POLICY 14
Concerning Equal Access to Employment Program This Policy was adopted by Resolution Number XXX‐XX on September 15, 2009 Policy 14 Concerning Equal Access Employment Program Table of Contents Preamble ............................................................................................................................... 1 1. Background .................................................................................................................... 1 2. Workforce Analysis ......................................................................................................... 2 3. Equal Access to Employment Program ............................................................................ 2 4. Temporary Corrective Measure – Preferential Nomination ............................................ 3 5. Equal Opportunity Measures ......................................................................................... 4 6. Supportive Measures ..................................................................................................... 5 7. Consultation and Information ........................................................................................ 5 8. Program Limits ............................................................................................................... 6 9. Periodic Policy Renewal .................................................................................................. 6 10. Responsibility for Applying this Policy ............................................................................. 6 11. Effective Date ................................................................................................................. 6 Policy 14 concerning Equal Access to Employment Program 1
PREAMBLE John Abbott College is committed to: •
Developing policies, programs, practices and traditions that facilitate John Abbott College’s goal to achieve and maintain a representative workforce through the full participation of groups which are identified to be under‐represented, especially women, disabled persons, ethnic minorities (mother tongue other than English or French), visible minorities (by race or skin colour) and Aboriginal people (hereafter referred to as ‘designated groups’). •
Recruiting and retaining academic, support, professional and administrative staff on the basis of individual merit and achievement, while ensuring that all persons and, in particular, members of the designated groups, will have genuine, open and unhindered access to employment opportunities free from artificial barriers. •
Achieving equality in the workplace so that no member of a designated group is denied employment opportunities for reasons unrelated to ability by giving effect to the principle that employment equity means more than treating persons in the same way but also, requires special measures and the accommodations of differences. •
Identify those sectors of the College workforce, wherein members of the designated groups are under‐represented, to develop measures to address such under‐representation. However, in the pursuit of employment equity, it is understood that John Abbott College will not: •
Engage in Reverse Discrimination – Employment equity works to change the composition of a workforce so that it better reflects society. Employment equity is not reverse discrimination, which occurs when a less qualified candidate is hired over a better qualified one. •
Impose Quotas – Employment equity does not involve the imposition of quotas for the hiring of members from designated groups. Rather, its goal is the enlargement of the pool of appropriately qualified candidates by encouraging application from a broader range of persons. 1. Background The Provincial Government first adopted the ‘Act Respecting Equal Access to Employment in Public Bodies’ in 2001. Amendments have followed. The Act is based on the assumption that generally women, minorities and disabled persons are disadvantaged by current hiring policies of employers. Article 1 details the objective and scope of the Act. This Act establishes a special framework to provide equal access to employment in order to remedy the situation experienced by persons belonging to certain groups discriminated against in employment, namely women, disabled persons within the meaning of the Act to secure disabled persons in the exercise of their rights with a view to achieving social, school and workplace integration ( chapter E‐20.1), aboriginal peoples, persons who are members of visible minorities because of their race or the Policy 14 concerning Equal Access to Employment Program 2
colour of their skin and persons whose mother tongue is neither French nor English and who belong to a group other than the aboriginal peoples group or the visible minorities group. The special framework referred to, once in place, will have as its objective: •
To sensitize the general population to the inequity in the hiring of women, aboriginals, visible and ethnic minorities and disabled persons for positions in public institutions; •
To support the aforementioned groups of people in their quest for employment in public institutions; •
To achieve a degree of representation of these targeted groups that mirrors the relevant labour market. 2. Workforce Analysis The first requirement of the Act is for employers to perform an analysis of existing personnel in order to determine the number of target group members in each of its occupational groups. The analysis is sent to the Commission des droits de la personne et des droits de la jeunesse whose responsibility is to compare the employer’s data with the overall percentage of qualified targeted group members in each occupational group. John Abbott College has 23 occupational groups. The College has conducted its analysis and forwarded it to the Commission. The College was deemed to have an under‐representation in a number of its occupational groups. By virtue of its powers under Article 9 of the Act, the Commission demanded that the College adopts an Equal Access to Employment Program. A public body is required to establish an equal access to employment program for a type of occupation or occupational group where, in the Commission's opinion, the representation of a target group in the type of occupation or occupational group within the public body's workforce generally does not reflect the representation of the target group among qualified persons in the applicable recruitment area. 3. Equal Access to Employment Program Article 13 of the Act states the purpose of an equal access to employment program and details its content: The purpose of an equal access to employment program is to increase the representation of each target group concerned in the workforce and to correct practices in employment systems. Policy 14 concerning Equal Access to Employment Program 3
An equal access to employment program shall comprise the following: 1) a review of employment systems and more particularly of recruitment, training and promotion policies and practices; 2) numerical goals, by type of occupation or by occupational group, to be achieved with respect to each target group concerned; 3) temporary corrective measures with specified goals, by type of occupation or by occupational group, for the hiring or promotion of persons in each target group concerned; 4) equal opportunity measures and, if needed, support measures to eliminate discriminatory management practices; 5) a timetable for the implementation of measures and the achievement of goals; 6) measures to consult and inform the personnel and their representatives; and 7) the identity of the person in a position of authority who is responsible for the implementation of the program. John Abbott College, with the participation of its various associations and unions, has drafted and submitted its Equal Access to Employment Program to the Commission. The Program has received acceptance. In accordance with item 1 and 2 of Article 13, the College has completed its review of recruitment policies and practices and received the numerical goals from the Commission. As part of its Equal Access to Employment Program, the College has made commitments regarding the other items of Article 13. These are described below. 4. Temporary Corrective Measure – Preferential Nomination The process of preferential nomination is the only temporary corrective measure in the College Equal Access to Employment Program. It consists in the selection of a qualified candidate but not necessarily the top short listed candidate. It is important to correct the notion that the application of preferential nomination will result in the hiring of unqualified personnel. There are no such obligations under the Law. However, in cases where preferential nomination is applied, the chosen candidate, while meeting all requirements of the position, may not necessarily be the candidate who ranks first in the competition. For example, of three Policy 14 concerning Equal Access to Employment Program 4
short listed candidates who meet all the requirements of a particular position, if the position is in an occupational group that is under‐represented, the candidate from the occupational group is hired. Preferential nomination is a commitment made by the College under the Equal Access to Employment Program and must be applied until the under‐representation is resolved. The Director General makes the decision on a recommendation from the Director of Administrative Services as to when it is applied. 5. Equal Opportunity Measures Equal opportunity measures aim to eliminate discriminatory hiring practices and to insure the right of all personnel to equal treatment. These measures are permanent. The commitments made by the College under equal opportunity measures are in the following areas. 1) Recruitment: •
Encourage the application of candidates belonging to targeted groups; •
Ensure that postings have a wording that is applicable to all groups. If the masculine form is used, indicate that the text applies to women as well as men; •
Notify the organizations that promote the interests of the targeted groups of impending postings. 2) Selection: •
Develop a manual of procedures for selection committee members; •
Standardize the use of forms in the hiring process such as recommendation and reference verification; •
Inform and heighten awareness of selection committee members to the objectives of the Equal to Access to Employment Program. 3) Personnel Evaluation: The objective of performance evaluation is to support individuals in their professional development in order to better contribute to the goals of the institution. 4) Training and Development The objective is to improve one’s skills and knowledge in order to satisfactorily meet current and future assignments. The Human Resources Department provides in‐service training in recruitment, selection procedures, performance evaluation and equal access to employment. 5) Orientation and Integration The objective is to provide support to existing and new personnel. The Human Resources Department is given the responsibility to: •
Develop an employee guide; •
Organize orientation sessions for new employees; •
Develop and promote a policy against employment harassment. Policy 14 concerning Equal Access to Employment Program 5
6. Supportive Measures Item 4 of Article 13 refers to “if needed, supportive measures, to eliminate discriminatory practices”. These measures are intended primarily for members of targeted groups although they are also available to other personnel. Members of targeted groups may encounter employment problems which present obstacles in attaining the objectives of the College Equal Access to Employment Program. It is hoped that the problems can be resolved by these supportive measures. For instance, a day care program may encourage women to apply to John Abbott College. The supportive measures reported in the College Equal Access to Employment Program are: 1) Employee Assistance Program 2) Day care for College personnel 3) Aerobic classes and physical training 4) Recognition of long term service 5) Social events organized by the College 6) Summer hours schedule 7) Flu vaccination clinic 7. Consultation and Information In Article 13, item 6, requires that the Equal Access to Employment Program encompasses a process of consultation and information. It is expected that these measures will provide College personnel with a common understanding of the contents of the Program and its goals. A greater knowledge and appreciation of the Program will ensure its success. The associations and unions within the College were and are consulted on the content and changes to the Program. The Human Resources Department will be responsible to inform College personnel on: •
the objectives of the Program •
the results of the analysis made by the Commission •
the numerical goals set by the Commission •
the temporary corrective measures and other measures that must be put in place •
the timetable for the implementation of the measures and achievement of goals •
the progress of the program and the results obtained Policy 14 concerning Equal Access to Employment Program 6
8. Program Limits Article 14 of the Act provides safeguards for the College in its hiring practices. An equal access to employment program cannot require a public body to: 1)
hire or promote unqualified persons; 2)
hire or promote persons without basing the hiring or promotion on merit in cases where a collective agreement or established practices require that hiring or promotion be based on selection according to merit ; 3)
take actions that would be unduly prejudicial to the interests of the public body or of persons who are not members of a target group concerned; 4)
create new positions in its workforce; or 5)
exclude seniority as a criterion for hiring, promotion, dismissal, layoff, recall or redeployment. 9. Periodic Policy Renewal All of the practices and procedures set forth in this policy are open to review and re‐evaluation. The Director of Administrative Services will report to the Board of Governors at least every three years on the extent of compliance with this policy and recommend any necessary changes. 10. Responsibility for Applying this Policy The Director of Administrative Services is responsible for applying this policy. 11. Effective Date This policy was approved by Board Resolution _________ on _________ and became effective on the same date. Policy 14 concerning Equal Access to Employment Program