Equity, Diversity and Inclusion in Employment
Approval Date: 2016-02-04
Effective Date: 2016-02-04
Review Date: 2020-02-04
Provost and Vice-President (Academic)
To outline the University’s commitment to diversity and equity in employment, with the objectives of:
- recognizing, preventing and eliminating disadvantage or discrimination; and
- creating and maintaining a culture that supports an inclusive and welcoming workplace.
Employment activities including but not limited to practices, actions and decisions with respect to prospective employees and employees of the University. For student employment refer to the Student Employment policy.
Designated Group - groups identified by the Canadian Employment Equity Act (S.C. 1995, c. 44) as facing barriers to inclusion and participation in the workforce. The groups are women, Aboriginal peoples, persons with disabilities, and visible minorities, as per Section 3 of the Canadian Employment Equity Act.
FCP – Federal Contractors Program
Employment Equity – involves a systematic effort to achieve fairness in employment. It is necessary to eliminate systemic discrimination through education and other means. No one should be denied access to employment opportunities for reasons unrelated to ability, and all should have access to the fullest opportunities to develop individual potential. Differences between people must be respected in accordance with human rights legislation.
Prohibited Grounds - A human rights violation under Newfoundland and Labrador Human Rights Act, 2010 occurs when an individual is discriminated against because of one or a combination of the following prohibited grounds of discrimination (as amended from time to time): Race, Colour, Nationality, Ethnic Origin, Social Origin, Religious Creed, Religion, Age*, Disability, Disfigurement, Sex (including pregnancy), Sexual Orientation, Gender Identity, Gender Expression, Marital Status, Family Status, Source of Income**, Political Opinion
* This provision does not prohibit the denial or refusal of accommodation, services, facilities or goods to a person who is less than 19 years of age where the denial or refusal is required or authorized by another Act. (ss.11(4), Human Rights Act, 2010)
** Source of Income means the receipt of income or employment support under the Income and Employment Support Act. (2(p)Human Rights Act, 2010)
University - Memorial University of Newfoundland.
Unit - Academic or administrative unit as defined in the University Calendar.
1.1 The University strives to ensure its workforce is diverse and that it fulfills its commitment to an inclusive community dedicated to innovation and excellence in teaching and learning, research, scholarship, creative activity, service and public engagement.
1.2 The University's goal of a diversified workforce is achieved within a framework of merit, inclusion and support of diverse groups not only the Designated Groups, respect, and a climate free of discriminatory barriers, and in recognition of the University’s Statement of Vision, Mission and Values.
1.3 In accordance with the Newfoundland and Labrador Human Rights Act, 2010 and the FCP the Employment Equity Act (S.C. 1995, c. 44), the University identifies and removes barriers in order to create and maintain an inclusive and respectful environment for all employees. Individual merit is the prime criterion in decisions of hiring, promotion and other opportunities.
1.4 The University strives in its employment practices and programs to:
- ensure that individuals are treated fairly with respect to all aspects of employment, including recruitment and hiring, compensation, training and promotion, retention and accommodation;
- assess and improve the participation rate of members of diverse groups in all jobs and at all levels and achieve a diverse workforce;
2. LEGAL FRAMEWORK
This policy derives from a number of legal and regulatory documents:
2.1 The Newfoundland and Labrador Human Rights Act, 2010 which:
- is premised on the principle of equality of every person in dignity and rights;
- provides for equal rights and opportunities without discrimination; and,
- strives for a climate of understanding and mutual respect for the dignity and worth of each person.
The University prohibits discrimination on the Prohibited Grounds, as stated in the Newfoundland and Labrador Human Rights Act, 2010 and as well in accordance with subsections 9 (3) and 9 (4) of the Newfoundland and Labrador Human Rights Act and as amended from time to time.
In addition, the University prohibits discrimination in employment as per subsection 14.(1) as stated below and as amended from time to time:
Subsection 14(1) An employer, or a person acting on behalf of an employer, shall not refuse to employ or to continue to employ or otherwise discriminate against a person in regard to employment or a term or condition of employment on the basis of a prohibited ground of discrimination, or because of the conviction for an offence that is unrelated to the employment of the person.
2.2 The FCP as outlined in the Canadian Employment Equity Act (S.C. 1995, c. 44) has application for employment equity. The FCP applies to contractors who do business with the Government of Canada and who meet program inclusion requirements. Participating employers are required to implement an employment equity program, which furthers the goal of achieving and maintaining a workforce that is representative of the Canadian workforce, with workplace equity for Designated Groups in the Canadian labour market. The Designated Groups are:
- Aboriginal peoples;
- persons with disabilities; and
- members of visible minorities.
3. RECRUITMENT AND SELECTION
3. 1 The University is proactive in recruiting diverse and qualified applicants, using targeted recruitment techniques, where appropriate. The University strives to ensure that equal opportunity and accommodation, as appropriate, is afforded to those who seek employment with the University.
3.2 Where appropriate, advertisements for positions shall include a statement demonstrating the University’s commitment to equity and diversity.
a) For positions covered by the MUN-MUNFA Collective Agreement, the text of the statement shall be that which is outlined in that collective agreement.
b) For other positions, the text of the statement shall be determined, with appropriate consultation, by the Director of Human Resources or the Director of Faculty Relations, as applicable.
3.3 Selection of candidates is on the basis of merit as per the requirements of the position and any collective agreements, policies and procedures. In accordance with the University’s Workplace Accommodation policy, candidates for employment will be accommodated, as appropriate, during the application and selection process.
4. EMPLOYMENT PROCESS
4.1 The University is also committed to retaining qualified employees by:
- implementing initiatives respecting diversity and equity,
- offering equitable access to opportunities,
- supporting a favourable climate for inclusion so that employees may develop their potential, and
- being accountable for achievement of common goals respecting equity
In addition to articles in various collective agreements regarding non-discrimination, there are a number of University-wide policies which support this commitment.
4.2 The University participates in the Canada Research Chairs Program and observes and complies with the Equity Practices of that program. See: http://www.chairs-chaires.gc.ca/program-programme/equity-equite/index-eng.aspx .
4.3 An employment equity assessment is performed on each new or revised University-wide, non-academic policy before it is approved by the Policy sponsor for submission to Vice-Presidents Council, to determine whether there is an impact on employment, as it relates to equity.
5. EMPLOYMENT EQUITY AND DIVERSITY PLAN
5.1 A University Employment Equity and Diversity plan (the Plan) will be developed, implemented and renewed every three (3) years. The Plan shall: include the requirement and mechanism(s) to collect and analyze workforce information; establish short- and long-term goals; define the steps necessary to make progress to achieve those goals; establish regular reporting to Vice-Presidents Council of progress toward achieving those goals.
5.2 Based on the Plan, each Unit is required to examine its situation and identify any barriers to diverse representation in the Unit; future staffing requirements; actions to eliminate any barriers; and other measures designed to increase equity and inclusion within the Unit’s workforce.
5.3 The Plan shall be used in any compliance reviews required for the FCP.
6. CONFIDENTIALITY OF INFORMATION
6.1 The University collects and maintains information on its employees and applicants to positions for the purposes outlined in this policy and as required by the Government of Canada through the FCP.
6.2 All personal data shall be handled with confidentiality and in accordance with the Newfoundland and Labrador Access to Information and Protection of Privacy Act, 2015, other privacy legislation to which the University is subject, and University policies. All persons involved in any process related to this Policy are expected to maintain confidentiality.
6.3 When information is used to report on and release aggregate statistics on the University's workforce, individuals are not identified.
6.4 A breach of confidentiality by any person with respect to employment data may be subject to disciplinary sanction or other appropriate action.
6.5 Confidentiality may not apply to persons subject to extra-University judicial processes, or where disclosure is required or permitted by law, or where the well-being, safety and security of a person or persons is a concern.
7.1 To assist in determining the diversity of the University’s workforce, employees and prospective employees are asked to complete a survey for self-identification of certain attributes. Self-identification is voluntary. Self-identification information is available only to those who need to know and electronic records are stored in accordance with the University’s Electronic Data Security policy.
7.2 Individuals are considered to belong to a certain group, only if they have self-identified as such. Individuals may identify as belonging to more than one group. Individuals have the right to review and update their self-identification information at any time.
7.3 The self-identification survey is provided to all new employees, employees who wish to update their information, and any employee upon request. In addition, opportunities to self-identify occur at the time of application, in the case of positions covered by the MUN-MUNFA Collective Agreement.
8. ROLES AND RESPONSIBILITIES
8.1 The Provost is the senior University official responsible for employment diversity, equity and inclusion. The Provost shall:
- demonstrate commitment to equity, diversity and inclusion in employment
- communicate this commitment to all levels of the University
- when necessary, oversee Employment Equity compliance for the FCP.
8.2 Vice-Presidents Council responsibilities shall include, but are not limited to:
- promoting and supporting diversity, equity and inclusion in employment
- reviewing and approving the University Diversity and Equity Plan
- receiving and reviewing status reports, at least annually, of progress against goals for the University Diversity and Equity Plan
- considering and deciding upon matters brought forward by its Employment Diversity and Equity Advisory Committee
- where necessary, ensuring the criteria of the FCP are implemented
8.3 Employment Equity and Diversity Advisory Committee is a subcommittee of Vice-Presidents Council with the mandate and composition as outlined in its Terms of Reference, available here.
8.4 The Department of Human Resources is responsible for the development, promotion, implementation, and coordination of employment diversity and equity in consultation with the Employment Equity and Diversity Advisory Committee. In addition, the Department of Human Resources, in consultation with the Office of Faculty Relations, as appropriate:
- develops the University Employment Diversity and Equity Plan
- ensures the ongoing collection, recording, maintenance and analysis of workforce data as related to employment equity
- assists in the review of all employment policies and procedures of the University
- collaborates with other responsible areas in developing and implementing equity and diversity training
- promotes awareness and acceptance of equity, diversity and inclusion
- works with or serves on various University committees including the MUNFA-Administration Equity Committee (Joint Equity Committee) to fulfill its mandate as outlined in the MUN-MUNFA Collective Agreement.
8.5 Employees are responsible for upholding the University’s values as they relate to employment equity, diversity and inclusion, including a recognition of the importance of self-identification.
Employment Equity at Memorial
Canadian Employment Equity Act
Newfoundland and Labrador Human Rights Act
Canadian Human Rights Act
Equity Practices of the Canada Research Chairs Program
Employee Training and Development
Kullik Lighting and Smudging
Sexual Harassment and Sexual Assault
Supporting and Accommodating Breastfeeding
There are no procedures associated with this policy.