duty to accommodate on the basis of religion.

The workplace does not convey a climate of cultural tolerance and diversity, and this dampens efforts to recruit and keep a diverse workforce. Employees required to wear particular clothing due to religious beliefs, frequently members of a visible minority group, may be forced to leave their jobs.

• Eliminate such codes wherever requirements are not demonstrably job related.

• Ensure that dress codes clearly state the obligation to accommodate religious requirements, and ensure that managers/supervisors are aware of their obligation to accommodate to the point of undue hardship.

Frequently Found

Barriers with

Recommendations



Some religious or cultural practices (e.g., clothing, foods) are openly discouraged or bring on intolerant behaviour by other employees or managers.

Intolerant behaviour, expressed negative attitudes and lack of sensitivity to differences usually constitute a significant barrier for recruitment, promotion and retention of affected designated groups.

• Draft and communicate a strong corporate policy on respectful conduct toward all employees, emphasizing a commitment to diversity.

• Implement mandatory training for managers and supervisors on managing a diverse workplace; make diversity management a core supervisory competency.

• Develop an ongoing strategy to promote a diversity-friendly community; recognize various celebratory days and host food fairs or other events that encourage sharing of cultural diversity.

Workplace Harassment

There are no workplace anti-harassment policies or procedures.

This can constitute a barrier for all designated groups since they may be more susceptible than non-designated group members to various types of harassment in the workplace. Harassment can constitute a barrier in relation to retention and promotion.

• Prepare an anti-harassment policy (see Appendix 3D for an example of such a policy) with clear and workable procedures in consultation with management, bargaining agents, employee representatives and individual employees, as appropriate. Ensure that the policy includes appropriate sanctions that are clearly linked to unacceptable actions.

• Ensure that there is broad and ongoing communication to all staff on this subject.

• Ensure that organizational practices comply with applicable human rights legislation, specifically with respect to discrimination based on prohibited grounds such as race, ancestry, place of origin,

Frequently Found

Barriers with

Recommendations


Policy/Practice Barrier Recommendation record of offences, marital status, family status, handicap, age, religion, creed and sexual orientation.

• Review and strengthen, if necessary, existing policy and procedures in this area.

The anti-harassment policy does not contain a procedure for reporting harassment, or the policy is not being enforced.

Not enabling all employees to report harassment in the workplace could leave them with no recourse for addressing harassment that leads to barriers related to promotion and retention.

Review and expand the policy where necessary to ensure that the following are fully outlined: • definition of harassment; • complaints procedures; • person(s) identified to receive

and investigate complaints; • the range of possible

disciplinary actions and/or other consequences, as well as remedies for victims;

• appeal procedures; and • a guarantee of confidentiality.

The existing anti-harassment policy is not publicized.

This may constitute a barrier for all employees. If your organization’s harassment policy is not accessible, many employees may be unaware of their rights in this area.

Disseminate the relevant policy and procedures throughout the organization via information sessions and ongoing orientation and management training programs. Post it on your intranet. Consider multilingual publication where employees are from diverse ethnic backgrounds and where numbers warrant it.

Frequently Found

Barriers with

Recommendations




Managers and supervisors are responsible for maintaining a smoothly functioning workplace but have not been trained to develop and maintain a climate of equity and understanding and to manage a multicultural/multiracial workforce.

Lack of training or understanding of how to manage a multiracial or multicultural workforce could lead to barriers for all four designated groups. Some managers and supervisors may contribute to poor practices directly while others may simply lack the tools to respond to problem situations.

Provide awareness sessions for managers and supervisors on such topics as management in an employment equity environment, communications and race relations, interview techniques for decision makers, and human rights in the workplace. Include diversity management as a core competency for the selection of managers and supervisors.

Sample Communication


Announcing the Employment Systems Review

To: All Employees Date: [Date]

From: President/CEO

Subject: Announcing the Employment Systems Review

As part of the employment equity process, [Organization’s name] will be conducting a review of our employment systems. An employment systems review is designed to identify human resources policies and practices that may negatively affect employees, particularly women, Aboriginal peoples, persons with disabilities and members of visible minorities.

After analyzing the results of our workforce survey, we have found that [Designated group(s)] [is/are] under-represented in [Occupational group(s)]. As a result, we will be examining all formal and informal policies and practices that impact [this/these] occupational group[s] in order to improve the representation of the designated group[s]. We will be assessing whether these policies and practices are essential to the job or could be altered to reduce any negative impact.

We will be forming an employment systems review working group to evaluate our employment systems. If you are interested in becoming a member of the working group, please contact [Name of employment equity coordinator] at [Phone number]. We especially encourage the participation of designated group members.

After conducting the review, we will develop and implement measures to ensure that everyone can participate fully and equitably in our workforce. Once the review has been completed, the results will be communicated to you.

An employment systems review will benefit all employees by ensuring that employment systems, policies and practices are fair for everyone. Please do not hesitate to contact [Name of employment equity contact] at [Phone number] if you have any questions or comments about the review or employment equity in general.

__________________________

[Name of President/CEO]



As individuals and as an organization, our challenge is to create an environment that fosters dignity and respect for everyone. We want a workplace where each of us, regardless of gender, race or disability, can fulfil our potential and contribute to the success of the organization.

The results of our workforce survey show that there are gaps in the representation of [Designated group(s)] in certain occupations in our workforce. A “gap” is the difference between the current representation of designated group members in our workforce and their availability in the Canadian workforce. An employment systems review will help us determine the causes of these gaps and identify possible solutions.

The employment systems that will be examined are:

• recruitment, selection and hiring;

• training and development;

• promotion;

• retention and termination;

• reasonable accommodation; and

• attitudes and corporate culture.

Where necessary, the review will also make recommendations for removing employment barriers for all employees, including designated group members, while preserving the merit system for hiring, promotion and training opportunities.

We Need Your Co-operation

We will not be able to conduct a review of our employment systems without your assistance. We need people who work in different areas of our organization, people who hold different positions, people who are members of designated groups and people who are willing to:

• sit on the employment systems review working group to look for barriers in both our written policies and practices and any informal, unwritten practices that affect our staffing;

• participate in focus groups to examine the impact of written and unwritten practices and to identify attitudes and corporate culture issues that may influence how we operate; and

• agree to be interviewed to share individual experiences.



All information collected through the employment systems review will be kept confidential. [Please note that we recommend hiring an external consultant to conduct focus groups and interviews; this is optional. If you do use an outside consultant, add the next two sentences: “To guarantee confidentiality, we will use an external consultant to conduct the focus groups and interviews. Any information passed on to the organization will be in an anonymous form.”]

Please help us make our employment systems review a success by volunteering to participate. Our goal is to have a workforce that attracts the best and enables them to give their best.

If you are interested in becoming a member of the working group to review formal and informal policies and practices, or if you have any questions about the employment systems review, please feel free to contact [Name of employment equity contact] at [Phone number].

____________________________________________

[Name and title of senior official responsible for employment equity]

Commentaire [mb1]: Ok to change the order here and to explain a little more in the square bracket? It was unclear before. AB: Yes, okay.

Summary report example


Company X Employment Systems Review (ESR) Summary Report

Introduction Company X conducted a Workforce Analysis (WFA) in the first quarter of 2010. A review of the WFA found significant gaps in the following occupational groups (listed from largest numerical gap to smallest): EEOG

# EEOG GAP #

Utilization %

04 Semi-professionals & Technicians -630 8.7

09 Skilled Crafts & Trades Workers -257 18.9

12 Semi-skilled Manual Workers -238 29.6

07 Admin. & Senior Clerical Personnel -110 76.1

02 Middle & Other Managers -106 62.3

01 Senior Managers -15 50.0 13 Other Sales & Service Personnel -13 53.6

08 Skilled Sales & Service Personnel -4 20.0

05 Supervisors -4 66.7

Due to the high number of gaps found in the WFA, Company X was required to conduct its first Employment Systems Review (ESR). The ESR allowed us to get an in-depth look at our human resources management. It examined written and unwritten policies and practices in order to identify barriers to the four designated groups: women, Aboriginal peoples, persons with disabilities and visible minorities. Both the WFA and ESR were approved and finalized on schedule by the Senior Official responsible for employment equity.

The Company X ESR Report includes information only for EEOG gaps for women. Organizations must also conduct an ESR for the EEOG gaps for Aboriginal peoples, persons with disabilities and visible minorities. The 3 filter test determines which EEOGs need to be reviewed in the ESR. Reminder: If there are several small gaps in more than two EEOG, review all policies/practices related to the designated group. The ESR should focus on the EEOGs with the largest numerical gaps first. All gaps (including gaps of less than three) are dealt with by establishing numerical goals in the final Employment Equity Plan.



Methodology An ESR Working Group carried out the ESR in the second quarter of 2010. This Report was prepared and completed in May 2010. The Working Group announced the ESR to employees using a company-wide memorandum. This communication and a memorandum accompanying the survey informed employees about the purpose of the ESR and reiterated Company X’s commitment to employment equity. The memorandum was distributed by internal mail and e-mail and was posted in high traffic areas. The ESR Working Group consisted of twelve employees, including the Senior Official responsible for employment equity, managers/supervisors from various occupational groups and members from each of the four designated groups. An external consultant was also hired in order to get a more objective perspective on the barriers present in the employment systems. A note-taker who was not part of the ESR Working Group was also present at each meeting. The note-taker’s role was to record all decisions and recommendations made by the Working Group. The Working Group used Company X’s policy manual and a survey of employees to identify the policies and practices (written and unwritten) that needed to be reviewed. The survey asked employees: • Does the work environment differ from the written

policies? • Do informal practices exist? If so, what are they? • Do you perceive discrimination in the workplace? Can you

give examples? • Do you have recommendations for change? Are there areas

for change that you think should have a higher priority than others?

If an Employment Equity Committee has been established, encourage members to also participate in the ESR Working Group. See Appendix A and Appendix B for sample ESR announcement memoranda. Hiring an external consultant is optional and can help provide a more objective perspective.

See Appendix C for the ESR Policy Checklist and Appendix D for the ESR Practices Checklist.



ESR Working Group meetings consisted of a review of each policy or practice to identify potential barriers. The Working Group assessed the policies and practices against the Federal Contractors Program (FCP) ESR Policies Checklist and ESR Practices Checklist. Once the Working Group agreed that a barrier did exist, recommendations were made to remove the barrier. If no barriers were identified, the note-taker recorded that no barriers exist with regard to the policy or practice. The ESR assessed the following employment systems for barriers: Recruitment, Selection and Hiring; Training and Development; Promotion; Retention and Termination; and Reasonable Accommodation. In particular, the ESR reviewed: hiring policies, recruitment advertisements, internal recruitment, application forms, training materials/programs, tuition reimbursement, information dissemination on new job opportunities, retention, dress code and accommodation. After the ESR was completed, the note-taker forwarded all notes to the Employment Equity Contact who was responsible for storing the confidential information in the company database and destroying all notes, statistics and other raw materials used in the ESR meetings. This method was used to protect the privacy of members of the ESR Working Group and of the other employees of the company. Results The ESR identified several barriers that have likely contributed to the underrepresentation of designated group members.

Optional: Policies and practices may also be reviewed in Compensation and Benefits, Conditions of Employment, Attitudes and Corporate Culture. The policies and practices are examined against the following set of assessment measures: legality, consistency, adverse impact, validity, business necessity, job-relatedness and reasonable accommodation. See Appendix E for Sample Barriers and Recommendations. See Appendix F for a blank ESR/EE Plan Results table.



A detailed summary of findings from the ESR (EEOGs affected, policies and practices reviewed, barriers identified and recommendations proposed) can be found in the Employment Systems Review/Employment Equity Plan Results table attached to this report. The following five employment systems were reviewed and the following barriers were identified by the ESR Working Group: Recruitment, Selection & Hiring

• There is a 5'8" height requirement for pilot hiring, which restricts the applicant pool significantly. It was established many years ago under the assumption it is necessary for reaching instruments in the cockpit. The policy has not been examined recently to ensure that it is accurate and necessary.

• Recruitment advertisements and job postings documents do not include any reference to employment equity. This may discourage applications from designated group members.

• Company X’s recruitment advertisements are mainly posted in staff rooms and staff meeting areas. This presents a barrier to those wanting to apply from outside of the organization. Statistics show that many of our employees have been hired through a family member or friend in the company who saw the job posting. This can perpetuate the underrepresentation of designated group members by limiting the application pool.

• Recruitment advertisements and application forms are currently not distributed in alternate formats. This has a potential to cause barriers for persons with disabilities who desire to apply for a particular position.

• All job applications require the candidate to include two past work experience references. Currently, job applications are not accepted if this section is not filled

The ESR should focus on the EEOGs with the largest numerical gaps first. It is required under the EE Act to review the following employment systems: Recruitment, Selection & Hiring, Training & Development, Promotion, Retention & Termination and Reasonable Accommodation. Optional: Policies and practices may also be reviewed in Compensation & Benefits, Conditions of Employment, Attitudes and Corporate Culture.



out completely. This causes a barrier because candidates from other countries may not feel comfortable giving a contact person so far away. This also causes a barrier against women and others who may not have had two past work experiences.

• Statistics show that Company X has a large gap of designated group members in management positions due to limited designated group member representation in the region.

Training & Development

• Training participation rates are low among designated group members.

• Currently, managers are the only ones to receive information on upcoming training opportunities. Training opportunities have not been properly disseminated to all employees.

• Company X policy manual states that only those who are taking courses directly related to their position will have their tuition reimbursed. This hinders those designated group members in entry-level manual jobs from being promoted to other positions in the industry.

Promotion

• Currently, managers are the only ones to receive information on upcoming promotion opportunities. Promotion opportunities have not been properly disseminated to all employees.

Retention & Termination

• There is a high turnover rate for designated group members.




• Company X’s policy manual states that all new

Administrative and Senior Clerical employees must work late night shifts for three months before they are given the work hours of their choice. This creates a barrier for those who have families or who do not have methods of transportation at that time of night.

• No formal policy exists with respect to overtime hours. • All sales and service personnel are required to travel to

two different regions weekly in order to meet quotas. This may create a barrier for employees who must be at home with their families.


• Company X has a dress code policy that requires all employees to wear uniforms.

The ESR identified barriers in policies and practices for all of the EEOGs where underrepresentation was found, with the exception of Company X’s dress code policy, for which it was determined that no barrier exists. Recommendations and Conclusion The ESR helped us to focus on the formal and informal policies and practices that have had an adverse impact on designated group members. The following are the measures recommended to correct the barriers identified: Recruitment, Selection & Hiring • Examine all aircraft and revise the 5'8" pilot height

restriction if it is found to be excessive. • Ensure all new recruitment advertisements include



reference to employment equity and encourage applications from designated group members.

• Ensure all new recruitment advertisements are more accessible to applicants outside of the organization. Job postings should be posted on job web sites, in newspapers, and in visitor sites within the organization.

• Ensure all new job postings are available in alternate formats. Company X is looking into purchasing a Braille machine to translate job postings.

• All new job application forms will require only one previous work reference and one family/friend reference.

• Provide incentives for candidates who are members of the designated group from other cities and provinces to apply for management positions. Incentives have not yet been decided.

Training & Development • Encourage designated group members to engage in training.

Training materials will be reviewed and designated group members will be invited to identify and resolve any problems in the training.

• Ensure that managers notify their administrative assistants of training opportunities so they can distribute information to all employees in their areas.

• Broaden policy with regards to tuition reimbursement. Allow for tuition payments of employees to be reimbursed even if their course is not related to their position directly but to the airline industry in general.

Promotion • Ensure that managers notify their administrative

assistants of promotion opportunities so they can distribute information to all employees in their areas.

Retention & Termination



• Conduct exit interviews for designated group members in

order to get a better understanding of the high turnover rate.

Reasonable Accommodation • Remove the policy that requires all new Administrative &

Senior Clerical Personnel employees to work late night shifts for the first three months. New employees will now be given the opportunity to choose their preferred work hours. If there is a shortage of available workers for the late night shift, incentives will be offered.

• The Working Group has concluded that no barriers exist with regards to the company’s uniform policy. Because Company X is a service-oriented organization, uniforms are essential.

• Currently there is no company policy that exists with respect to overtime hours. This has caused some employees to benefit from overtime work more than others. Overtime hours will be monitored more closely to ensure that designated group members are receiving their fair share of overtime work.

• Significant underrepresentation in the Intermediate Sales and Service Personnel group may be due to a policy that requires all employees in this EEOG to travel to two different regions weekly. This policy will be amended so that employees will only have to travel to one region per week. Company X will also give the option of having most of the work carried out at home through telework and other technical aids.

In Summary



The Working Group is confident that the recommendations, if pursued in the Employment Equity Plan, will contribute meaningfully to the full participation of designated group members in Company X’s workforce. New employment policies and practices will be reviewed annually at a meeting of the ESR Working Group. The Working Group will assess the policies and practices against the Federal Contractors Program (FCP) ESR Policies Checklist and ESR Practices Checklist. The next step for Company X is to inform all employees of the results of the ESR. Company X will communicate the ESR findings and recommendations to all employees by memorandum (distributed by internal mail and by e-mail).

See Appendix H for a sample Announce Results of ESR memorandum.

Policies and practices control list


A good Employment Systems Review (ESR) usually begins with the creation of an inventory or list of all the policies and practices that exist within the organization (these involve any document that affect the management of employees within the organization). The list should be validated and/or verified by all employees that provide human resources services or products.

GGeenneerraall HHuummaann RReessoouurrccee PPoolliicciieess Human Resource Manuals Written/Unwritten Policies & Practices Contract Forms Web Site Material Advertising Promotional Materials Public Relations Material Internal Communication Tools Collective Agreements Union Grievances Procedures Human Rights Complaints Procedures Other Relevant Documents

Recruitment, Selection and Hiring Application Forms Recruitment Ads (printed and on-line) Agency Job Referrals Co-op Placements Outreach with Agencies Job Descriptions Sponsor Trades School Training Staffing Policies Targeted Recruitment for Designated Groups Word-of-Mouth Referrals Orientation Packages Hiring of Temporary Workers Internal Recruitment and Seniority Rights Managerial Accountability Mergers and Acquisitions Walk-in Recruiting Work Experience

Training and Development Access to Transfer Funds Acting Positions Career Development Program Education/Training Program



Job Rotation Lateral Transfers Mentorship Program New Skill Levels/Jobs Tuition Reimbursement Training Materials/Programs Career Development Initiatives

Promotion Accelerated/Modified Career Bridging Information Dissemination on New Job Opportunities Promotion Policies and Practices (written/unwritten) Seniority and Union Restrictions Succession Planning

Retention and Termination Benefits Bonuses Consultation with Employee Representatives Disciplinary Measures and Appeal Processes Dress Code Employee Assistance Program Exit Interview Documents Family Related Leave Family-Work Balance Harassment Policies Health and Safety Retention of Temporary Workers Last Hired First Fired Practice Paid Leave (other than vacation) Performance Evaluation Termination Unpaid Leave/Sabbaticals Violence Prevention Wellness Work Sharing

Reasonable Accommodation Accessibility Accommodation Policies Alcoholism Bereavement Leave Court Day Daycare Services Employment Equity



Modified Facilities Modified Job Functions Modified Worksite Modified Workstation Maternity/Paternity Leave Religious Observance Technical Aids Telework

Implementing Employment Equity in your Workplace Step 2 - Part 2: Employment System Review

Checklist

2012-09-25, 11:39 Page 1 of 1

To finalize task A - Establish employment systems review methodology, I:

established who will lead and conduct the employment systems review;

created a communication strategy that includes my organization’s first communication regarding the initiation and objective of the employment systems review;

distributed my first communication regarding the launch of my employment systems review to all employees, managers, bargaining agents and employee representatives.

To finalize Task B - Review the results of my workforce analysis, flow data analysis and clustering analysis, I:

reviewed the results of my workforce analysis to focus my employment systems review;

analyzed the results of my flow data analysis, if one was conducted;

analyzed the results of my clustering analysis, if one was conducted.

To finalize Task C - Identify all relevant system, policies and practices, I:

identified all systems, policies and practices that may relate to gaps in representation;

recorded all relevant systems, policies and practices in my summary results table.

To finalize Task D - Review Policies, practices, attitudes and corporate culture to identify adverse impact, I:

analyzed identified systems, policies and practices to determine their impact on all employees and applicants, both those who are and those who are not members of a designated group;

recorded analysis results and identified barriers.

To finalize Task E - Develop recommendations to respond to barriers, I:

considered, and potentially made, recommendations for the removal of identified barriers.

To finalize Task F - Design a process for reviewing new policies and practices, I:

designed a process for reviewing any new policies and practices that are developed to ensure they do not create a barrier for designated group members.

To finalize Task G - Prepare an employment systems review summary report and communicate results, I:

prepared a summary report of my employment systems review;

communicated the results of my employment systems review to all employees, managers, unions and employee representatives.

Sample Communication –

Results of Employment Systems Review


To: All Employees Date: [Date]

From: President/CEO

Subject: Results of the Employment Systems Review

[Organization’s name] has completed a review of our employment systems. The employment systems review helps ensure that our workplace is a fair and supportive environment for all employees and that it is inclusive of women, Aboriginal peoples, persons with disabilities and members of visible minorities in the areas of:

• recruitment, selection and hiring;

• training and development;

• promotion;

• retention and termination; and

• reasonable accommodation.

Employment barriers were identified and recommendations were made to remove them. This information will be compiled into [Organization’s name]’s employment equity plan and will include our goals and corresponding time frames, as well as the names of the managers responsible for ensuring that these employment equity goals are achieved.

We would like to thank all of you for participating in the process. As soon as the employment equity plan has been finalized, copies will be distributed and posted throughout the organization.

If you have any questions, please contact [Name of employment equity contact] by phone at [Phone number] or by e-mail at [E-mail address].

Thank you again for your support and co-operation.

___________________________

[Name of President/CEO]