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Employment System Review

Employment Systems Review: Guide to the Audit Process

TABLE OF CONTENTS

Purpose

Compliance Checklist

Part 1: Background
1.1  References
1.2  Importance of the systems review

Part 2:  Legal Framework
2.1  Which systems the review must examine: private sector context
2.2  Which systems the review must examine: public sector context
2.3  Keeping the ESR up-to-date
2.4  When employers not required to do an ESR
2.5  Documenting results

Part 3:  Assessment Factors
3.1  Reviewing policies and practices
3.1.1  Reviewing policies and practices
3.1.2  Has the employer completed the following steps
           Step One: is the ESR based on reliable data?
           Step Two: does the ESR cover all policies and practices?
           Step Three: does the ESR determine the presence of an adverse impact?
           Step Four: is the practice valid?
3.1.3  Claiming a BFOR
3.1.4  Determining factors in validating a practice
3.1.1  Is the practice legal?
  .1.4  Is the practice applied consistently?
3.1.4  Is the practice necessary for the safe and efficient operation of the organization?
3.1.4  Is accommodation possible?
3.1.4  Has an alternative system been considered?
3.1.5  ESR in a public service context
3.2  Shares of hiring
3.3  Shares of promotion
3.4  Shares of termination
3.4.1  Focusing the ESR
3.4.2  Accommodation
3.4.3  Examine shares of hirings, promotions and terminations
3.5  Documenting results
3.5.1  Report of findings
3.6  Reviewing new systems
3.6.1 Reviewing new measures as they are introduced

Part 4:  Assessing Compliance
4.1 Materials for review
4.2 Sampling areas for in depth review
4.3 Key audit considerations
4.4 Where an employer claims a BFOR
4.5 Judging the thoroughness of the approach
4.6 Verifying conclusions
4.7 Determining compliance
4.8 Audit Review Committee
4.9 Undertakings

Employment Equity
December 2002