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HomeMy WebLinkAboutPR 700 HR - Equitable Recruitment and Hiring Procedure - 1 - PR.700.HR PROCEDURE PR.700.HR Title: EQUITABLE RECRUITMENT AND HIRING PROCEDURE Date Issued: 29 March 2022 Last Revised: Authorization: 29 March 2022 1.0 OBJECTIVE To establish fair, consistent, transparent, and equitable recruitment and hiring processes and practices for all positions within the Ottawa -Carleton District School Board (OCDSB) that will result in a qualified and diverse workforce with the knowledge, skills, and attribute s needed to ensure all students reach their full potential regardless of their background or identity. 2.0 DEFINITIONS In this procedure, 2.1 Accommodation means making an adjustment, providing support, or making exceptions to remove Barriers on Protected Grounds to ensure fair and equitable access, treatment, and inclusion. This enables a person to participate equally and perform to the best of their abiliti es when learning, working, or accessing services. The duty to accommodate is a legal obligation that exists to the point of Undue Hardship. 2.2 Board means the Board of Trustees. 2.3 Casual Employee means an employee who has no set hours or days of work, and who is normally asked to work as and when required, on a daily or similar short term basis. 2.4 Conflict of Interest means a potential, apparent or actual conflict where an Employee’s financial or personal interest, whether direct or indirect, conflicts or appears to conflict with their responsibility to the Board. It includes situations in which financial or other personal considerations have the potential to compromise or bias an employee’s professional judgment and objectivity. An apparent conflict of interest is one in which a - 2 - PR.700.HR reasonable person would think that the employee’s judgment is likely to be compromised. 2.5 Cronyism means the practice of exercising decision-making power or influence to bestow favours or special treatment to friends, colleagues or associates based on personal relationships through the hiring process without proper regard to their qualifications. 2.6 District means the Ottawa-Carleton District School Board (OCDSB). 2.7 Diversity refers to the presence of a wide range of human qualities and attributes within a group, organization, or society. The dimensions of diversity include but are not limited to, age, ancestry, colour, citizenship, creed, culture, ethnic origin, family stat us, gender, gender identity, gender expression, immigration status, language, marital status (including single status), physical and intellectual ability, place of origin, race, racial identity, sex, sexual orientation, and socio-economic status. 2.8 Equality means treating people the same way, to give everyone equal access to opportunities and benefits in society. 2.9 Equity means fairness of treatment and processes by the removal of systemic barriers, disparity and disproportionality between groups, using extra and positive measures to bring about equal access to opportunities and benefits in society. It does not mean treating everyone the same. 2.10 Hiring means the process for selecting candidates for available positions, including all stages from setting job requirements to the recruitment, application, screening, and selection processes. The selection process may include multiple sources and methods such as interviews, written assignments, and references. 2.11 Hiring Manager means anyone who has responsibility for making hiring decisions and includes principals, vice-principals, managers and supervisors. 2.12 Inclusive (Inclusion) means an environment in which all individuals are welcomed and treated fairly and respectfully; supported to succeed with access to relevant resources and opportunities; inspired to contribute fully to the organization's success; and valued for their distinctive skills, experiences, and perspectives at different levels of the organization. 2.13 Nepotism means the practice of exercising decision-making power or influence by favouring relatives through the hiring process. - 3 - PR.700.HR 2.14 Promotion means the process of advancement from one position to another position within the organization that is classified at a higher level, has a higher salary range, and often more and higher-level responsibilities. 2.15 Protected Grounds means the attributes or characteristics upon which Discrimination is prohibited under the Ontario Human Rights Code or by the OCDSB. The Code- Protected Grounds are age, ancestry, citizenship, colour , creed (religion), disability (including mental, physical, developmental or learning disabilities), ethnic origin, family status (such as being in a parent-child relationship), gender expression, gender identity, marital status (including married, single, widowed, divorced, separated or living in a conjugal relationship outside of marriage, whether in a same -sex or opposite-sex relationship), place of origin, race, record of offences (criminal conviction for a provincial offence, or for an offence for which a pardon has been received), sex (including pregnancy and breastfeeding), and sexual orientation. An additional ground protected from Discrimination at the OCDSB is Socioeconomic Disadvantage. 2.16 Recruitment means the process for advertising, posting, and other outreach activities to attract potential candidates based on the unique needs of OCDSB schools and their communities and central departments. 2.17 Special Program means the special measures permitted under the Ontario Human Rights Code to help create opportunities for people who experience discrimination, inequality, hardship or economic disadvantage. The Code also protects these programs from attack by people who do not experience the same disadvantage. To be a special program, the program must meet one of the following conditions: a) it relieves hardship or economic disadvantage; b) it helps disadvantaged people or groups to achieve, or try to achieve, equal opportunity; or c) it helps eliminate discrimination. 2.18 Undue Hardship means the point at which the l egal duty to accommodate ends based on an objective assessment of only three factors: (i) costs, (ii) outside sources of funding (if any), and (iii) health and safe ty considerations (if any) of the proposed Accommodation. 3.0 RESPONSIBILITY: 3.1 Human Resources will be responsible for: a) coordinating and overseeing equitable recruitment and hiring processes by: - 4 - PR.700.HR i. supporting and verifying that hiring managers are identifying and removing barriers for Indigenous peoples and historically disadvantaged groups at each stage of the employment systems process; ii. verifying that job postings include language that values appl icants' demonstrated, lived, and additional experiences, skills, backgrounds, perspectives, and work experience; and iii. verifying that selection processes appropriately assess each candidate’s equitable competencies; b) monitoring and evaluating the District’s hiring and promotion practices to identify and address disparities on Protected Grounds; c) ensuring the accuracy and legitimacy of professional and technical qualifications being sought, including Ontario College of Teachers (OCT) qualifications, where applicable; d) verifying that job posting requirements are legitimate, necessary and aligned with the approved job description (where applicable), and do not create barriers that discriminate on any of the Protected Grounds, as outlined in the Ontario Human Rights Code or Board policy; e) posting vacancies to the District’s electronic job posting and tracking system, the District website and any other relevant sites, with a view to attracting a diverse pool of qualified candidates; f) developing and implementing training programs for all hiring managers to build capacity and expand knowledge and understanding of equitable hiring principles and practices; g) monitoring and reviewing employment practices to identify and proactive ly address barriers that cause systemic discrimination on Protected Grounds and to ensure they are fair, transparent, and non -discriminatory; h) ensuring applicants receive adequate communication through the various stages of the process, for example, formal written offers of employment for successful candidates; i) communicating with the relevant bargaining agents regarding the recruitment and hiring processes, and ensuring that these processes are compliant with the requirements of applicable collective agree ments; j) ensuring all human resource practices associated with recruitment and hiring are consistent with the procedures outlined below and policy P.146.HR; - 5 - PR.700.HR k) establishing and maintaining centralized applicant tracking and file management systems for all hiring-related documentation; l) in consultation with the applicable hiring manager, advising on whether a particular situation meets the criteria for a Special Program; m) reviewing, in consultation with the hiring manager and the applicant, all requests for human rights-related accommodations on Protected Grounds during the hiring process and ensuring appropriate accommodations are put in place; n) receiving and responding to complaints regarding specific hiring decisions including: i. conducting a preliminary review of the hiring decision to confirm compliance with this Procedure and any relevant collective agreement provisions; and ii. referring the complainant and the complaint to an alternative complaints procedure where appropriate. 3.2 Hiring Managers will be responsible for: a) submitting a request to Human Resources as soon as they become aware that a permanent or term vacancy exists, or will exist; b) providing the relevant details of known or upcoming vacancies, including required qualifications, experiences and other requirements; c) including a requirement in each job posting and recruitment process that values applicants’ demonstrated, lived, and additional experiences, skills, backgrounds, perspectives, and work experience; d) implementing the hiring processes in an equitable, non-discriminatory and unbiased manner and ensuring that Accommodations required in the recruitment and hiring process are appropriately implemented in the hiring process; e) ensuring diversity in the hiring panel to draw on the lived experiences, skills, perspectives and educational and professional backgrounds of the panel members; f) intentionally evaluating each candidate’s equity competency to ensure it meets or exceeds a minimum threshold; g) avoiding conflicts of interest in the hiring process. Where a conflict of interest is discovered in the hiring process, the Hiring Manager must disclose it to Human - 6 - PR.700.HR Resources immediately and the individual should refrain from any further involvement in the hiring process; h) prohibiting nepotism, cronyism or other forms of favouritism at all stages of the recruitment and hiring process; i) ensuring they are knowledgeable about equitable hiring principles and practices, including participating in professional learnin g and training with regard to the procedures outlined below and equitable hiring principles generally; and j) in consultation with Human Resources, consider whether a particular situation meets the criteria for a Special Program. 3.3 The Indigenous, Equity and Human Rights Division will be responsible for: a) providing advice to ensure hiring and promotion processes are aligned with the principles of equity, diversity and inclusion, Indigenous rights, human rights, and anti-oppression; b) working collaboratively with Human Resources on developing and delivering training to hiring managers, including, for example, cultural awareness, unconscious bias, anti -racism and anti-oppression, to enhance equity, diversity, inclusion and belonging; and c) consulting with Human Resources and advising on matters related to the conduct of employment system reviews, and the collection and use of voluntary self - identification data to ensure alignment with the District’s Roadmap, the Ontario Human Rights Code, the Ontario Anti-Racism Act, and the Accessibility for Ontarians with Disabilities Act. 4.0 PROCEDURES Scope and Application 4.1 This Procedure outlines expectations for practice at each stage of the recruitment and selection process, including both internal (transfer) and external (new hires) processes. This procedure applies to the hiring of casual employees, occasional teachers, term and long term occasional positions and permanent positions. These procedures do not apply to the selection processes for principals and vice -principals, or members of the Director’s Executive Council; separate procedures will be established for thes e positions. 4.2 The processes, including job postings, recruitment, hiring and placement, will be in accordance with the respective collective agreement provisions, except where there is a - 7 - PR.700.HR conflict between the collective agreement and the Ontario Human Rights Code, in which case the Code will prevail. Conflict of Interest 4.3 Individuals involved in the hiring process will not engage in nepotism, cronyism or any other forms of favoritism. 4.4 A conflict of interest exists where the Hiring Manager, member of the Hiring Panel, or someone else in a position to influence the decision or outcome in a selection process is a relative, close friend, or otherwise in a relationship with a candidate in th e selection process that gives rise to an actual, potential, or perceived conflict of interest. 4.5 Upon becoming aware of an actual, potential, or perceived conflict of interest, the individual involved in the selection process will immediately disclose the conflict of interest to Human Resources and remove themselves from the selection process. 4.6 Where Human Resources staff have a conflict of interest, they are required to disclose it to the Manager, Human Resources, or Superintendent of Human Resources and refrain from any involvement that could be construed as showing any form of favouritism, cronyism, nepotism or other conflict of interest. Job Postings 4.7 On becoming aware of a vacancy within their school/department, the responsible hiring manager will initiate the hiring process through a request to the applicable Human Resources contact (or designate), including providing the relevant details of the vacancy (full-time, part-time, permanent, or term/long term occasional). 4.8 Human Resources, in collaboration with the hiring manager, will develop the Job Posting. Job postings will be developed to meet the following expectations: a) contain consistent and complete information, including information about the nature of the job, required qualifications, experiences and assets. Job postings will be developed and structured in accordance with a consistent format developed and approved by Human Resources; b) include only legitimate job requirements that are directly and objectively linked to the duties and responsibilities of the advertised position; c) value additional experiences including lived experiences, skills, backgrounds, perspectives, and work experience that will add value to the role; d) use language that is inclusive and unbiased; e) be available in various forms of media, as required (eg. print, digital); - 8 - PR.700.HR f) comply with human rights legislation and collective agreement requirements; and g) include the approved equity and accommodation statement. 4.9 All postings will include an expectation that the candidate demonstrates equitable competencies and an ability to understand and respond to the needs of diverse students, communities and colleagues. 4.10 Human Resources will post internal vacancies on the District’s electronic job posting and applicant tracking system. Human Resources will also post vacancies that are open to external applicants on the Board’s website, and on other platforms and search engines to attract a diverse pool of qualified applicants. 4.11 When developing the qualifications, experiences and skil ls being sought for a position, for example, the OCT qualifications, additional qualifications, lived experiences, skills, backgrounds and work experience, consideration will be given to the following, as appropriate to the specific job: a) the approved job description; b) the needs of students and the community; c) the needs of the department/school, including succession planning considerations; d) specific legislative or regulatory requirements, for example, the Ontario College of Teachers, Ontario College of Trades, Ontario College of Early Childhood Educators, College of Psychologists of Ontario, Ontario College of Social Workers and Social Service Workers qualifications; and e) the collective agreement, where applicable. Recruitment 4.12 For vacancies open to external applicants, Human Resources will conduct recruitment and outreach activities, to attract a diverse pool of qualified applicants who are reflective of the local community and/or to reach applicants with specialized skills or training. This may include strategies, in addition to posting on the electronic applicant tracking system and board website, such as: a) advertising on additional relevant and search engines and websites, career/job search platforms and social media; b) attending job fairs and other recruitment events; and c) partnering with relevant communities, community agencies and other organizations. - 9 - PR.700.HR 4.13 The District will build and strengthen relationships with post secondary institutions, including faculties of education and other institutions that pr ovide training for specialized positions, for example, American Sign Language interpreters, in order to attract new graduates to available positions within the District. 4.14 The District will actively and regularly communicate its commitment to meeting its obligations under the Ontario Human Rights Code, including the obligation to provide accommodations for applicants through the hiring and selection process, and to potential and current employees. 4.15 Human Resources will, where possible, ensure diversity amon g representatives participating in recruitment initiatives, such as career fairs, on behalf of the District. 4.16 At least one fully accessible and cost-free application method or service will be available for all job competitions. Shortlisting and Selection 4.17 Initial screening of applicants will be based on the regulatory requirements in the posting (for example, OCT or other professional qualifications), and in accordance with any collective agreement requirements. Where positions are posted to external applicants, including long term occasional (LTO) and term positions, in addition to internal applicants, shortlisted external applicants may be released to the hiring manager only after review by Human Resources, to ensure the order of consideration of applicants is aligned with collective agreement requirements. 4.18 Hiring managers, in consultation with Human Resources, will establish selection criteria to screen application packages for shortlisting. Although regulated qualifications requirements must be adhered to, applicants’ additional experiences, lived experience, skills, backgrounds and perspectives must also be recognized and valued when developing selection and evaluation criteria. (Appendix A- Sample Application/Resume Scoring Rubric - Teachers) 4.19 Applicants whose application packages best meet the selection criteria will be shortlisted to proceed to the next phase of the selection process. Where multiple applicants have met the selection criteria, any further discretionary shortlisting, must be finalized in collaboration with at least one other person connected with the process. 4.20 Where the required skills, ability, experience (valuing lived, additional, and professional), and qualifications of candidates are relatively equal, other factors to consider include: a) voluntary self-identification as a member of an under-represented group; - 10 - PR.700.HR b) any additional considerations set out in the applicable collective agreement or other terms and conditions; and/or c) the importance of providing opportunities for new graduates, including those who have been working in long term assignments in anticipation of securing a permanent position. 4.21 Where possible, a minimum of three (3) qualified applicants should be offered an interview, or selected to proceed to the next phase of the process. In the event only one qualified applicant applies, the candidate should be interviewed to confirm their suitability for the position based on the identified requirements. 4.22 All aspects of the shortlisting process must comply with the Ontario Human Rights Code. Selection Process 4.23 Selection teams will: a) be comprised of a minimum of two (2) people; and b) where possible, intentionally and explicitly reflect a diversity of lived experiences and identities, as well as a diversity of: i. sets, ii. educational backgrounds; and iii. professional backgrounds. 4.24 Each hiring panel will have a chairperson, normally the Hiring Manager, who will be responsible for coordination, facilitation, documentation and adherence to the expectations outlined in this procedure. Human Resources will also monitor selection processes for compliance and provide technical advice and support as required through the process. 4.25 There may be consultation with, or participation by a subject specialist, who will contribute their expertise to the selection process, including, for example, interview tools, and look-fors/criteria for success. 4.26 Selection processes will normally include an interview, and may include additional assessments such as a written or knowledge-based assignment or test, case study, hands-on task, or demonstration. The hiring panel, with support from Human Resources, will be responsible for developing appropriate assessment tools, as applicable, including interview questions, interview assessment forms, and reference check questions to ensure that they reflect the requirements outlined in the posting, and the selection criteria for each job. (Appendix B - Sample Template: Interview/Assessment Scoring Rubric) - 11 - PR.700.HR 4.27 Accommodations based on Protected Grounds will be made at each step of the hiring process to ensure the process is equitable for all applicants. 4.28 The chairperson of the hiring panel will ensure that all shortlisted applicants are advised that they may continue to request accommodations through the hiring process. Where an applicant identifies a need for accommodations, the chair will work with Human Resources and the candidate to develop appropriate accommodations. 4.29 All candidates will experience the same process, sub ject to the obligation to provide accommodations. 4.30 Selection processes must include an opportunity to assess the candidates’ ability to work with a diverse student, co-worker and/or community population for example, through an interview question, an element of a case study, or other written assessment. 4.31 The chairperson will ensure that a minimum of two reference checks have been conducted on the candidate who is being recommended for the position. (Appendix C - Sample Reference Check Form) 4.32 Upon completion of the selection process, the chairperson, or member of the hiring panel, will communicate the outcome to the successful candidate, following which either Human Resources or a member of the hiring panel will advise unsuccessful shortlisted candidates. Where appropriate, the chair will confirm the successful candidate, as well as the start date and salary level with Human Resources prior to making a verbal offer. Human Resources will provide successful candidates with the appropriate formal written offer of employment. 4.33 Upon request, applicants who are interviewed but not offered the position will be provided with an opportunity for a debrief, which will include constructive feedback offered by one or more members of the hiring panel, including, where po ssible, specific steps that the applicant may wish to take to improve their chance of success in a similar process in the future. 4.34 All aspects of the selection process must comply with the Ontario Human Rights Code. Documentation and Record-Keeping 4.35 Each stage of the hiring process, including the requirements, criteria for shortlisting, and selection and results, should be documented and records retained for a minimum of 12 months. 4.36 The Hiring Manager will be required to upload the full hiring package into the applicant tracking system, or as otherwise directed by Human Resources. The hiring package - 12 - PR.700.HR will include the list of shortlisted applicants, scoring rubrics, interview questions and interview notes, reference check information and Recommendation to Hire, signed by all members of the hiring panel. Voluntary Self-Identification 4.37 Human Resources, in consultation with the Research, Evaluation and Analytics Division, and others, as appropriate, will establish processes for the collection, use and retention of voluntary self-identification data from job applicants as part of the application process. Securing Accountability 4.38 All hiring processes, including summer programs, short -term employment contracts, etc. will take place in consultation with, and be monitored by, Human Resources, and will be conducted in accordance with these procedures. 4.39 Human Resources will continue to collaborate with the Indigenous Education, Human Rights and Equity Division, to monitor, review, and amend Human Resources practices and this procedure, as appropriate. 4.40 Human Resources will conduct regular reviews of job competition processes, to ensure adherence with expected practices for equitable recruitment , and to ensure compliance with this procedure, Board policies, relevant collective agreements or handbooks, and applicable legislation, including the Ontario Human Rights Code, Accessibility for Ontarians with Disabilities Act, and the Ontario Anti-Racism Act. 4.41 Where hiring processes are found to be non-compliant, they will be interrupted or redirected by Human Resources staff, in consultation with the Superintendent of Human Resources. Training and Professional Development 4.42 All District staff involved in recruitment and hiring will participate in ongoing training and professional development, to support best practices related to equitable recruitment and hiring. Such professional development and training will include the following: a) information about the Ontario Human Rights Code with specific reference to the obligations related to employment; b) unconscious bias in the hiring process; c) principles of equity, diversity and inclusion; d) anti-oppression and anti-racism; e) relevant Board policies; and f) effective equitable recruitment and hiring practices. - 13 - PR.700.HR Monitoring and Evaluation 4.43 Human Resources, in collaboration with the Indigenous, Equity and Human Rights Division, will monitor and evaluate the effectiveness of the District’s recruitment and hiring practices through the following measures: a) assessing the skills, equity, and human rights competencies of the District’s workforce, and identifying any gaps (by ensuring these competencies are reflected in job descriptions / position profiles; appraisal tools, and met hods); b) collecting voluntary workforce demographic data that will disclose the diversity of the District’s workforce, including within separate employee groups, and at different levels of the organization; c) undertaking an employment systems review regularly; and d) developing and implementing a Fairness in Employment Plan and Strategy to: i. ameliorate the identified gaps and barriers to a diverse and inclusive work environment; and ii. enhance the diverse representation across all levels of the workforce. This plan will include: i. goals and timelines for closing those gaps, and removing identified barriers; and ii. additional positive measures to be taken to address systemic discrimination. Complaints Process 4.44 Employees or external applicants who feel that a hiring or selection process has been administered in a manner that breaches this procedure should contact the Manager, Human Resources regarding their concerns. a) Upon receiving a complaint, the Manager or designate will review the specific hiring process, including reviewing the documentation and following up with the Hiring Manager and members of the hiring panel, to discuss the concerns raised in the complaint. b) Where the review discloses irregularities o r non-compliance with this Procedure, the Manager, Human Resources or designate will, in consultation with the Manager, Legal and Labour Relations, take steps to remedia te and resolve the situation. c) Concerns raised by bargaining unit members with regard to the selection process for a unionized position within the same bargaining unit may be directed to the appropriate union and/or Labour Relations. - 14 - PR.700.HR d) Concerns that the process has been discriminatory based on a Protected Ground may be referred to the Office of the Human Rights and Equity Advisor for resolution. 5.0 APPENDICES (To properly view appendices, please right-click to open document in new tab then download) Appendix A - Sample Application/Resume Scoring Rubric - Teachers Appendix B - Sample Template: Interview/Assessment Scoring Rubric Appendix C - Sample Reference Check Form (Under Development) 6.0 REFERENCE DOCUMENTS United Nations Declaration on the Rights of Indigenous Peoples Ontario Education Act, 1998, section 8.1 (29.1) Ontario Regulation 298, Operation of Schools - General Accessibility for Ontarians with Disabilities Act Ontario Human Rights Code Ontario Anti-Racism Act Ontario Human Rights Commission Policy on Preventing Discrimination Based on Creed, 2015 Ontario’s Equity Action Plan, 2017 Ministry of Education Policy/Program Memorandum No. 165: School Board Teacher Hiring Practices, 2020 Ministry of Education Policy/Program No. 119: Developing and Implementing Equity and Inclusive Education Policies in Ontario Schools OCDSB Policy P.008.GOV: Advisory Committee on Equity OCDSB Policy P.024.HR: Employee Conflict of Interest OCDSB Policy P.146.HR: Equitable Recruitment, Hiring and Promotion