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Detailed Equity Considerations for SERLO / Considérations détaillées en matière d’équité pour le SERLO (view source)
Revision as of 17:40, 16 February 2026
, 16 Februaryno edit summary
If any of these components are missing, Step 3 begins with a structurally weak foundation, elevating risks related to procedural fairness and equity impacts.
If any of these components are missing, Step 3 begins with a structurally weak foundation, elevating risks related to procedural fairness and equity impacts.
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= '''STEP 3 — Identify the Positions and the Affected Employees''' =
''(Comprehensive Version with Equity and Compliance Controls — bullets rewritten as sentences)''
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== '''Legislative and Policy Framework''' ==
The legal and policy basis for Step 3 includes '''PSEA sections 64 and 65''', '''PSER section 22''', and the PSC’s ''Selection of Employees for Retention or Lay‑Off'' Guide. This step must also align with the '''Workforce Adjustment Directive (WFAD)''', the '''Employment Equity Act''', the '''Accessible Canada Act''', and the '''Official Languages Act'''.
'''Primary operational reference:''' Public Service Commission — ''Selection of employees for retention or lay‑off: Guide for managers and human resources specialists.''
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= '''1. What This Step Is''' =
Step 3 identifies the '''specific positions''' within the affected part that may be reduced, the '''indeterminate employees''' who substantively occupy those positions, and the '''SERLO pool(s)''' of employees who must be compared during selection. At this point, the abstract “affected part” becomes a '''concrete group‑and‑level pool''' with named incumbents.
=== '''PSC Requirements''' ===
According to the PSC Guide, the SERLO pool '''must include only indeterminate employees''' who occupy positions on a '''substantive''' basis. Employees who are '''temporarily absent'''—for example on leave, assignment, secondment, or Interchange Canada—'''must still be included''' if they substantively hold a position in the affected part. By contrast, '''term employees, casual workers, students, and temporary help''' are '''not included''' in a SERLO conducted under the PSER.
=== '''Structural Importance''' ===
Because Step 3 defines '''who''' will be compared, errors here will distort the '''entire SERLO''' process. A flawed pool definition introduces '''structural inequity''' that downstream steps (Steps 4–14) '''cannot''' correct.
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= '''2. What Must Be Identified''' =
The delegated manager must complete this step with '''HR specialist support''' to ensure accuracy and compliance.
== '''A. Positions''' ==
For each affected part, the organization must identify '''all positions at the same occupational group and level'''; it must determine '''which positions perform similar duties'''; and it must confirm that identified positions '''align to the continuing or reduced work''' articulated in Step 1. The PSC clarifies that '''generic job descriptions do not, by themselves, establish similarity'''; rather, '''objective evidence''' of similar duties is required.
== '''B. Employees''' ==
The pool must include '''all indeterminate employees''' who substantively occupy the identified positions, including '''employees on leave''' (such as parental, medical, disability, or Indigenous cultural leave), '''employees acting elsewhere but whose substantive position is in scope''', and '''employees on Interchange Canada or secondment''' whose '''substantive''' position is in scope. The pool '''must exclude''' '''term employees, casual workers, students, and temporary help''' because these categories are '''not''' part of SERLO under the PSER.
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= '''3. Required Actors''' =
== '''Accountable''' ==
The '''Delegated Manager''' is accountable for the accuracy and defensibility of the pool.
== '''Mandatory Support''' ==
The process requires support from an '''HR Staffing Advisor'''; a '''Classification''' advisor; '''HR Systems / Pay and Position Data''' specialists; '''Labour Relations'''; '''Employment Equity'''; and '''Accessibility''' advisors to ensure data accuracy, compliance, and barrier‑free process access.
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= '''4. Mandatory Documentation — Step 3 File Requirements''' =
The SERLO file '''must''' contain the following records.
== '''A. Position Identification Record''' ==
For each position in scope, the record must state the '''position number''', '''group and level''', '''location''', '''language profile''', and '''reporting relationship''', along with the '''current incumbent''' and whether the position is '''encumbered or vacant'''.
== '''B. Duty Similarity Analysis''' ==
For each position considered part of the pool, the analysis must describe the '''core duties''', provide a '''comparison''' with other positions at the '''same group and level''', and articulate a '''rationale''' for '''inclusion or exclusion'''. This analysis '''cannot''' rely solely on job titles; it must reference the '''actual work performed'''.
== '''C. Employee Inclusion Log''' ==
For each indeterminate employee substantively occupying a position, the log must record the '''employee’s name''', the '''substantive position number''', the '''current status''' (for example, on leave, acting, or on assignment), the '''confirmation of inclusion''' in the pool, and the '''date and method''' used to '''notify''' the employee.
== '''D. On‑Leave Inclusion Log''' ==
The file must separately track '''employees on leave''' by documenting the '''type of leave''', the '''confirmation of contact''', and the '''confirmation that accommodations and access to information''' were provided on an equal basis.
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= '''5. Equity Risks at Step 3''' =
'''Risk 1 — Inconsistent Interpretation of “Similar Duties.”''' A narrow or uneven application of “similar duties” may isolate teams with '''high EE representation''' or those with '''regional or outreach‑focused functions''', thereby creating disproportionate risk.
'''Risk 2 — Exclusion of Employees on Leave.''' Employees on '''parental, disability, long‑term medical, or Indigenous cultural leave''' may be disadvantaged if communication is '''delayed or incomplete'''.
'''Risk 3 — Language or Location Data Errors.''' Incorrect official‑language profiles or location entries may '''place employees in the wrong pool''' or '''exclude''' them improperly.
'''Risk 4 — Acting Assignment Distortion.''' Two frequent errors are '''treating acting incumbents as substantive holders''' and '''overlooking substantive incumbents''' who are acting elsewhere.
'''Risk 5 — Occupational Clustering.''' If EE groups are clustered in certain occupational streams, '''inconsistent grouping''' or '''inclusion/exclusion of similar work units without rationale''' may increase adverse impact.
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= '''6. Mandatory and Control‑Based Mitigations''' =
== '''Mitigation 1 — Objective Duty Similarity Test''' ==
'''Owner:''' HR Staffing + Delegated Manager
The organization must '''compare duties''' using official work descriptions and '''task inventories''', '''identify core functions''', '''identify material operational differences''', and '''document the grouping rationale''' so that inclusion and exclusion decisions are transparent and auditable.
== '''Mitigation 2 — Cross‑Unit Similar Work Check''' ==
'''Owner:''' HR Staffing
The record must confirm whether '''similar work exists elsewhere''' in the affected part and must provide a '''clear rationale''' for either '''including''' or '''excluding''' that work from the pool.
== '''Mitigation 3 — Data Validation Control''' ==
'''Owner:''' HR Systems + Classification
For '''each position''', the organization must validate the '''substantive incumbent''', '''tenure''', '''group and level''', '''language profile''', '''location''', and '''reporting structure''' to eliminate data errors '''before''' finalizing the pool.
== '''Mitigation 4 — Leave Equity Control''' ==
'''Owner:''' HR Advisor + Accessibility
The file must show that '''all substantive incumbents on leave are included''', that '''communication was timely''', and that any '''accessibility needs''' were addressed to provide equal process access.
== '''Mitigation 5 — Representation Pool Snapshot''' ==
'''Owner:''' HR Analytics + Employment Equity
For '''each pool''', the organization must '''calculate representation rates''', '''compare''' them to '''Step 1 projections''', and '''compare''' them to '''WFA and the sensitivity benchmark''', documenting any '''disproportionate impact''' identified.
== '''Mitigation 6 — Acting Assignment Clarification''' ==
'''Owner:''' HR Staffing
The organization must ensure that '''acting incumbents are not treated as substantive''' and that '''substantive incumbents''' are '''included''' even when they are '''temporarily acting elsewhere'''.
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= '''7. How to Operationalize the Similar Duties Analysis''' =
A '''Similar Duties Matrix''' must be included in the file. This matrix lists, for each position, the '''position number''', the '''group and level''', the '''core duties''', any '''unique duties''', whether the position is '''included in the pool (Y/N)''', and the '''rationale''' for the inclusion or exclusion. This matrix provides '''transparency''' and '''auditability''' for grouping decisions.
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= '''8. Governance Sign‑Off''' =
Before Step 4 can begin, the file must contain the '''complete list of positions''', the '''documented rationale''' for the pool structure, the '''employee inclusion log''', the '''on‑leave inclusion log''', '''validated position and incumbent data''', and the '''representation snapshot'''. The file must also include '''delegated manager approval''', '''HR specialist confirmation''', and '''Employment Equity validation''' to confirm compliance and equity oversight.
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= '''9. Structural Importance of Step 3''' =
Step 3 determines '''who''' will be compared for retention. If pools are '''too narrow''', if '''similar work is excluded''', if '''leave cases are mishandled''', or if '''data errors''' are left uncorrected, '''procedural fairness''' is compromised and downstream equity safeguards '''cannot''' repair the error. Equitable SERLO requires '''structural neutrality''' at the pool‑definition stage.
----If you’d like, I can now '''insert this revised Step 3''' into your Word manual, or proceed to '''Step 4''' using the same bullet‑to‑sentence clarity approach.
