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Chapter 2 - Employment Equity
Chapter 2 Relevant Forms
Chapter
2 Relevant Staffing Module
2.1 Sources of Information
2.1.1 Legislation
2.1.2 Other References
2.2 Policy Statement
Employment equity is an integrated and fundamental component of good
human resources management. Employment practices must be barrier free
and provide the Public Service with a competent, non-partisan workforce
that is representative of the Canadian public that it serves.
2.3 Value-Based Approach
Canadians expect that their needs, concerns and interests are reflected
in the services, programs and policies provided by the Government. Achieving
Canadians' expectations requires a public service workforce that is competent,
non-partisan and representative of the population it serves. Indeed, Canadians
are better served when public servants reflect a rich diversity of backgrounds,
ideas and views. A diverse labour force enhances creativity and innovation,
a broader range of skills, better decisions based on varying perspectives,
improved service to diverse clients and the ability to recruit the best
talent from the entire labour pool.
The Canadian Human Rights Act, the Employment Equity Act
and the Public Service Employment Act are explicit recognition
of the government's commitment to the value of representativeness and
to institute positive measures to address under-representation of the
designated
groups and to remove systemic barriers in the employment systems which
prevent the achievement of a representative workforce.
2.4 Merit and Representativeness
The merit principle is the basis for building and sustaining a representative
workforce. Merit reflects three values found in legislation - non-partisanship,
competence and representativeness. In a merit-based Public Service, people
are selected on the basis of their competence through processes that are
fair, equitable and transparent. Where there is under-representation of
certain groups in society, positive efforts are made to hire competent
individuals from these groups to ensure the Public Service becomes representative.
Within the context of the positive measures and programs put in place,
individuals are selected on the basis of their skills and abilities or
competence. In this way the expectations of Canadians for a competent,
non-partisan and representative workforce are met.
2.5 Programs and Services
There are a number of positive tools, programs and services available
to assist departments in achieving and sustaining a representative workforce.
2.5.1 Departmental Employment Equity Programs
Employment equity programs can be established to assist departments in
the recruitment, retention, internal selection and development of persons
belonging to designated groups - Aboriginal people, persons who are members
of a visible minority, persons with disabilities and women. Under subsection
5.1(3)
of the PSEA, the Commission may, at its discretion, act on any request
submitted by a Deputy Head, to implement an employment equity program
(Organizations
with EE Programs)
Departmental employment equity programs can be used to help meet employment
equity objectives where there is under-representation. They can be structured
in a variety of ways to best meet the needs and goals of the organization
which may include authority for:
- internal staffing processes and/or external recruitment
- term and/or indeterminate appointments for one or more of the designated
groups
- developmental programs and may include acting appointments
- appointments either with or without competition or a combination of
both
All EE programs are:
- excluded from the application of the provisions of the PSEA dealing
with prohibited
grounds of discrimination, area
of selection and right
of appeal.
- excluded from the priority
provisions unless the person entitled to priority consideration
is a member of the employment equity group(s) targeted by the employment
equity program. Priority clearance is therefore required for appointments,
other than acting appointments, in the context of EE programs. Only
individuals who have self-identified when entered into the priority
administration system will be referred for EE program appointments.
- subject to the application of either relative or individual merit
(i.e. PSEA 10(1)
or 10(2),) (other than acting appointments). Depending on the employment
equity program, one type of merit may be more appropriate than the other
and this will be determined based on the program objective and scope.
- excluded from the application of merit and of right to appeal for
the duration of acting appointments. This enables departments to use
acting appointments for developmental purposes as a component of an
employment equity program, i.e. for employees to acquire or enhance
skills, knowledge, abilities and other qualifications.
The Commission considers the following information when reviewing a program
for approval:
- when a departmental workforce analysis is conducted and the results
indicate that designated groups in occupational groups are under-represented;
- when an employment system review is conducted and the results indicate
that a department has unsuccessfully addressed barriers and therefore
has not obtained representation goals, despite enhanced recruitment
efforts; and
- when a department assures the PSC that the employment equity program
will be used in the context of good human resources management practices.
To assist departments in submitting a request for a departmental employment
equity program, a template
is available.
2.5.2 PSC Employment Equity Program
A. For Ad Hoc Appointments
While the Commission believes that it is important to take a planned
approach to meeting employment equity objectives, it also recognizes that
establishing a formal program for appointments is not always feasible,
e.g. for small departments or in situations where a small number of appointments
is all that is needed. Departments that do not have their own employment
equity programs may request referrals of designated group members from
the PSC. In these cases, the PSC will provide departments with referrals
that are limited to candidates from one or more of the designated employment
equity groups.
Referrals may be for specified period (term) or indeterminate appointments.
Departments have authority to make appointments resulting from these referrals
under existing delegation arrangements.
Where term employees are hired as a result of referrals from the PSC
Employment Equity program for Ad Hoc Appointments, it is possible to change
their employment status from term to indeterminate at a later date. These
subsequent appointments will not require the assessment of other candidates
or the posting of notice of right to appeal, but the person must be qualified
and the appointment must not result in a promotion. Departments also have
delegation to make these appointments.
B. Employment Equity Program For Executives
The Employment Equity (EE) Program for Executives provides support to
departments in their efforts to increase designated group representation
by facilitating the appointment of members of a visible minority group,
Aboriginal peoples, and persons with disabilities to EX 1 to EX 3 positions
in all departments with a signed Staffing
Delegation and Accountability Agreement. It is intended to supplement
other initiatives being undertaken by departments. This program does not
apply to Health Canada and National Defence because both have pre-existing
Employment Equity Programs which cover these three designated groups.
The features of the program are:
- PSC Executive Resourcing Consultants, on behalf of departments, may
target selection processes to a particular designated group;
- indeterminate and term appointments may be made from open, closed
or without competition selection processes; and,
- appointments may be made using individual or relative merit.
Departments requesting use of the program will be required to provide
a brief rationale signed by the Deputy Minister which should include,
as a minimum:
- demographic information which clearly demonstrates that the department's
representation of executives from the particular designated being targeted
is below the labour market availability rate; and,
- a description of how the position(s) being filled fits into the department's
overall plan to achieve a more representative workforce.
2.5.3 Employment Equity and Area of Selection
The area of selection for competitions can be used as an effective tool
to increase the representation of designated group members in the candidate
pool. Under subsection 13(2)
of the PSEA, departments can expand an area of selection so that it
will include only members of one or more designated group from the broader
area. For example, in an open competition the area of selection could
be -Persons residing or employed in Edmonton, Calgary, Regina, Saskatoon,
Winnipeg and women and aboriginals residing or working across Canada.
Chapter 4, Area of Selection, provides
additional information concerning this provision.
2.5.4 Other Employment Equity Initiatives
Employment Equity initiatives are required to help redress the imbalances
in the work force and to overcome specific employment impediments. The
specific measures described below are important tools for employment equity
programs and they may be helpful to departments that are trying to implement
their employment equity plans and achieve their employment goals.
A. Employment
Equity Positive Measures Program (EEPMP)
The Employment
Equity Positive Measures Program (EEPMP) (PSC site)
was established by the Treasury Board in October 1998 as a temporary
program to help build employment equity capacity in the Public Service.
Its goals
were to assist in integrating employment equity practices in the workplace
by providing information, tools and skill development for achieving
a
representative workforce.
The EEPMP ended March 31, 2002. For ongoing use, best
practices, tools and lessons learned have been documented with a view
to sharing knowledge.
B. Career and Development Programs
Certain development programs in the Public Service incorporate an employment
equity program. These include the Accelerated Executive Development Program
(AEXDP), the Career
Assignment Program (CAP), the Interchange Canada Program
and the Management Trainee Program (MTP).
The objectives of the AEXDP are to identify a representative group of
executives at the EX-1 to EX-3 level who demonstrate the potential to
become Assistant Deputy Minister, and to accelerate their development
and career advancement.
Career Assignment
Program (CAP)
A federal Public Service initiative that seeks to identify a representative
group of individuals who have demonstrated executive potential, and accelerate
their development and advancement.
Interchange Canada promotes linkages between the federal government and
organizations in the private sector or in other levels of government,
both within Canada and internationally. These linkages are created through
the arrangement of executives to take on temporary assignments in different
sectors.
Management Trainee
Program (MTP)
The objective of the Management
Trainee Program (MTP) is to recruit and
develop highly qualified individuals for key positions of responsibility
in the federal Public Service of Canada. It offers talented graduates
and employees with high potential, the opportunity to lead a representative
and diverse Public Service into the future.
C. Federal Public Service Job Accommodation Network
The Federal
Public Service Job Accommodation Network is a single-window approach
for both managers and employees with disabilities, aimed at facilitating
greater access to advice, policy interpretation and services. The network
is designed with a view to facilitate faster assessments and effective
accommodation through a network of service providers and to actively monitor
referrals.
2.6 Employment Systems Review
An Employment Systems Review (ESR) is a comprehensive examination of
an organization's policies and practices to identify and permit removal
of systemic and attitudinal barriers to employment opportunities for persons
in the designated groups.
Employment
Systems Review: A Guide for the Federal Public Service - This
Guide is a reference document intended to assist departments and
agencies of
the federal Public Service when conducting an ESR. The Guide contains
general information, guidelines and suggestions on how to proceed,
what
to consider and what to focus on when reviewing employment policies and
practices.
A Guide entitled "Data
Elements of an Employment Systems Review" is also available.
This guide is intended to help departments and agencies of the federal
Public Service use and interpret quantitative data elements relevant to
an ESR.
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