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Employers must examine employment practices and policies that are within their Authority to change and remove employment barriers.
An employment barrier is an employment Policy or practice that disproportionately excludes certain groups based on factors unrelated to the nature of work or merit. Employment barriers constitute systemic discrimination when they result in disadvantaging an individual or group with characteristics protected by The Manitoba Human Rights Code. An employment barrier includes any act or omission that results in discrimination even when there is no intent to discriminate. Employment Barriers can occur in all human resource functions.
Removing employment barriers serves to improve the departments' human resource systems. Removing employment barriers has the following benefits for an organization:
The following criteria are used to identify employment barriers:
Managers should review the employment practices that are within their Authority to change by applying the criteria for identifying employment barriers. A manager's review of employment practices is situational and informal. Managers should also review the organization's values to determine if the work environment is hospitable to diversity and equity.
A department reviews its policies and practices for employment barriers by conducting an Employment Systems Review (ESR). An Employment Systems Review is a formal systematic review of the department's employment policies and practices. The effectiveness of an Employment Systems Review is further enhanced by linking it to the department's strategic goals and its commitment to continuous improvement. While the department determines the scope and priorities of its review, it is recommended that a department select one of the human resource functions for review each year.
An Employment Systems Review process is open, inclusive and consultative. The process for an Employment Systems Review normally consists of the following steps:
|1. Deputy Minister||appoints a committee comprised of departmental managers and employees including representatives of the designated groups|
|2. ESR Committee||conducts a workforce analysis to identify areas for review|
|3. Deputy Minister||approves area(s) for review and communicates the purpose of the Employment Systems Review to employees and managers|
|4. ESR Committee||applies the criteria for identifying barriers outlined in Question 3 in a consistent manner to the area(s) for review|
|5. ESR Committee||reports findings including recommendations and an action plan to the Deputy Minister and the Civil Service Commission|
|6. Civil Service Commission||comments on the report to the Deputy Minister|
|7. Deputy Minister||reviews report and recommendations, assigns responsibility for implementing the action plan|
|8. ESR Committee||communicates the results of the Employment Systems Review to all employees.|
In-depth information about conducting an Employment Systems Review is available from the Civil Service Commission.
The roles of management are as follows:
|Civil Service Commission||
|Characteristics protected by The Manitoba Human Rights Code||Defined in Manitoba Human Rights Code 9(2)|
|Criteria for identifying barriers||Defined in Q3, this Policy|
|Designated Groups||Defined in Employment Equity Policy 1.5.0|
|Diversity||Defined in Overview 0.2|
|Employment Barriers||Employment barriers may be intentional or unintentional.
The list below outlines the kinds of barriers which can occur:
|Employment Systems Review||See also Removing Barriers Policy, Q6 and Q7|
|Equity||Defined in Overview 0.2|
|Systemic Discrimination||Systemic discrimination means practices, policies or systems that operate to limit a group's right to opportunities or to exclude a group from participating in an activity. Systemic discrimination produces hidden barriers that appear neutral but which negatively impact on a designated group. They are generally unintentional. Systemic barriers thus are measured not by intent but by impact. See also Barrier Free Employment Advertising Guideline 2.2.3.|
|Workforce Analysis||A workforce analysis compares the department's internal
workforce with the external labour force for evidence of significant
under-representation of the designated
groups. A workforce analysis has three components:
Effective date: February 11, 2004