wiki

Changes

Equity in WFA & SERLO / Équité dans le RE et le SEMPMD (view source)

Revision as of 13:26, 12 January 2026

12,201 bytes added ,  12 January
no edit summary
Line 22: Line 22:  
* Canadian Human Rights Act (CHRA) s. 7 & 15: Prohibits adverse effect discrimination (where a neutral rule has a disproportionately negative impact on a protected group). This governs the application of operational requirements like availability or mobility.
 
* Canadian Human Rights Act (CHRA) s. 7 & 15: Prohibits adverse effect discrimination (where a neutral rule has a disproportionately negative impact on a protected group). This governs the application of operational requirements like availability or mobility.
 
* National Joint Council (NJC) Workforce Adjustment Directive: collective agreement provisions which outlines the roles and responsibilities of the employer and the rights of affected employees.
 
* National Joint Council (NJC) Workforce Adjustment Directive: collective agreement provisions which outlines the roles and responsibilities of the employer and the rights of affected employees.
 +
* Related statutes and instruments: Privacy Act, Official Languages Act, Public Service Official Languages Appointment Regulations, and the Public Service Official Languages Exclusion Approval Order.
 +
 +
==== Roles and responsibilities ====
 +
 +
* Treasury Board Secretariat (TBS) OCHRO: sets WFA policies/directives; provides guidance and monitoring.
 +
* Public Service Commission (PSC): SERLO regulatory framework and guidance; official languages exclusion approval order; priority entitlements; oversight and monitoring of SERLO and priority application.
 +
* Deputy Head and departmental management: HR planning; implement WFA (including SERLO, if required); collaborate with TBS and PSC.
 +
 +
==== The SERLO Process: Steps, Actions and Equity Considerations: ====
 +
The SERLO process, as described by PSC, has fourteen steps. The table below outlines each step, the purpose, required actions, references, and equity considerations
 +
{| class="wikitable"
 +
|Step
 +
|Purpose
 +
|Required actions and key requirements
 +
|References
 +
|Equity considerations
 +
|-
 +
|1. Determine the desired current and future state of the organization
 +
|Establish the organizational context, programs, services and priorities to inform WFA and possible SERLO.
 +
|Consult departmental and HR plans. Conduct an environmental scan and workforce analysis, including representation rates of Employment Equity designated groups; identify skills gaps for now and the future.
 +
|PSC SERLO guide (Step 1).
 +
|Use workforce data on representation to inform planning and mitigate adverse impacts on designated groups through evidence‑based decisions.
 +
|-
 +
|2. Determine the affected part(s) of the organization
 +
|Identify the organizational parts where WFA will occur and where SERLO may be required.
 +
|Define the section, division or directorate; geographical area; program or type of work for each affected part. Apply PSEA s. 64 to confirm when lay‑off and selection apply.
 +
|PSEA 64(1), 64(2); PSC SERLO guide (Step 2).
 +
|Clear definition of affected parts supports transparent, consistent application across groups and locations.
 +
|-
 +
|3. Identify the positions and affected employees
 +
|Define the scope of employees included in SERLO.
 +
|Identify positions of the same occupational group and level performing similar duties within the affected part(s). Include substantive incumbents on acting, assignment, secondment or leave. Exclude unique positions, specified‑term employees, those with accepted job offers or confirmed retirements/resignations, executives on special deployments, and temporary resources.
 +
|PSC SERLO guide (Step 3); PSC deck “Not included in SERLO”.
 +
|Apply inclusion and exclusion criteria consistently to avoid unintended barriers; ensure decisions are based on objective similarity of positions and duties.
 +
|-
 +
|4. Notify TBS‑OCHRO, bargaining agents, and employees
 +
|Ensure early, thorough consultation and formal notification.
 +
|Notify TBS‑OCHRO in writing and in confidence before announcement, per WFAD. Notify National Heads of the affected bargaining agents in writing and in confidence. Then notify affected employees in writing; clarify roles and responsibilities aligned to HR delegation. Maintain ongoing communication about career transition for executives with TBS‑OCHRO’s Leadership Policies Division.
 +
|PSC SERLO guide (Step 4).
 +
|Early consultation with bargaining agents promotes transparency and supports equitable treatment; consistent written notices reduce information barriers.
 +
|-
 +
|5. Conduct classification and staffing activities
 +
|Ensure positions reflect the current/future work; use staffing strategies to minimize affected employees.
 +
|Update work descriptions and classification. Create new positions if required; abolish vacant positions. Consider staffing new positions first to place affected employees. In appointment processes, organizational needs can include placement of affected employees; request priority clearance per PSEA s. 43 where applicable.
 +
|PSC SERLO guide (Step 5).
 +
|Using staffing to reduce the number of affected employees can mitigate disproportionate impacts; ensure fair access by limiting areas of selection appropriately and using organizational need to place affected employees.
 +
|-
 +
|6. Establish a voluntary departure program (VDP)
 +
|Offer voluntary departure where permitted by WFAD/collective agreements to reduce involuntary lay‑offs.
 +
|Establish and communicate the VDP consistent with applicable directives and appendices; implement before proceeding to SERLO where appropriate.
 +
|PSC SERLO guide (Step 6).
 +
|A well‑communicated VDP enhances employee agency and can lessen impacts on equity‑seeking groups when combined with transparent criteria.
 +
|-
 +
|7. Determine the qualifications, requirements, and needs
 +
|Set the most relevant essential and asset qualifications, organizational needs and operational requirements for the work to be performed.
 +
|Establish essential qualifications; official language proficiency must be essential. Consider asset qualifications, organizational needs and operational requirements. Organizational needs can include Employment Equity to address current or anticipated gaps for women, Indigenous Peoples, persons with disabilities and visible minorities.
 +
|PSER 22(2); PSC deck Step 7.
 +
|Explicitly leveraging Employment Equity as an organizational need allows SERLO to address representation gaps within the bounds of PSER.
 +
|-
 +
|8. Determine the assessment methods
 +
|Choose appropriate assessment methods for the established factors.
 +
|Managers may use any assessment method they consider appropriate. Second official language proficiency must be assessed using the same methods as for appointments.
 +
|PSER 22(4), 22(6); PSC deck Steps 8–9.
 +
|Select methods that are valid and fair; avoid tools that introduce unnecessary barriers, and align language assessment to appointment standards to protect official languages rights.
 +
|-
 +
|9. Identify biases and barriers
 +
|Evaluate selected assessment methods and how they will be applied to identify and remove or mitigate biases and barriers.
 +
|Before using assessment methods, conduct an evaluation to identify whether methods or their application include or create biases or barriers disadvantaging persons belonging to any equity‑seeking group; remove or mitigate them.
 +
|PSER 22(5); PSC deck Steps 8–9.
 +
|Systematically reviewing assessment methods is a mandatory equity safeguard built into SERLO. Document findings and adjustments.
 +
|-
 +
|10. Inform employees
 +
|Provide written information to each group of employees participating in SERLO.
 +
|Inform, in writing, the qualifications, requirements and needs; assessment methods; and the ability and process to request accommodation measures. Consider sharing definitions, selection factors, process timing, and available supports to increase transparency.
 +
|PSER 22(3); PSC deck Step 10.
 +
|Explicit notice about accommodations reduces barriers for persons with disabilities and other equity‑seeking groups; transparency supports fairness.
 +
|-
 +
|11. Assessment of employees
 +
|Assess which employees meet the established qualifications, requirements and needs.
 +
|Ensure retained employees meet established pass marks or ratings. Assess in the official language chosen by the employee. SLE results are valid indefinitely while the employee remains in their substantive position and the linguistic profile has not been raised above their skill level; re‑test where the most recent SLE does not meet the position’s requirements. If second official language proficiency is assessed, use the same methods as appointments.
 +
|PSER 22(7); PSC deck Step 11.
 +
|Respect the language of choice for assessment and accommodate as required to support equitable participation; maintain consistency in applying pass marks.
 +
|-
 +
|12. Selection of employees
 +
|Select employees for retention based on established factors; document decisions.
 +
|Retained employees must meet essential qualifications including official languages; managers may also require asset qualifications, organizational needs and operational requirements. Selections are based only on the factors established for SERLO; keep records of reasons for retention or lay‑off. Decisions can weigh one or multiple elements and may vary across retained positions.
 +
|PSER 22(8); PSC deck Step 12.
 +
|Using Employment Equity as an organizational need can help address representation gaps within established factors; ensure consistent, documented application to avoid bias.
 +
|-
 +
|13. Provide written notice
 +
|Issue formal notice before any lay‑off and inform retained employees.
 +
|Before laying off under PSEA 64(2), provide written notice stating lay‑off, reasons, right to complain under PSEA 65(1), end‑date of services, and lay‑off date or that it will be provided when known. Include GRJO or opting status and access to WFAD/WFA options. Notify in writing those not selected for lay‑off that they are retained.
 +
|PSER 21(1), 21(2); PSC deck Step 13.
 +
|Clear, complete notices ensure access to recourse and options for all employees, supporting procedural fairness.
 +
|-
 +
|14. Record the reasons for the selection
 +
|Ensure transparency and accountability.
 +
|Document reasons for selecting or not selecting each employee for lay‑off; records support discussions with employees and any grievances or complaints to FPSLREB and PSC oversight.
 +
|PSER 22(10); PSC deck Step 14.
 +
|Robust documentation is an equity safeguard that enables review of decisions, helps detect systemic barriers and supports recourse.
 +
|}
 +
----
 +
 +
=== Additional operational guidance ===
 +
 +
* SERLO is not an appointment process. Managers may use previous assessment information where appropriate; requests for second language evaluation must align with official languages requirements and appointment standards for second language assessment.
 +
* Language rights in assessment. When assessing knowledge or use of English, French or both, or a third language, the assessment must be conducted in that language. Employees must be assessed in the official language of their choice when assessing qualifications, requirements and needs.
 +
* Volunteers. PSER provides for volunteers within SERLO processes. Ensure any use of volunteers is consistent with applicable regulations and directives.
 +
 +
----
 +
 +
=== Communications to employees ===
 +
Maintain complete files that demonstrate compliance with PSER, including:
 +
 +
* the '''bias/barrier evaluation''' for each assessment method '''before use''' (PSER 22(5));
 +
* the '''reasons for selection or non‑selection''' for '''each''' employee (PSER 22(10));
 +
* copies of '''lay‑off notices''' and of '''retention notices''' to those not selected for lay‑off (PSER 21(1), 21(2))
 +
 +
These records support transparency, grievances, '''PSEA 65(1) complaints to the Board''', and PSC oversight.
 +
----
 +
 +
=== Documentation and records ===
 +
Maintain complete files that demonstrate compliance with PSER, including: planning artifacts; analyses of biases and barriers; assessment results; selection rationale for each employee; and copies of all notices. Files must include the '''bias/barrier evaluation''' (PSER 22(5)), '''reasons for selection''' for each employee (PSER 22(10)), and copies of '''notices''' to retained and laid‑off employees (PSER 21(1) and 21(2)).These records support transparency, grievances, complaints to FPSLREB, and PSC oversight.
 +
----
 +
 +
=== Responsibilities after SERLO ===
 +
 +
* '''Workforce adjustment or career transition activities:''' implement GRJO and surplus priority entitlement or, where no GRJO, provide opting options per WFAD or collective agreement appendices; consider alternation where applicable.
 +
* '''Priority entitlements.''' Where a GRJO is provided and an employee becomes surplus, ensure timely registration and management of the employee’s priority entitlement per PSC direction; monitor and document placement efforts.
 +
* '''Classification activities:''' complete updates to positions, abolitions and creations as required.
 +
* '''Recourse''': Employees may file a complaint to the Board regarding lay‑off under '''PSEA 65(1)'''; comprehensive documentation of SERLO planning, assessments, bias/barrier evaluations, and reasons for selection supports FPSLREB proceedings and PSC oversight.
 +
 +
----
 +
 +
 +
Defining Merit Criteria:
   −
==== Defining Merit Criteria: ====
   
In a SERLO, merit is defined by the Deputy Head through three components:
 
In a SERLO, merit is defined by the Deputy Head through three components:
  
Retrieved from "https://wiki.gccollab.ca/Special:MobileDiff/143062"