CITY OF HAMILTON Corporate Services and City Manager’s Office TO: COMMITTEE DATE: SUBJECT/REPORT NO: WARD(S) AFFECTED: PREPARED BY: SUBMITTED BY: The Mayor and Members, General Issues Committee June 3, 2015 Employment Systems Review FCS15048/CM15006 - (City Wide) City Wide Diana Belaisis (905) 546-2424 Ext. 4265 Mike Kirkopoulos (905) 546-2424 Ext. 2261 Cindy Mercanti (905) 546-2424 Ext. 2654 Aine Leadbetter (905) 546-2424 Ext. 6667 Maxine Carter (905) 546-2424 Ext. 6419 Mike Kirkopoulos Director Corporate Communication and Intergovernmental Affairs SIGNATURE: RECOMMENDATION (a) That the City of Hamilton Employment Systems Review Report, prepared by the Turner Consulting Group dated December 2014, attached as Appendix A to Report FCS15048/CM15006 be received; (b) That staff be directed to implement the first two phases outlined in the Employment Systems Review (ESR) Action Plan attached as Appendix B to Report FCS15048/CM15006; (c) That phase three of the ESR action plan be approved in principle, with budget and specific actions to carry out the implementation referred to the 2016 budget process for consideration; and (d) That Council endorses the diversity poster outreach (we call this the Equity and Inclusion Awareness Campaign) attached as Appendix C to Report FCS15048/CM15006. EXECUTIVE SUMMARY The City of Hamilton (referred to as the City) has taken many steps to build a strong foundation upon which the City can support and drive diversity and inclusion. The City has: created the administrative support necessary to achieve changes in the community through the Access & Equity Office; facilitated the development of policies and programs to support diversity and equity within the community; and created initiatives to encourage the inclusion and engagement of all Hamilton residents with their local government. The City of Hamilton has also focused on creating change and OUR Vision: To be the best place in Canada to raise a child, promote innovation, engage citizens and provide diverse economic opportunities. OUR Mission: WE provide quality public service that contribute to a healthy, safe and prosperous community, in a sustainable manner. OUR Values: Accountability, Cost Consciousness, Equity, Excellence, Honesty, Innovation, Leadership, Respect and Teamwork SUBJECT: Employment Systems Review (FCS15048/CM15006) - (City Wide) Page 2 of 7 championing inclusion and equity internally within its workplace. These initiatives have included the creation of a strong policy framework; sound employment practices; the achievement of legislative compliance; and a review of the City’s workplace demographics through the 2011 Workforce Census. In 2013, the City commissioned an Employment Systems Review to critically assess the recruitment and employment practices to ensure legislative compliance and to identify and provide guidance with regard to any gaps or barriers to inclusion still existing. The Turner Consulting Group completed the Employment Systems Review in December 2014 (appendix A). Staff developed an action plan to address the recommendations that were made within the report (appendix B). This report highlights the areas where the City is achieving best practice as well as identifies opportunities for improving practices to achieve a more diverse and inclusive workforce. The ESR Action Plan has been structured into three phases according to the City’s organizational readiness to implement change as well as the City’s capacity related to staffing and budget resources. Alternatives for Consideration – See Page 6 FINANCIAL – STAFFING – LEGAL IMPLICATIONS The recommendations within phase one of the action plan, can be integrated within existing activities over time, without additional financial resources. A number of initiatives have already been implemented with minimal financial impact. Implementation of the second and third phases of the action plan has financial and staffing implications. Financial: Resources would be required to develop training and education modules for staff, for additional targeted outreach programs and to support the collection and analysis of data upon which the City can benchmark and measure success in increasing workplace diversity. Some of this work has already begun within current budgets and limited resources. Staffing: An additional FTE would likely be required to develop and implement phase three of the action plan as well as maintain an ongoing focus on and oversight of the City’s workforce diversity strategy. HISTORICAL BACKGROUND In 2001 Council made a strong commitment to (1) the high value of the diversity of its residents and (2) developing, promoting and achieving an equitable and inclusive environment. The Access & Equity Office was established to carry out this commitment with a mandate to review, develop and implement policies, practices, programs, services and opportunities to ensure that equity and access are key considerations in the way the City of Hamilton delivers service and to remove and prevent further barriers to the equitable participation of the City’s diverse communities. OUR Vision: To be the best place in Canada to raise a child, promote innovation, engage citizens and provide diverse economic opportunities. OUR Mission: WE provide quality public service that contribute to a healthy, safe and prosperous community, in a sustainable manner. OUR Values: Accountability, Cost Consciousness, Equity, Excellence, Honesty, Innovation, Leadership, Respect and Teamwork SUBJECT: Employment Systems Review (FCS15048/CM15006) - (City Wide) Page 3 of 7 The Access & Equity Office has supported the implementation of a number of initiatives including a corporate Equity and Inclusion Policy. The policy has a number of stated outcomes that impact the community and the workplace including: ensuring that the principles of equity, inclusion, diversity, and public engagement inform City-wide policies, practices and programs; ensuring that equity, inclusion and diversity principles are embedded within all City of Hamilton programs and services; and ensuring that the staff of the City is reflective of the community we serve. The City of Hamilton has placed a high priority on building a workplace that is equitable and inclusive, representative of the community in which we serve, and is fully compliant with all legislation including the Access for Ontarians with Disabilities Act (AODA) and the Ontario Human Rights Code (OHRC). The importance placed on diversity in the workforce was also formalized within the 2012-2015 strategic plan, where City leadership made a commitment to building a skilled and capable workforce to deliver business objectives. A key action under this strategy was to develop an attraction and retention strategy that fosters a diverse and inclusive workforce. The City of Hamilton, through Human Resources, has built a strong foundation of practice, policy, and expertise in support of an inclusive and equitable workplace. A number of progressive policies and procedures that set a high standard for equity and transparency in the hiring process have been established. The City has ensured that all Human Resource practices and policies meet our provincially legislated requirements to provide safe, healthy and inclusive workplaces. The City has also worked to shape a supportive workplace culture through the development of training with regard to issues such as racial equity, respectful workplaces and workplace accommodation. In 2011, Human Resources oversaw the City’s first Workforce Census, to determine the extent to which the City’s workforce was reflective of the diverse communities we serve. The Workforce Census set a baseline upon which the City could gauge success in its inclusion initiatives and provided data on our employee population to inform Human Resources planning, program development and resource allocation. The Workforce Census also provided a number of recommendations to foster an inclusive organization. In 2013, Human Resources, with support from Access and Equity, voluntarily put its programs and processes under the microscope when it was decided to embark on an Employment Systems Review (ESR). An ESR is typically conducted in organizations (such as Federal Government Departments) that have a legislative requirement to review their practices to assess inclusion and equity. Such reviews are valuable as they not only ensure legislative compliance but also critically assess current practices to determine if there are any gaps or barriers to inclusion. The City of Hamilton sought to proactively commission an ESR to determine the impact that work in this area has had, and to get a clearer sense of what areas needed to be improved upon in order to meet the objectives of the Equity and Inclusion Policy. The objective was to see what was currently being done to address these topics; what would require more attention; and lastly, areas that required us to change our approach. This review, conducted by an external consulting group, took a critical look at the City of Hamilton’s employment practices, policies and programs to determine if: OUR Vision: To be the best place in Canada to raise a child, promote innovation, engage citizens and provide diverse economic opportunities. OUR Mission: WE provide quality public service that contribute to a healthy, safe and prosperous community, in a sustainable manner. OUR Values: Accountability, Cost Consciousness, Equity, Excellence, Honesty, Innovation, Leadership, Respect and Teamwork SUBJECT: Employment Systems Review (FCS15048/CM15006) - (City Wide) Page 4 of 7 (1) The City was in conformance with the legislative requirements under the AODA; (2) The goals outlined in the Workforce Census were being met; (3) The outcomes identified in the Equity and Inclusion Policy had been realized; (4) There were difficulties and potential gaps in gaining employment or to full inclusion within the City of Hamilton’s workplace. Further, the consultant was asked to provide the City of Hamilton with guidance and strategies to assist the City in achieving a workforce that is representative of the community in which we serve. There are limitations in this work, in that it is a snap shot and review of documentation that is constantly being updated. Significant policy updates have occurred since this Employment Systems Review was undertaken. Furthermore, the analysis didn't consider work in progress, only completed policies and practices. For example, the inclusion and equity campaign attached Appendix C to Report FCS15048/CM15006 is an example of such work that occurred post-review. POLICY IMPLICATIONS AND LEGISLATED REQUIREMENTS The ESR was conducted in part to review existing employment and recruitment related policies and practices and to determine legislative compliance. As such, the recommendations from the ESR have impacted a number of City of Hamilton policies and procedures that were under development, have since been reviewed and updated, and the recommendations will continue to provide a lens through which all policies will be developed and reviewed. RELEVANT CONSULTATION The City Manager’s Office, Corporate Communications, Human Resources and the Access and Equity Office reviewed the findings of the ESR and developed an action plan. Key experts in Community Services have also been consulted for input into the action plan. ANALYSIS AND RATIONALE FOR RECOMMENDATION In addition to the City of Hamilton’s responsibility to lead diversity initiatives within the community, there are also many additional benefits to having a diverse and inclusive workplace. Diverse workplaces have been found to: improve the attraction and retention of top talent; advance innovation and creativity in the workplace; provide enhanced customer service; increase employee engagement; adapt to change more readily; and promote organizational values (HR Council 2014). A diverse workplace also benefits a corporation in its relationship with the community. When the diversity of the community is reflected in a workplace, community engagement and trust has been shown to increase. Diversity increases connections to the community and provides for the opportunity to develop strategic partnerships, particularly with sections of the community that have been traditionally under represented (Ontario Ministry of Children and Youth Services, 2008). OUR Vision: To be the best place in Canada to raise a child, promote innovation, engage citizens and provide diverse economic opportunities. OUR Mission: WE provide quality public service that contribute to a healthy, safe and prosperous community, in a sustainable manner. OUR Values: Accountability, Cost Consciousness, Equity, Excellence, Honesty, Innovation, Leadership, Respect and Teamwork SUBJECT: Employment Systems Review (FCS15048/CM15006) - (City Wide) Page 5 of 7 The Employment Services Review provided a number of recommendations based on best practices that the City can implement to meet the goal of achieving a fully diverse workforce. The recommendations made within the report can be summarized into three categories: policy framework; corporate culture; leadership and organizational change, each including specific actions and initiatives. Staff recommend a phased approach to address the recommendations of the ESR based on organizational readiness and resource requirements. Phased Approach to Addressing the Employment Systems Review (1) Policy Framework (2) Corporate Culture Policies Processes Practices Workplace and corporate culture Experiences and perceptions Communication and Education (3) Leadership and Organizational Change Creating an Environment of Change Identifying areas that require further investigation Data collection and measurement of change Impact on Diversity and Inclusion in the Workplace Increases with each Phase The first phase of the action plan addresses the policy framework governing recruitment and employment at the City of Hamilton. The ESR found that the City has strong policies, procedures, and processes in place to support a diverse, inclusive and equitable workplace. Recommendations to strengthen this area were minor, and consisted primarily of edits to existing policies and suggestions for more inclusive language. Staff is in the process of updating policies and procedures to reflect the recommendations, with many of the changes already completed. The Employment Accommodation Policy and its associated procedures (Recruitment and Workplace Accommodation) were recently finalized and approved (attached as Appendix D to Report FCS15048/CM15006). The second phase of the action plan addresses recommendations made with regard to overall corporate culture. A key segment of this is communication and education. It involves building awareness. One key way in which this will be done is through the in diversity poster outreach in the Equity and Inclusion Awareness Campaign developed in conjunction with a cross-departmental staff group intended to educate and create awareness of inclusion and diversity principles. See Appendix C to Report FCS15048/CM15006. OUR Vision: To be the best place in Canada to raise a child, promote innovation, engage citizens and provide diverse economic opportunities. OUR Mission: WE provide quality public service that contribute to a healthy, safe and prosperous community, in a sustainable manner. OUR Values: Accountability, Cost Consciousness, Equity, Excellence, Honesty, Innovation, Leadership, Respect and Teamwork SUBJECT: Employment Systems Review (FCS15048/CM15006) - (City Wide) Page 6 of 7 The findings of the Employment Systems Review revealed that the City of Hamilton has a strong policy foundation, but could focus more on the individual experiences of exclusion at the City. To address these perceptions and advance corporate culture, the second phase of the action plan seeks to provide support and education for employees, increase awareness of the City of Hamilton’s employment practices, and continue to build upon a positive corporate culture. There is some work already under way to address the issue of corporate culture, experiences and perceptions which would assist in addressing a number of the recommendations made within the ESR. Since the initiation of the ESR, the City has developed and introduced Corporate Culture Pillars and has worked to positively improve corporate culture. Additionally, strategies are underway to improve internal communications; this initiative will provide a vehicle through which awareness campaigns can be disseminated. The upcoming poster campaign being undertaken by Access and Equity to address inclusion and equity will have an internal impact on corporate culture and inclusion (Appendix C to Report FCS15048/CM15006). Over time, it is felt that the continuation of current culture initiatives will positively impact the work environment and will lead to positive changes in perception and experience within the corporation. Current initiatives and programs will not be able to meet the recommendations made in the ESR that address issues around perception, culture and awareness as it relates to diversity and inclusion without investment of time and resources from the City. Phase two of the action plan requires that the City develop a focused and intentional training and communications plan to increase awareness in addition to the development of an inclusion strategy. Full implementation of this phase of the action plan will require some additional investment and/or a reallocation of current resources. The third phase of the ESR action plan speaks to the more substantial and systemic changes that would positively impact diversity. This phase requires commitment and investment from the leadership of the City of Hamilton to implement. In order to meet the goal of having a workplace that is reflective of the community, the City would have to undertake initiatives such as the development of a benchmarking and metrics system to assess diversity within the corporation on an ongoing basis, carryout a workforce census or a workforce diversity audit, and create targeted outreach programs to encourage and support applications from underrepresented groups. The types of initiatives require deeper analysis and planning, and would require additional staff complement and a capital budget. As such, staff is recommending that a more detailed plan and budget be developed for 2016 budget deliberations. ALTERNATIVES FOR CONSIDERATION The City of Hamilton could choose not to put resources into the ESR action plan and rely on diversity in the corporation to increase naturally over time through the current recruitment processes. OUR Vision: To be the best place in Canada to raise a child, promote innovation, engage citizens and provide diverse economic opportunities. OUR Mission: WE provide quality public service that contribute to a healthy, safe and prosperous community, in a sustainable manner. OUR Values: Accountability, Cost Consciousness, Equity, Excellence, Honesty, Innovation, Leadership, Respect and Teamwork SUBJECT: Employment Systems Review (FCS15048/CM15006) - (City Wide) Page 7 of 7 ALIGNMENT TO THE 2012 – 2015 STRATEGIC PLAN Strategic Priority #3 Leadership & Governance WE work together to ensure we are a government that is respectful towards each other and that the community has confidence and trust in. Strategic Objective 3.2 Build organizational capacity to ensure the City has a skilled workforce that is capable and enabled to deliver its business objectives. APPENDICES AND SCHEDULES ATTACHED Appendix A - Employment Systems Review Report Appendix B - Employment Systems Review Action Plan Appendix C - Equity and Inclusion Policy Poster Awareness Campaign Appendix D - Employment Accommodation Policy OUR Vision: To be the best place in Canada to raise a child, promote innovation, engage citizens and provide diverse economic opportunities. OUR Mission: WE provide quality public service that contribute to a healthy, safe and prosperous community, in a sustainable manner. OUR Values: Accountability, Cost Consciousness, Equity, Excellence, Honesty, Innovation, Leadership, Respect and Teamwork Appendix A to Report FCS15048/CM15006 Page 1 of 11 EXECUTIVE SUMMARY December 2014 EMPLOYMENT SYSTEMS REVIEW REPORT Executive Summary EXECUTIVE SUMMARY This Employment Systems Review Report is the product of six month's work by the consulting team to conduct a thorough analysis and review of the City of Hamilton's employment policies and practices to identify and make recommendations for the elimination of systemic, cultural and attitudinal barriers to a diverse workforce and full participation in the City's workforce. This review focused on achieving compliance with the AODA Employment Standard, the outcomes identified in the Equity and Inclusion Policy, the goals identified in the Workforce Census, and identifying strategies that will assist the City in achieving a workforce representative of the community we serve, with particular focus on the underserved communities. This review raised a number of issues central to creating equitable hiring practices, a diverse workforce and inclusive organizational culture. It also identified a number of issues peripheral to this work, but which will have a significant impact on whether and how well the City can undertake this work. While we can offer clear and easily implementable recommendations to remove systemic barriers and comply with the AODA, the bigger challenge for the City will be a change in organizational culture and the elimination of attitudinal barriers. The aim of workplace equity, diversity and inclusion (EDI) efforts is not only to create a workplace that reflects the diversity of the community served. In and of itself, diversity alone offers little benefit to the organization. The bigger payoff, and more significant challenge, is creating an inclusive organizational culture in which all employees feel welcome and included and are able to contribute their best to the organization. When this happens, the organization will benefit from the strength of diversity through higher productivity and efficiency, and greater innovation and creativity. Given the diversity of the GTHA's labour market and the increasing competition for talent to fill vacancies, this is work that cannot be left to chance. Inclusive organization's don't happen by chance. More and more organizations throughout the GTHA and the rest of Canada are recognizing that in order to be an employer of choice, an effective provider of services, and a good community citizen, they must deliberately and thoughtfully incorporate EDI into all aspects of their work. This requires the personal commitment of leaders to boldly lead employees on this journey. It requires the commitment of staff with the time, energy, commitment and tenacity to guide and nurture corporate programs, specific projects undertaken by departments, and individuals. It requires patience as well as discussions and action that © TURNER CONSULTING GROUP INC. |i EMPLOYMENT SYSTEMS REVIEW REPORT Executive Summary challenge the status quo, with the understanding that this is an ongoing journey and not a one-time initiative. Methodology for this review While the research team was open to exploring any issue of equity that arose in the course of the Employment Systems Review, the research inquiry was focused on issues affecting the groups which the City has identified as under-served communities, i.e., Aboriginal peoples, persons with disabilities, women, racialized / racial minorities, lowincome, immigrants and people from various religious backgrounds, and people from the LGBTQ communities. It is important to note that while the focus is on these under-served groups the removal of barriers to the hiring, advancement and full inclusion of these groups benefits all employees and offers benefits to the organization as a whole through improved productivity, effectiveness and responsiveness to the community served. To conduct this research, the team used the methodology for conducting an Employment Systems Review as provided by the federal government to guide employers that must comply with the requirements of the Employment Equity Act. This work includes an assessment of each policy, practice or system in terms of: Legal compliance: to ensure they are in compliance with equity-related legislation, including the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act Consistency: to ensure they are applied in a consistent manner throughout the organization Job relatedness: to ensure they are bona fide and objective, and constitute a business necessity Validity: to determine whether they objectively predict successful job performance Adverse impact: to assess whether they have a disproportionately negative effect on employees from diverse communities, backgrounds and identities Reasonable accommodation: to assess whether there are policies and procedures in place to identify and remove barriers in the workplace that keep qualified employees from participating equally in all aspects of employment, and Inclusive: whether policies and practices are inclusive of people from diverse communities and identities. © TURNER CONSULTING GROUP INC. | ii EMPLOYMENT SYSTEMS REVIEW REPORT Executive Summary The ESR blends the collection and analysis of both qualitative and quantitative data. Between October and December 2014, data was collected through the following: Review of hiring and promotion policies, written procedures and related documents Review of 50 competition files to assess how policies are implemented and any informal practices Seventeen focus groups in which 109 staff participated. These focus groups allowed the research team to explore equity issues for specific employee groups An online survey which was distributed to all staff either via email or paperbased, in which 1,078 staff participated Meetings with Human Resources staff, and 30 one-on-one interviews with union representatives and managers at all levels. In total, over 1,200 or 17% of City staff participated in these consultations. This participation is sufficient to provide us with data to identify workplace issues and make recommendations for addressing the identified issues. An Equity, Diversity and Inclusion Vision for the City Over the past few decades, the population of the city of Hamilton has changed dramatically. With changes to Canada's immigration policy in the late 1960s which removed the preference for European immigrants, the city population is now much more racially, ethnically, religiously and linguistically diverse. With an aging population and declining birth rates, Canada's population will become increasingly diverse as the country relies more heavily on immigration for population and labour market growth. The city population and labour market has also been affected by social changes, including the increased labour market participation of women, increased societal integration of persons with disabilities, and increased social acceptance of and openness from people who belong to the LGBTQ communities. We have also seen an increased understanding and discussions about issues of social inequality, changes to the family structure, and intergenerational difference with five generations of Canadians now in the workforce. © TURNER CONSULTING GROUP INC. | iii EMPLOYMENT SYSTEMS REVIEW REPORT Executive Summary Census data1 highlight the diversity of the population of Hamilton: 24% of Hamilton's population was born outside of Canada. Hamilton's foreignborn population is for the most part, not a recent one. Almost 40% of Hamilton's immigrant population settled in the city prior to 1971 While earlier immigrants came primarily from European counties, almost half of Hamilton's newcomer population comes from Asia and the Middle East On average, recent immigrants are younger than Hamilton's overall population Hamilton is the third destination of choice for newcomers to Ontario 1.5% of the city’s population reported an Aboriginal origin About 14% of Hamilton residents are racialized, i.e., racial minorities Community organizations estimate that 10% of the adult population belong to the LGBTQ communities Approximately 13% of the population has a disability. These demographic changes and social trends are not unique to the city of Hamilton and are faced by employers throughout Canada, particularly those in the Greater Toronto-Hamilton Area (GTHA) which is the most diverse region in Canada. These demographic and societal changes create a compelling business case for the City to focus its efforts on creating an inclusive organization. An inclusive organization includes a diverse workforce made up of people from diverse communities, backgrounds and identities at all job levels and within all departments. An inclusive organization leverages this diversity as a source of strength, innovation and creativity, which adds to the effective delivery of services to a diverse city population. An inclusive organization is supported by the human resource infrastructure to support equitable hiring and people management. It also has an organizational culture that embraces, values and capitalizes on what the rich diversity of its employees has to offer. It is a place where all employees feel comfortable, that is free from discrimination and harassment, and where each employee is able to contribute their best. Along with an organizational commitment, the City's journey to creating an inclusive organization also requires the personal commitment of leaders and employees. Those within the organization need to be open to learning about and changing their perceptions of themselves and those around them. Because this a learning journey everyone must recognize that the organization and individuals will make mistakes along 1 Data Source: Statistics Canada (2006 Census) © TURNER CONSULTING GROUP INC. | iv EMPLOYMENT SYSTEMS REVIEW REPORT Executive Summary the way. The challenge for everyone is to learn from these mistakes and apply this knowledge to create a stronger and more inclusive organization. While this journey will be challenging this is one that a major employer and key community partner in the city of Hamilton – within one of the most diverse regions in the world – must undertake. The Current State of EDI at the City In response to the increased diversity of the city population, the City of Hamilton has made a commitment through the Equity and Inclusion Policy to creating a diverse workforce and inclusive work environment. But if the organization is to achieve this vision, this review finds that this work needs to better operationalize and implement this commitment. The City also needs to do more to create the conditions under which managers and staff can engage in this work. This means supporting them to understand why this work is important, and ensuring that managers have the time, knowledge and support to effectively manage staff in an inclusive manner and to implement bias-free hiring practices. This review has identified strengths on which the City can build as well as gaps, and critical success factors that the City needs to address if it is to successfully move its inclusion agenda forward. 1. Organizational strengths Human Resource Policies and Practices: Through the review of the organization's human resources policies and practices it was quite evident that the organization has a strong human resource management infrastructure on which it can build its EDI strategy and initiatives. However, while the Human Resource Department has strengthened its practices, the challenge now becomes ensuring that these practices are communicated, appropriately monitored and implemented by managers. Human Rights, Access and Equity Infrastructure: The City also has begun some good work within the Human Rights Unit as well as the Access and Equity Office on which further work can be built. The staff in these offices have helped increase understanding among City staff of equity, diversity and inclusion. They have also provided much needed guidance and support to managers and employees to address issues that have arisen and have delivered training to increase awareness of discrimination, harassment and anti-racism. © TURNER CONSULTING GROUP INC. |v EMPLOYMENT SYSTEMS REVIEW REPORT Executive Summary 2. Critical success factors Three factors are critical to the success of the City's workplace EDI efforts. Without attention to these factors they can become barriers to the successful implementation of the organization's workplace EDI efforts. Position EDI as a Business Imperative: In order for this work to generate buy-in from staff, EDI must be positioned as "the smart thing to do" rather than "the nice thing to do." A more diverse workforce and inclusive work environment needs to be seen by the organization as a business imperative that will strengthen its productivity and innovation, as well as its ability to effectively and appropriately deliver services to a diverse community. The diversity of the GTHA will only increase as the country continues to rely on immigration for population and labour market growth. As such, managers and employees must understand that a commitment to EDI is critical for the organization. This means that equity, diversity and inclusion - in the workplace, as this report addresses, but also in service delivery - needs to be seen as integral to all aspects of the City's work, and not an add-on. Leadership Commitment and Capacity: The commitment of the City's senior leaders and developing their capacity to champion and lead this initiative will be key to leading this work. Throughout the consultations for this ESR it is evident that workplace equity, diversity and inclusion are not top of mind for the organization. If the City is to become an inclusive organization, it needs to make the commitment to continuing on the EDI journey and then take steps to operationalize this commitment. This commitment must then be reflected in the words and deeds of leaders which will then filter down throughout the organization. Resourcing: There are a number of recommendations that require minimal investment, particularly in the area of revising policies. Others require additional resourcing, both within the Human Resources Department and in other parts of the organization. Without a commitment to allocating appropriate financial and human resources to implementing these recommendations and including the implementation of these recommendations within a broader Workplace Inclusion Strategy, there is little chance of successfully and effectively making change. We also recommend that the City hire staff dedicated to workplace EDI to provide the expertise needed to thoughtfully lead such organizational change. This staff can also © TURNER CONSULTING GROUP INC. | vi EMPLOYMENT SYSTEMS REVIEW REPORT Executive Summary help to ensure that equity, diversity and inclusion are reflected in other people management strategies, so that it is engrained into the City's DNA. It is important to note that the recommendations made within this report were made without consideration for resourcing. We have identified what we consider are the activities that the organization needs to undertake if it is to become a more inclusive organization. It is up to the City to determine the timelines and the resourcing of these initiatives. Workload: The City appears to be an organization that is under-resourced and staff are stretched, particularly at this middle management level. An environment in which managers do not have the time to appropriately manage staff is not fertile ground for implementing EDI efforts. While workload is an issue peripheral to workplace equity, diversity and inclusion, it is central to the organization's ability to successfully make organizational change. The Road Ahead: Key EDI Issues and Gaps to Address This review has identified various issues and gaps that fall into four key priority areas. These priority areas are the high level "what" that should form the basis of the City's action planning or a Workplace Inclusion Strategy. Priority 1: Comply with AODA Employment Standards The Employment Standards of the Accessibility for Ontarians with Disabilities Act sets out specific requirements in all areas of employment. The City is not yet in compliance with these requirements. Several recommendations made in this report will ensure that the City of Hamilton is in compliance with the specific requirements of the Employment Standards, including: Recruitment, Assessment, Selection and Hiring Notify candidates about the availability of accommodation during recruitment Provide assessment and selection materials in an accessible format Notify successful candidate of the policies for accommodation of employees with disabilities Employee Management Develop a written process for the development of accommodation plans Consider accessibility when performance managing, providing career development or when redeploying as an alternative to layoff Provide training on the requirements of the accessibility standards to all employees © TURNER CONSULTING GROUP INC. | vii EMPLOYMENT SYSTEMS REVIEW REPORT Executive Summary Information and Communication Provide all employment-related information in accessible formats (e.g. application forms, employee orientation material etc.) Policies Develop an organizational accessible employment policy statement Develop, adopt, document and maintain policies that support the implementation of the commitments made in the policy statement Inform employees about these policies. Priority 2: Create the Infrastructure and Generate Buy-in for this Work The City should take immediate steps to develop a Workplace Inclusion Strategy and create the infrastructure to not only implement the recommendations from this report, but to ensure it is coordinated with the other human resources, equity and diversity work ongoing within the City. This includes: Develop a Workplace Inclusion Strategy to strategically address the issues identified in this report and to implement the commitments made in the Equity and Inclusion Policy Creating a business case for workplace EDI, that links this work to a stronger, more productive, creative and innovative organization that will deliver effective and relevant services to a diverse city population Increase employees' understanding of and support for workplace equity, diversity and inclusion Devote appropriate financial and human resources to implement this strategy, including hiring a Workplace Inclusion Manager Assign a senior leader as the champion of workplace EDI. : Priority 3: Create a More Diverse Workforce As the population of the city of Hamilton and surrounding region has transformed into a tapestry of colours, customs, languages, accents, beliefs, values and talents, the City of Hamilton needs to do more to reflect this diversity within the organization. © TURNER CONSULTING GROUP INC. | viii EMPLOYMENT SYSTEMS REVIEW REPORT Executive Summary As such, several recommendations focus on what the City can do to create a more diverse workforce, including: Better using summer employment programs to hire students from under-served communities Developing and implementing an outreach recruitment strategy to ensure that job-seekers from the under-served communities see the City as an inclusive and equitable employer Integrating strategies to diversify the workforce in the City's succession planning strategy and a strategy to fill hard-to-fill positions Developing programs, such as mentoring and leadership development programs, to support the hiring and advancement of employees from the under-served communities. Priority 4: Create an Inclusive Organizational Culture The feedback from staff suggests that while some managers and supervisors have created welcoming and inclusive work environments, more work needs to be done to support all managers to do the same. In addition, more could be done to increase the level of understanding among staff about EDI and their role in creating inclusive workplaces. As such, the recommendations made include: Ensuring senior leaders champion the City's EDI efforts and integrate it throughout the work of their divisions Providing regular training to all leaders, managers and supervisors about their responsibility and strategies to create welcoming and inclusive workplaces Providing regular training to staff about their role in creating and maintaining welcoming and inclusive workplaces Collecting and analyzing data to identify issues and assess change over time, such as conducting an organizational culture survey (annually or bi-annually). Priority 5: Continue to Strengthen Human Resource Policies and Practices While the strength of the City's HR policies and practices has been identified as a strength on which the City can build, recommendations have been made to further strengthen these policies and practices, and to support compliance. © TURNER CONSULTING GROUP INC. | ix EMPLOYMENT SYSTEMS REVIEW REPORT Executive Summary These include: Working with unions to develop Letters of Understanding that deal with workplace equity and diversity to articulate a joint commitment to examining and addressing issues of equity and diversity Making modifications to a range of policies to better align them with equity, diversity and inclusion principles and practices Supporting managers to consistently comply with these policies and practices. Next Steps The completion of an Employment Systems Review is an important first step for the City of Hamilton to meeting its stated goals of creating a diverse workforce and inclusive organizational culture. We strongly recommended that the completion of this Employment Systems Review begins a process of coordinated implementation of the recommendations. The development of a workplan, including timelines and responsibilities, will help ensure that the list of recommendations are prioritized, is addressed in a coordinated manner, and that implementation is monitored to ensure all recommendations are addressed and that adjustments are made as needed. While the EDI journey ahead will challenge the organization, its leaders and employees, it is a journey that creates a stronger, more innovative and effective organization that will better meet the needs of city residents - which is one the diverse city population deserves. © TURNER CONSULTING GROUP INC. |x Appendix B to Report FCS15048/CM15006 Page 1 of 1 Employment Systems Review Action Plan 2015 - 2020 Phase One Policy Framework Phase Two Corporate Culture Phase Three Leadership and Organizational Change Refining Engaging Human Resources and Access and Equity are updating and clarifying language within existing policies and procedures to reflect inclusive practices. 2015 The City will be increasing engagement through stronger communications, developing employees, ensuring inclusive practices, engagement surveys, and providing support where needed 2015-2018 A workforce diversity strategy to be developed with targeted programs to increase inclusion of underrepresented groups in hiring and employment with the City of Hamilton. 2016-2020 Learning Measuring The City will build awareness and greater knowledge of policies, programs and processes and how they contribute to inclusion and equity within the workforce. Supports will also be developed for management 2015-2018 To be able to determine success in efforts, the city must reassess the composition of the workforce through a second census and develop a data collection and reporting system. 2016-2020 Enhancing Human Resources staff is reviewing current hiring systems and applying an “equity lens” to ensure that City processes reflect the best practices in equity and inclusion 2015 and ongoing Developing Policies, procedures, scripts and guides are being developed to further support inclusion and equity objectives and to ensure that the City of Hamilton remains in compliance with all related legislation 2015 and ongoing Building The City will continue to build an inclusive and equitable work environment that is supported by corporate culture pillars 2015-2018 Strategizing Changing The City will set targets and develop a change management plan to ensure that the goals of the diversity strategy are realized. 2016-2020 To begin in 2016; additional resources required Ongoing. Component of Corporate Culture Initiative; additional or reallocation of resources needed Immediate actions, ongoing management within existing budgets Appendix C to Report FCS15048/CM15006 Page 1 of 5 City of Hamilton Equity and Inclusion Policy Poster Awareness Campaign Background As a response to the City's growing diversity, the City of Hamilton made an explicit commitment towards ensuring that the City places a high value on the diversity of its growing population and desires to develop, promote and possess an equitable and inclusive environment. The Equity and Inclusion Policy was developed in order to embed the value of equity and the principle of inclusion into the way the City does business. The policy also seeks to foster a city where everyone is respected, valued and receives services, programs and opportunities, that they need, thereby positioning Hamilton as a model in municipal practices that welcome, include and nurture diversity and a sense of belonging. While the Accessibility for Ontarians with Disability (AODA) 2005 legislation is a directive from the province, the City developed and Council approved our own Policy commitment to accessibility as part of the Equity and Inclusion Policy that was approved in 2010. The Province has since made this policy statement a requirement of all municipalities. Through implementation, the Equity and Inclusion Policy will enhance decision-making, policy development, service delivery and opportunities, ensuring that consideration are given to equity, inclusion, diversity and engagement for everyone. It also ensures a policy commitment to meet the needs of the under-served communities in Hamilton. In addition to the development of tools for implementation of the Policy, there was a commitment to undertake a communications campaign in order to positively reinforce the purposes and intent of the Equity and Inclusion Policy and the AODA, and to foster an inclusive and supportive environment. The messaging developed was internally focused with the opportunity for applicability to the general public. The Equity Diversity Strategic Implementation Team (EDSIT) consisting of managers, directors and lead staff from each department, has worked with a Social Marketing and Communications consultant (IQ3) in selecting and finalizing messaging and images. The team is in the process of finalizing a distribution plan for the campaign. Also involved in the review and approval of the message campaign were Michael Kirkopoulos, Director of Communications, City Manager’s Office, Helen Hale Tomasik, Executive Director, Human Resources, City Manager’s Office and Mike Zegarac, General Manager, Corporate Services. June 3, 2015 Access & Equity Objectives of the Awareness Campaign The messages were developed to reinforce the following: Equity and Inclusion are all-encompassing principles that address many forms of discrimination and marginalization; there can be no exceptions or selective interpretations with respect to any group or issue Equity and Inclusion is integral to robust business practices and the foundation for an engaged and vibrant city The City is committed to the implementation of the policies and principles of accessibility, equity, inclusion and diversity across the organization as a means to demonstrate collective accountability and sensational service Accessibility, equity, inclusion and diversity may be leveraged as strategic assets – particularly in the context of a diverse population and an increasingly globalized business environment; they are key hallmarks within any progressive organizational structure and the backbone of a healthy and productive economy Campaign Summary The communication messages are designed to educate Council, all employees, volunteers, agents, consultants and contractors working on behalf of the City about the meaning and intent of the Equity and Inclusion Policy and the AODA 2005. Who: The messages will target internal (70% of messages) and external stakeholders (30% of messages) to understand the purpose and intent of the AODA and the Equity and Inclusion Policy and the respective roles and responsibilities of management and staff. When: The implementation, monitoring and evaluation of the communication messages will take place over the next 12 – 18 months however, most intensely, the roll out of the messages will take place over the next six to eight months. How: The messages will be delivered through electronic (computer and monitor screens) and poster/paper communications systems to the appropriate audiences and stakeholders. Follow up or questions that are generated from the staff and/or community will be addressed via the link in the footer of the messages to the FAQ information and through the phone number 905 546-CITY and to the appropriate contacts that are members of EDSIT. Campaign Themes The campaign is framed to be thought-provoking and empathetic, with themes centred on diversity, diversity at work, equity, inclusion, open doors, service and choice, antiJune 3, 2015 Access & Equity racism, disability, gender equality, sexual orientation, sexism, homophobia, religious intolerance and bigotry. Target Audience City Council, Management and Staff General population Underserved groups Media and civic peer influencers Schedule The campaign will start to roll out in late May to early June 2015 June 3, 2015 Access & Equity Sample of Campaign Messages Welcome to Hamilton, City Limits: None, Population: Diverse, Opportunities: Endless June 3, 2015 Access & Equity A Promising Future is a Diverse One. June 3, 2015 Access & Equity Appendix D to Report FCS15048/CM15006 Page 1 of 7 Corporate Human Resources Policy Work Environment Policy No: HR-58-13 Page 1 of 7 Approval: 2015-03-12 Employment Accommodation Policy POLICY STATEMENT The City of Hamilton (“the City”) is committed to providing equitable treatment to all with respect to Barrier-free employment and Accommodation without discrimination. The City is committed to accommodating employees and applicants whenever necessary up to the point of undue hardship. PURPOSE The purpose of this Policy is to outline the City’s commitment to enable equal access to all employment activities. These activities include equal access to recruitment, assessment, selection, and hiring activities for all individuals, and equal access to orientation, nondiscriminatory working conditions, promotion opportunities, training, performance management and career development for all employees. Accommodation shall be evaluated for employees who have a temporary or permanent Disability, or who otherwise need accommodation based on the protected grounds highlighted in the Ontario Human Rights Code. All employees and job applicants must be able to perform the essential duties of the job with or without any accommodations made. Accommodations may be implemented to enable employees to fulfill essential job duties and to enable individuals to equally access recruitment and selection processes. The City must provide employment accommodation as a legal obligation under the Accessibility for Ontarians with Disabilities Act (AODA) and the Ontario Human Rights Code (OHRC). SCOPE This Policy applies to all employees of the City which includes but is not limited to regular, temporary and contract employees. This policy also applies to volunteers, students and interns. For the purpose of this policy, collectively these classifications will be called “employees”. This Policy also applies to external applicants seeking employment and volunteer opportunities at the City. For time off for religious observation, see the City’s Accommodation of Time Required for Religious Observance Policy. Corporate Human Resources Policy Work Environment Policy No: HR-58-13 Page 2 of 7 Approval: 2015-03-12 DEFINITIONS The following terms referenced in this Policy are defined as: Accommodation The obligation that an employer has, to the point of Undue Hardship, to ensure that Barriers are removed from the workplace such that an employee can fully participate without discrimination. i) Individual Accommodation - An adaptation or adjustment that may be required to enable an employee to perform his or her essential job responsibilities effectively. This may involve providing technical aids such as software or hardware, changing some duties or hours of the employee, when operationally feasible, which allow the employee to complete the essential duties of the position, reassignment of the employee into available suitable work, utilization of a service animal in the workplace, or provision of specific services such as providing attendant care or sign language interpretation; and job coaches to assist in the initial training and integration of employees with medical or development disabilities. ii) Universal Accommodation The process of identifying and eliminating Barriers for everyone. This can be done by modifying policies, programs, procedures and practices, and ensuring that potential barriers are identified and resolved. Refer to the City’s Equity & Inclusion Policy for further information as to how the principles of Equity and Inclusion are embedded in the City of Hamilton’s delivery of services and programs. Barrier Anything that prevents a person from fully participating in all aspects of society including a physical Barrier, an architectural Barrier, an information or communications Barrier, an attitudinal Barrier, a technological Barrier, a formal or informal policy or a practice. Disability Covers a broad range and degree of both past and present conditions in addition to those that are perceived. They can include physical, mental and learning disabilities. (Ontario Human Rights Commission). Protected Grounds The Ontario Human Rights Code prohibits discrimination against people within specified grounds. Protected grounds include: age, ancestry, colour, race, citizenship, ethnic origin, place of origin, creed, disability, family status, marital status (including single status), gender identity, gender expression, receipt of public assistance (in housing only), record of offences (in employment only), sex (including pregnancy and breastfeeding) and sexual orientation. Undue Hardship The extent to which an employer must accommodate the needs of an Corporate Human Resources Policy Work Environment Policy No: HR-58-13 Page 3 of 7 Approval: 2015-03-12 employee on grounds protected under the Ontario Human Rights Code. The City must take all reasonable steps to ensure that an employee can be accommodated within the workplace; however in some very limited cases the City may not be obligated to provide accommodation where it would impact the viability of the corporation. To meet these exceptions the City has to demonstrate that an Accommodation would cause Undue Hardship due to (1) costs or (2) impacts to health and safety requirements. The following principles apply to this Policy: PRINCIPLES 1. The City is committed to the fundamental principles of dignity, independence, integration and equal opportunity that form the foundation of the AODA. These principles underlie and shape all City policies, procedures, practices and interactions with all persons employed by, seeking employment with, or conducting business with the City. 2. The City values the maintenance of a workplace environment that is inclusive and free from discrimination for all employees in accordance with its Equity & Inclusion and Harassment and Discrimination prevention policies. As such, the City takes into account Disability, and seeks to remove Barriers and create equitable access to opportunity for all. 3. The right to accommodation is recognized as being an integral component of the right to equality for all persons. 4. The City is committed to ensuring the health and safety of all employees and it is paramount that health and safety policies and requirements are followed. Accommodation may not be approved if it puts at risk the health and safety of any individual 5. Under the Ontario Human Rights Code, the City has a responsibility to remove Barriers within the workplace and accommodate employees and applicants whenever necessary up to the point of Undue Hardship. 6. Accommodations will ensure that the dignity and confidentiality of the employee is respected. 7. Accommodations made will be individualized, inclusive, and will be developed through the partnership of all involved. There may be preferences as to the ideal accommodation; however; the selected accommodation will represent the most appropriate and reasonable solution. Corporate Human Resources Policy Work Environment Policy No: HR-58-13 Page 4 of 7 Approval: 2015-03-12 TERMS & CONDITIONS Individual Assessment Accommodation is assessed and delivered on an individual basis for employees and job applicants who make their needs known; or in situations when there is reason to believe that accommodation for an Employee may be required. For example, if an employee has a lot of sick time, the manager / supervisor has a duty to inquire if accommodation is needed. Each situation must be considered individually in order to assess appropriate Accommodation. Requests for accommodation must be dealt with quickly and effectively so employees can fully participate in all aspects of employment and recruitment, except where Undue Hardship can be demonstrated. Confidentiality Individuals must be accommodated in ways that respect their dignity, worth, and right to privacy in the workplace. All information relating to specific requests for accommodation will be treated as confidential and will only be used for the purpose of meeting accommodation requirements. The City will comply with all privacy, confidentiality and security requirements of the Municipal Freedom of Information and Protection of Privacy Act. Performance Standards All employees must be able to complete the essential duties of their position. The City is not obligated to accept substandard or less than competent performance from an employee who has been accommodated. In certain circumstances, productivity levels may be temporarily or permanently adjusted as a form of reasonable accommodation. RESPONSIBILITIES The following positions and/or departments are responsible for fulfilling the responsibilities detailed in this Policy as follows: 1) The Employer The City must ensure that all recruitment and assessment materials and processes assess the applicants based on the essential duties of the job. The City shall make every reasonable effort to ensure Confidentiality for employees or job applicants who request individual Accommodation. A confidential inquiry by an employee’s manager / supervisor is appropriate if there is reason to believe an accommodation may be required. Confidentiality includes taking care to protect all employee records including any Individual accommodation Plans to remove Barriers for prospective and existing Corporate Human Resources Policy Work Environment Policy No: HR-58-13 Page 5 of 7 Approval: 2015-03-12 employees in compliance with Ontario’s AODA legislation. 2) Employees Requiring Accommodation The employee will notify their supervisor / manager or human resources regarding the need for accommodation. The employee will identify any known accommodation needs and will cooperate with reasonable requests for evidence establishing his/her accommodation needs. The employee will cooperate with the City in the accommodation process. The accommodation is based on individual circumstances and can include but is not limited to recruitment, selection, training, promotion, performance appraisal, work tasks and responsibilities, and any other conditions of employment where the need for accommodation may be identified. The process for Accommodation is consultative involving the employee, the employee’s manager, Human Resources, and, where appropriate, employee unions, medical practitioners and other third parties with specialized expertise. Accommodation may result in specific temporary or permanent changes to a position that may include the introduction of additional services, adaptations or adjustments that enable an otherwise qualified individual to compete for jobs and perform the essential duties of a job. Management If a City supervisor or manager has reason to believe there is an Accommodation need or s/he receives a request, s/he has the responsibility to initiate action on the request in a timely manner upon becoming aware of the need. Human Resources and Access & Equity can consult with Managers on this Policy and provide information with regard to City resources available to support employee accommodation. Human Resources Human Resources must be contacted for consultation and guidance concerning any Accommodation. Human Resources will provide assistance in the preparation of Accommodations for current employees as well as for job applicants who identify the need. In accordance with the AODA (Employment Standards) requirements, the City shall fulfill the following responsibilities: Recruitment o Post information about the availability of accommodations for applicants with disabilities in its recruitment process. o Ensure that job applicants who are individually selected for an interview and/or testing are notified that accommodations for Corporate Human Resources Policy Work Environment Policy No: HR-58-13 Page 6 of 7 Approval: 2015-03-12 material to be used in the recruitment process are available, upon request. o Request the required support from Access & Equity to book any required equipment or communications format to provide accessible accommodations for a job applicant o Consult with any applicant who requests an accommodation in a manner that takes into account the applicant’s Disability. Successful applicants shall be notified about the City’s policies for accommodating employees with disabilities upon the City providing a written job offer. Return to Work Services o Maintain a Work Accommodation Procedure that can be used to develop Individual Employee Accommodation Plans for existing employees, as required. o Provide consultation and guidance to departmental managers/supervisors on whether to approve a request for Individual Employee Accommodation. o Provide consultation and guidance to departmental managers/supervisors on how to implement an Individual Employee Accommodation Plan including how to modify existing job duties; or redeploying an employee to a suitable equivalent position if accommodation is not possible due to inability to perform essential duties or meet health and safety requirements. Employee Supports Human Resources will inform employees of its accommodation policies to support employees facing barriers in the workplace. This information shall be provided to new employees as part of the job offer letter and updated information provided to all employees whenever there is a change to existing Accommodation related policies. Access & Equity Accessible Formats and Communication Supports for Employee Upon an employee’s request, Access & Equity staff shall consult with the employee to provide or arrange for the provision of accessible formats and communication supports for: Corporate Human Resources Policy Work Environment Policy No: HR-58-13 Page 7 of 7 Approval: 2015-03-12 information needed to perform the employee’s job; information generally available to employees in the workplace. COMPLIANCE Any Employee who is found to have violated this Employment Accommodation Policy may be disciplined according to the severity of the actions, up to and including dismissal. RELATED DOCUMENTS The following related documents are referenced in this Policy: 1. Accommodation of Time Required for Religious Observance Policy 2. Equity & Inclusion Policy 3. Work Accommodations Procedure for Employees with Accommodation Needs Based on a Medical Condition or Disability 4. Recruitment Accommodation Procedure 5. Ontario Human Rights Code, 1990 6. Accessibility for Ontarians with Disabilities Act, 2005 7. Municipal Freedom of Information and Protection of Privacy Act. HISTORY The following stakeholders were consulted on this Policy: Corporate Policy Review Group Access & Equity Legal Services This policy was approved by Senior Management Team on 2015-0312