Purpose

To outline the University's commitment to its core value of equity, diversity and inclusion in employment as articulated in Memorial's Strategic Plan, With the objectives of:

•  recognizing, preventing and eliminating disadvantage or discrimination; and
• creating and maintaining a culture that supports an inclusive and welcoming workplace.

Scope

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.

Definitions

Designated Groups - Groups identified by the Canadian Employment Equity Act (S.C. 1995, c. 44) as facing barriers to inclusion and participation in the workforce. These include women, Aboriginal or Indigenous peoples, persons with disabilities, and members of visible minority or racialized groups. Memorial University recognizes the systemic discrimination and equity challenges faced by other historically underrepresented groups, notably persons of minority sexual orientation, gender identity and/or gender expression, as recognized by the Canadian Human Rights Act (R.S.C., 1985, c. H-6).

Employment Equity - Involves a systematic effort to achieve fairness in employment. It is necessary to eliminate systemic discrimination. No one should be denied access to employment opportunities for reasons unrelated to qualifications or job competencies, 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.

FCP - Federal Contractors Program. The Federal Contractors Program (FCP) ensures that contractors who do business with the Government of Canada seek to achieve and maintain a workforce that is representative of the Canadian workforce, including members of the four designated groups under the Employment Equity Act.

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)

Unit - Academic or administrative unit as defined in the University Calendar.

University - Memorial University of Newfoundland and Labrador.

Policy

1.GENERAL

1.1 The University strives to ensure its workforce complies with principles of Equity, Diversity, Inclusion, Anti-Racism, and Indigenization accessibility and removal of systemic discrimination which enhances 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 Human Rights framework which supports equity-deserving groups, fostering a culture of acceptance, respect and accountability, creating a climate free of harassment, racist and 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, the FCP, and 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 qualifications are the prime criterion in decisions of hiring, promotion and other opportunities.

1.4 Through its commitment to its core value of equity, diversity, inclusion, anti-racism, and indigenization in employment, 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 (as expressed in subsections 9(3) and 9(4), 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 regarding 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.

Memorial has identified the following as equity-deserving groups:

• Indigenous people
• Members of racialized groups
• People with a minority sexual orientation, gender identity or expression
• People with disabilities
• Women

3. RECRUITMENT AND SELECTION

3.1 The University intentionally seeks out qualified applicants using targeted recruitment techniques (i.e., cluster hiring, where institutional underrepresentation exists). The University strives to ensure that targeted recruitment techniques, as appropriate, are afforded to those who seek employment with the University.

3.2 Advertisements for positions shall include a statement asserting the University’s commitment to equity, diversity inclusion, anti-racism and Indigenization.

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, the Director of Faculty Relations, and the Vice-Provost, EDI-AR, as applicable.

c.) Advertisements shall include an Indigenous land acknowledgment, as appropriate to each campus and referenced in the Indigenization Framework.

3.3 Selection of candidates is based on of qualifications 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.

3.4 The Search Process for academic positions, covered by the MUN-MUNFA Collective Agreement, requires all ASM appointments of one (1) year or longer to be reviewed by a Joint Equity Committee. Special Visiting Appointments (Clause 24.14) and Spousal Appointments (Clause 24.15) are exempt from the JEC process.

3.5 The search process for academic administrators will be reviewed by an EDI-AR Advisory Committee to review procedures, actions, and outcomes related to recruitment and appointment of academic administrators to ensure that due emphasis is given to increasing, as appropriate, the proportion of equity-deserving groups.

4. EMPLOYMENT RETENTION STRATEGY

4.1 The University is also committed to retaining qualified employees by:

• implementing initiatives respecting equity, diversity, inclusion and anti-racism;
• offering equitable access to opportunities and compensation; 
• supporting a workplace culture where employees who are systematically excluded may become highly-engaged employees; and
• being accountable for achievement of common goals respecting equity, diversity, inclusion and anti-racism.

In addition to articles in various collective agreements regarding non-discrimination, there are a number of University-wide policies which support this commitment. Refer to the “Related Policies” at the end of this policy.

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.chairschaires.gc.ca/program-programme/equity-equite/index-eng.aspx.

4.3 An employment equity assessment is performed on all new and revised University-wide, non-academic policies, before it is approved by the Policy sponsor for submission to the President’s Advisory Team, to determine whether there is an impact on employment, as it relates to employment equity.

5. EMPLOYMENT EQUITY AND DIVERSITY PLAN

5.1 The existing Employment Equity and Diversity Plan, (the Plan) in concert with the Indigenization Framework, will be revised, implemented and renewed every three (3) years. The Plan shall:

• include the requirement and mechanism(s) to collect and analyze workforce information;
• identify gaps in the recruitment goals of building inclusive workforce;
• establish short- and long-term strategies to close the gaps;
• define audit strategies to ensure progress is being made to achieve an inclusive workforce;
• establish regular reporting and make recommendations to the President’s Advisory Team of progress toward achieving those goals.

5.2 Based on the Plan, each Unit must identify barriers to representation of equity deserving groups in the Unit; provide work plan regarding building an inclusive workforce in the unit; actions to address any barriers; and other measures designed to increase diverse and inclusive representation within the Unit’s workforce. Furthermore, academic units will incorporate Equity, Diversity, Inclusion, Anti-racism and Indigenization strategies in annual Academic Complement Plans as part of the regular budget process. All unit heads are required to incorporate these strategies in workforce planning. Refer to Procedures for Developing Plans.

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. SELF-IDENTIFICATION

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, with exception for any targeted or cluster hires from the designated groups. 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 and Privacy policies. Should a public announcement of hiring be made, no reference will be made to the self-identification of the candidate without their awareness/consent for that disclosure.

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 and Procedures Governing the Appointment, Review, Promotion and Tenure for Academic Administrators.

Related Documents

Policies:

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

Collective Agreements

Compensation

Employee Training and Development

Kullik Lighting and Smudging

Respectful Workplace

Sexual Harassment and Sexual Assault

Student Employment

Supporting and Accommodating Breastfeeding

Workplace Accommodation

Research Impacting Indigenous Groups

Recruitment and Selection of Non-academic Employees

Privacy

Procedures (without policy):

Procedures for Appointment of Academic Administrators

Procedures for EDI - Academic Administrator Position

Plans:

Memorial’s Strategic Plan 2021-26

Strategic Framework for Indigenization 2020-2025

Strategic Internationalization Plan (SIP)

Employment in Equity and Diversity Advisory Committee (EEDAC) Plan

Canada Research Chairs Program Equity, Diversity and Inclusion Action Plan (mun.ca)

Procedures:

There are no procedures associated with this policy.