Changes

Once these principles are understood. it becomes essential to identify how they are applied across the SERLO/WFA lifecycle. The following chart illustrates where bias can enter and what corrective actions are required at each stage.

Once these principles are understood. it becomes essential to identify how they are applied across the SERLO/WFA lifecycle. The following chart illustrates where bias can enter and what corrective actions are required at each stage.

{| class="wikitable"

{| class="wikitable"

|Stage

|'''Stage'''

|Official Activity

|'''Official Activity'''

|Where Bias Can Enter

|'''Where Bias Can Enter'''

|Corrective Actions

|'''Corrective Actions'''

|-

|-

|Planning

|'''Planning'''

|Determine the desired current and future state of the organization; determine the affected part(s); identify positions and affected employees; notify OCHRO/TBS, bargaining agents, and employees.

|Determine the desired current and future state of the organization; determine the affected part(s); identify positions and affected employees; notify OCHRO/TBS, bargaining agents, and employees.

|Defining the affected part(s) at a level that is not functionally justified can isolate specific employees.

|Defining the affected part(s) at a level that is not functionally justified can isolate specific employees.

|Document the functional rationale for the affected part(s) and link to business/HR plans; issue required written notifications to OCHRO/TBS, bargaining agents, and employees per SERLO steps.

|Document the functional rationale for the affected part(s) and link to business/HR plans; issue required written notifications to OCHRO/TBS, bargaining agents, and employees per SERLO steps.

|-

|-

|Establishing the Merit Criteria

|'''Establishing the Merit Criteria'''

|Establish the Statement of Merit Criteria: essential qualifications, asset qualifications, operational requirements, organizational needs.

|Establish the Statement of Merit Criteria: essential qualifications, asset qualifications, operational requirements, organizational needs.

|Over‑tailored asset qualifications or experience statements that function as proxies for tenure can distort merit and exclude already‑qualified employees.

|Over‑tailored asset qualifications or experience statements that function as proxies for tenure can distort merit and exclude already‑qualified employees.

|Write qualifications in plain, neutral, assessable language; distinguish essential vs asset; justify operational requirements; define organizational needs aligned to current and future state.

|Write qualifications in plain, neutral, assessable language; distinguish essential vs asset; justify operational requirements; define organizational needs aligned to current and future state.

|-

|-

|Conducting the Assessment

|'''Conducting the Assessment'''

|Determine assessment methods; complete Step 9: Identification of biases and barriers; conduct assessments with qualified assessors and respect duty to accommodate.

|Determine assessment methods; complete Step 9: Identification of biases and barriers; conduct assessments with qualified assessors and respect duty to accommodate.

|Use of subjective factors (e.g., undefined “fit” or “visibility”) introduces affinity bias and undermines fair assessment.

|Use of subjective factors (e.g., undefined “fit” or “visibility”) introduces affinity bias and undermines fair assessment.

|Apply structured tools (structured interviews, structured reference checks, standardized scoring) and accommodation guidance; ensure assessor competency and official language capacity; document the bias/barrier review before assessment.

|Apply structured tools (structured interviews, structured reference checks, standardized scoring) and accommodation guidance; ensure assessor competency and official language capacity; document the bias/barrier review before assessment.

|-

|-

|Administering Alteration

|'''Administering Alteration'''

|Administer alternation for opting or surplus employees within the core public administration at the same group/level or equivalent, subject to meeting essential qualifications and language requirements; options chosen within 120 days when no GRJO is provided.

|Administer alternation for opting or surplus employees within the core public administration at the same group/level or equivalent, subject to meeting essential qualifications and language requirements; options chosen within 120 days when no GRJO is provided.

|Opaque “taps on the shoulder” and informal matching can exclude eligible employees; inconsistent application of equivalency rules creates unfair access.

|Opaque “taps on the shoulder” and informal matching can exclude eligible employees; inconsistent application of equivalency rules creates unfair access.

|Centralize and publicize alternation opportunities; apply equivalency criteria consistently; verify the employee meets the position’s essential qualifications and language profile before approving the alternation.

|Centralize and publicize alternation opportunities; apply equivalency criteria consistently; verify the employee meets the position’s essential qualifications and language profile before approving the alternation.

|-

|-

|Conducting SERLO

|'''Conducting SERLO'''

|Conduct selection for retention or lay‑off (SERLO); provide written notice; record reasons for selection; then administer Priority Administration for surplus/lay‑off entitlements in the proper order of precedence.

|Conduct selection for retention or lay‑off (SERLO); provide written notice; record reasons for selection; then administer Priority Administration for surplus/lay‑off entitlements in the proper order of precedence.

|Relying on outdated workforce data to justify that representation meets organizational needs can misalign decisions with current Employment Equity Act obligations.

|Relying on outdated workforce data to justify that representation meets organizational needs can misalign decisions with current Employment Equity Act obligations.

!Legal/Policy Requirements

!Legal/Policy Requirements

|-

|-

!1. Define the “Affected Part” of the Organization

!Define the Affected Part of the Organization

|• Establish the affected part(s) as part of SERLO planning (current & future state). • Identify positions and affected employees. • Notify OCHRO/TBS, bargaining agents, and employees.

|• Establish the affected part(s) as part of SERLO planning (current & future state). • Identify positions and affected employees. • Notify OCHRO/TBS, bargaining agents, and employees.

|If the affected part(s) are defined too narrowly without functional justification, selections can isolate specific employees or equity groups.

|If the affected part(s) are defined too narrowly without functional justification, selections can isolate specific employees or equity groups.

|“Step 2: Determine the affected part(s) of the organization.” (PSC, ''Selection of employees for retention or lay‑off: Guide for managers and HR specialists'') [[/www.ceiu-seic.ca/alternation faq|[ceiu-seic.ca]]] — “Where the deputy head determines… that some but not all of the employees in any part of the deputy head’s organization will be laid off, the employees to be laid off shall be selected in accordance with the regulations of the Commission.” (PSEA, s.64(2)) [[/www.justice.gc.ca/eng/abt-apd/pgbap-pacsp.html|[justice.gc.ca]]] — “Workforce adjustment… when it has been determined that a position is no longer required due to lack of work, discontinuance of a function, relocation, or an alternative delivery initiative.” (Canada.ca WFA overview) [[/www.canada.ca/en/public-service-commission/services/publications/2025-2026-departmental-plan/gba-plus-supplementary-info-table.html|[canada.ca]]]

|“Step 2: Determine the affected part(s) of the organization.” (PSC, ''Selection of employees for retention or lay‑off: Guide for managers and HR specialists'') [[/www.ceiu-seic.ca/alternation faq|[ceiu-seic.ca]]] — “Where the deputy head determines… that some but not all of the employees in any part of the deputy head’s organization will be laid off, the employees to be laid off shall be selected in accordance with the regulations of the Commission.” (PSEA, s.64(2)) [[/www.justice.gc.ca/eng/abt-apd/pgbap-pacsp.html|[justice.gc.ca]]] — “Workforce adjustment… when it has been determined that a position is no longer required due to lack of work, discontinuance of a function, relocation, or an alternative delivery initiative.” (Canada.ca WFA overview) [[/www.canada.ca/en/public-service-commission/services/publications/2025-2026-departmental-plan/gba-plus-supplementary-info-table.html|[canada.ca]]]

|-

|-

!2. Establish Merit Criteria (SoMC)

!Establish Merit Criteria (SoMC)

|Deputy Head determines qualifications, requirements, and organizational needs for the SERLO: • Essential qualifications (including official language proficiency) • Asset qualifications • Operational requirements • Organizational needs

|Deputy Head determines qualifications, requirements, and organizational needs for the SERLO: • Essential qualifications (including official language proficiency) • Asset qualifications • Operational requirements • Organizational needs

|• Over‑tailored asset qualifications or experience statements that act as proxies for tenure. • Operational requirements that create barriers.

|• Over‑tailored asset qualifications or experience statements that act as proxies for tenure. • Operational requirements that create barriers.

|“The deputy head must determine (a) the essential qualifications… and any additional qualifications… as an asset; and (b) any relevant current or future operational requirements or needs of the organization.” (PSER, s.22(2)) — “Deputy heads must respect the duty to accommodate throughout the appointment process [and] respect employment equity obligations throughout the appointment process.” (PSC ''Appointment Policy'') [[/syndicatafpc.ca/node/12432|[syndicatafpc.ca]]] — “Organizational needs – employment equity, placing employees affected by workforce adjustment, respecting a land claims agreement, when they apply.” (VAC, ''How to read a job advertisement'') — “Employers… have an obligation to adjust rules, policies or practices to enable everyone to participate fully… called the duty to accommodate.” (Canadian Human Rights Commission)

|“The deputy head must determine (a) the essential qualifications… and any additional qualifications… as an asset; and (b) any relevant current or future operational requirements or needs of the organization.” (PSER, s.22(2)) — “Deputy heads must respect the duty to accommodate throughout the appointment process [and] respect employment equity obligations throughout the appointment process.” (PSC ''Appointment Policy'') [[/syndicatafpc.ca/node/12432|[syndicatafpc.ca]]] — “Organizational needs – employment equity, placing employees affected by workforce adjustment, respecting a land claims agreement, when they apply.” (VAC, ''How to read a job advertisement'') — “Employers… have an obligation to adjust rules, policies or practices to enable everyone to participate fully… called the duty to accommodate.” (Canadian Human Rights Commission)

|-

|-

!3. Conduct the Assessment

!Conduct the Assessment

|• Determine assessment methods (e.g., review of past performance, interviews, exams). • Step 9: Identify biases and barriers before applying any method. • Assess employees using structured tools; ensure assessor qualifications and official languages obligations are met.

|• Determine assessment methods (e.g., review of past performance, interviews, exams). • Step 9: Identify biases and barriers before applying any method. • Assess employees using structured tools; ensure assessor qualifications and official languages obligations are met.

|Use of subjective factors (e.g., undefined “fit” or “visibility”) introduces affinity bias, undermining fair selection among already‑qualified employees.

|Use of subjective factors (e.g., undefined “fit” or “visibility”) introduces affinity bias, undermining fair selection among already‑qualified employees.

|“The deputy head may… use any assessment method… such as a review of past performance and accomplishments, interviews and examinations.” (PSER, s.22(4)) — “Before using an assessment method, the deputy head must conduct an evaluation to identify whether the assessment method… includes or creates biases or barriers… and make reasonable efforts to remove or mitigate [them].” (PSER, s.22(5)) — “Step 9: Identification of biases and barriers.” (PSC ''SERLO Guide'') [[/www.ceiu-seic.ca/alternation faq|[ceiu-seic.ca]]] — “Ensure that those conducting the assessment have the necessary competencies… to assess the qualifications.” (PSC ''Appointment Policy'') [[/syndicatafpc.ca/node/12432|[syndicatafpc.ca]]]

|“The deputy head may… use any assessment method… such as a review of past performance and accomplishments, interviews and examinations.” (PSER, s.22(4)) — “Before using an assessment method, the deputy head must conduct an evaluation to identify whether the assessment method… includes or creates biases or barriers… and make reasonable efforts to remove or mitigate [them].” (PSER, s.22(5)) — “Step 9: Identification of biases and barriers.” (PSC ''SERLO Guide'') [[/www.ceiu-seic.ca/alternation faq|[ceiu-seic.ca]]] — “Ensure that those conducting the assessment have the necessary competencies… to assess the qualifications.” (PSC ''Appointment Policy'') [[/syndicatafpc.ca/node/12432|[syndicatafpc.ca]]]

|-

|-

!4. Determine Organizational Needs (Representation Analysis)

!Determine Organizational Needs (Representation Analysis)

|• Establish organizational needs; Employment Equity can be applied when justified. • Perform a representation gap analysis using current availability/representation.

|• Establish organizational needs; Employment Equity can be applied when justified. • Perform a representation gap analysis using current availability/representation.

|Reliance on outdated 2021 workforce availability can misstate current gaps and embed bias in selections.

|Reliance on outdated 2021 workforce availability can misstate current gaps and embed bias in selections.

|“The deputy head must determine… operational requirements or needs of the organization.” (PSER, s.22(2)(b)) — “Organizational needs – employment equity… when they apply.” (VAC) — “Deputy heads must… respect employment equity obligations throughout the appointment process.” (PSC ''Appointment Policy'') [[/syndicatafpc.ca/node/12432|[syndicatafpc.ca]]] — “Public service‑wide initiatives on equity… representation and workforce availability reporting to address gaps.” (TBS ''Employment Equity Annual Report 2023–24'') [[/www.canada.ca/en/public-service-commission/services/publications/2025-2026-departmental-plan/gba-plus-supplementary-info-table.html|[canada.ca]]]

|“The deputy head must determine… operational requirements or needs of the organization.” (PSER, s.22(2)(b)) — “Organizational needs – employment equity… when they apply.” (VAC) — “Deputy heads must… respect employment equity obligations throughout the appointment process.” (PSC ''Appointment Policy'') [[/syndicatafpc.ca/node/12432|[syndicatafpc.ca]]] — “Public service‑wide initiatives on equity… representation and workforce availability reporting to address gaps.” (TBS ''Employment Equity Annual Report 2023–24'') [[/www.canada.ca/en/public-service-commission/services/publications/2025-2026-departmental-plan/gba-plus-supplementary-info-table.html|[canada.ca]]]

|-

|-

!5. Selection and Notification

!Selection and Notification

|• Conduct SERLO selection; establish merit list and determine the cut‑off for retention vs. lay‑off. • Provide written notice to laid‑off and retained employees. • Record reasons for selection. • Administer priority entitlements.

|• Conduct SERLO selection; establish merit list and determine the cut‑off for retention vs. lay‑off. • Provide written notice to laid‑off and retained employees. • Record reasons for selection. • Administer priority entitlements.

|A cut‑off line that produces adverse impact on a protected group without mitigation may contravene EE obligations and fairness principles.

|A cut‑off line that produces adverse impact on a protected group without mitigation may contravene EE obligations and fairness principles.

|“Provide written notice… Step 13; and record the reasons for the selection… Step 14.” (PSC ''SERLO Guide'') [[/www.ceiu-seic.ca/alternation faq|[ceiu-seic.ca]]] — “A deputy head must, before laying off an employee, provide a written notice… including: (a) statement; (b) reason; (c) right to complaint; (d) date; (e) lay‑off date or later advice.” (PSER, s.21(1)(a)–(e)) [[/www150.statcan.gc.ca/n1/daily-quotidien/240209/dq240209a-eng.htm|[www150.statcan.gc.ca]]] — “Priority for appointment… shall be given… to a person laid off pursuant to subsection 64(1).” (PSEA, s.41(4)) [[/psacunion.ca/sites/psac/files/2025-psac-wfa-members-guide.pdf|[psacunion.ca]]]

|“Provide written notice… Step 13; and record the reasons for the selection… Step 14.” (PSC ''SERLO Guide'') [[/www.ceiu-seic.ca/alternation faq|[ceiu-seic.ca]]] — “A deputy head must, before laying off an employee, provide a written notice… including: (a) statement; (b) reason; (c) right to complaint; (d) date; (e) lay‑off date or later advice.” (PSER, s.21(1)(a)–(e)) [[/www150.statcan.gc.ca/n1/daily-quotidien/240209/dq240209a-eng.htm|[www150.statcan.gc.ca]]] — “Priority for appointment… shall be given… to a person laid off pursuant to subsection 64(1).” (PSEA, s.41(4)) [[/psacunion.ca/sites/psac/files/2025-psac-wfa-members-guide.pdf|[psacunion.ca]]]

|-

|-

!6. Alternation

!Alternation

|• Administer alternation for eligible opting or surplus employees within the core public administration. • Verify essential qualifications and official languages for the position to be alternated into; apply equivalency rules.

|• Administer alternation for eligible opting or surplus employees within the core public administration. • Verify essential qualifications and official languages for the position to be alternated into; apply equivalency rules.

|Opaque or informal matching (“hidden job market”) excludes eligible employees; inconsistent equivalency application produces unfair access.

|Opaque or informal matching (“hidden job market”) excludes eligible employees; inconsistent equivalency application produces unfair access.