Equity Impact Analysis Guidelines 2009
Downloadable pdf file "Equity Impact Analysis Guidelines 2009".
Compiled by: Employment Equity & Diversity (EE&D) - Revised June, 2009
Introduction
The University is committed to fostering a culture which is characterised by open communication and integrity, is flexible and responsive, and which values its staff. As an employer the University has made a commitment to:
• Effective, efficient and transparent leadership, management and decision-making
• Equity in access to employment and equal employment opportunity
• Socially inclusive workplace policy and procedures
In developing operational plans and the associated reorganisation of functions, PVC Deans, Heads of School, Directors and other cost centre managers need to make every reasonable effort to ensure that any restructuring or reorganisation does not disadvantage Equity groups. The University Council has endorsed this commitment by stating that it is the University's responsibility to examine outcomes in terms of the current and new staffing profiles in relation to Equity groups prior to any workplace restructure which involves altering staff numbers and staffing profiles.
Employment Equity & Diversity is responsible for monitoring the University’s strategic goals in relation to equity, and to ensuring the University is meeting its employer responsibilities in maintaining a workplace that reflects the diverse nature of Australian society. Employment Equity & Diversity is responsible for providing assistance to managers during the reorganisation process to ensure that any reorganisation or restructure does not disadvantage any equity group. In addition, EE&D can assist managers to identify areas of opportunity in relation to equal employment opportunity.
Information obtained from analysis of the University's employment profile which may be pertinent to restructuring, includes the following:
General Staff
General staff – Full time 60% female
General staff – Part time 89% female
General staff – HEO 8 and above 89% male
General staff – 1st Language other than English 12%
Academic Staff
Academic staff – Full time 35% female
Academic staff – Part time 76% female
Academic staff – Level D and above 86% male
Academic staff – 1st language other than English 20%
Australian Indigenous staff
General staff 2%
Academic staff 0.05%
Senior positions 0%
Staff with disability
General staff 6%
Academic staff 8%
Senior positions 0%
These may be compared with the New South Wales Government targets for the representation of Equity groups within public sector organizations:
NSW Benchmarks
Women 50%
Indigenous Australians 2% (Armidale LGA 5.4%)
People with Disability 12%
First language other than English 19%
The University must make every reasonable effort to ensure that the representation of Equity groups is not adversely affected by restructuring. At UNE managers of workplace change need to pay particular attention to:
• Increasing the numbers of men employed as General staff at lower levels
• Increasing the numbers of women in senior positions across the University
• Increasing the numbers of women in full time, continuing academic positions, particularly above Level B
• Extending employment opportunities at all levels to Indigenous staff to build the representation of Indigenous staff in line with their representation in the Armidale-Dumaresq Local Government Area
• Ensuring that employment practices do not disadvantage staff with disability
• Staffing profiles need to be managed to ensure that people from identified equity groups are proportionately represented in line with their representation in the community.
Equity, restructuring and change management:
Constructive approaches to equity and change management during restructures include:
• The restructuring process and outcomes must be congruent with the University's commitment to equity and diversity.
• Desired outcomes should be planned, clear and communicated to stakeholders and employees.
• The approach to identifying areas for change should be transparent and communicated to all. Regular communication is vital to ensure effective consultation with, and involvement of, staff in all phases of the change process.
• Merit is the cornerstone of University selection. Decisions about retention and separation of employees should be based squarely on operational requirements and performance.
• There should be opportunities for people to contribute to decision-making that has a direct effect on them. For example, School Equity Committees provide an ideal vehicle for discussion of employees' concerns and for identifying appropriate strategies to address them.
• Staff should be involved and kept informed of decisions that affect their careers. Where the expectations or career prospects of staff are affected by change, the University will treat them fairly, sensitively and with respect.
• As set out in relevant industrial agreements, consultation with staff unions should also take place.
• The highest priority should be given to using the skills and experience of current employees to best advantage. Where possible, redesign of work and retraining of employees should be used to match people with work priorities. Redeployment and retraining are the preferred options, and redundancy provisions will only be used where the former is not feasible.
• Avoidance of unlawful discrimination, and promotion of employment equity are government policies – these policies must be observed in any decisions affecting people.
Legislative Framework
There are federal and state Anti-Discrimination and Equal Opportunity laws that set out the principles for equity in employment and education. Equity principles must underpin the decision-making process at all times. Specifically, managers need to be aware of the legislative requirement that the representation of people from identified equity groups is not diminished by any restructure or reorganisation. For links to the relevant legislation see www.une.edu.au/eeo (this site).
These legislative requirements are reflected in the UNE Workplace Agreement 2006-2008 that specifies any workplace change proposal document must include an Equity Impact Analysis (Clause 31.7).
Who are the Equity Groups?
Designated Equity groups are:
• Australian Aboriginal and Torres Strait Islander peoples
• People whose first language spoken as a child was other than English
• People with a disability
• Women
Checklist for Indirect Discrimination
Indirect discrimination occurs where there is a requirement (such as a rule, policy or procedure) that is the same for everyone, but which actually has a discriminatory effect on a particular group. The following provides some guidance and assistance to work out if a seemingly fair requirement is likely to be unlawful indirect discrimination.
Does it have, or is it likely to have, a proportionally different/ worse impact on:
• Women as opposed to men?
• Men as opposed to women?
• People from different ethnic or ethno-religious backgrounds as opposed to people from other ethnic or ethno-religious backgrounds?
• People with a disability or illness as opposed to people who don't have a disability or illness?
• Homosexual men/lesbians as opposed to people who aren't gay?
• One age group as opposed to other age groups?
If the answer to any of these questions is yes, and unless the condition, requirement or practice is reasonable in the circumstances, it is likely to be indirectly discriminatory. Factors to take into account when deciding whether a condition, requirement or practice is reasonable in the circumstances include:
• The nature and extent of the disadvantage that is or would be imposed;
• The feasibility of overcoming or mitigating the disadvantage;
• Whether the disadvantage is proportionate to the result sought
Equity Impact Analysis – What to Include?
An Equity Impact Analysis would include the following, in accordance with the prescribed content of the workplace change document:
• A statement of University objectives, a statement of cost centre objectives and how reorganisation/restructuring fits in with the University objectives.
• Analysis of data before and after the process. What is the current representation of equity groups within the employment profile? What will be the representation after restructuring? How will career development opportunities of Equity groups be affected? What percentage do Equity groups form within:
o senior positions
o decision-making processes
o contract staff
• A clear statement about the accountability of the individual cost centre manager in relation to restructuring.
• A clear outline of how the cost centre manager will implement the process. Implementation processes would need to include statements about the rationale, objectives, and processes, and the implications of the restructured faculty/cost centre for Equity groups.
To minimise adverse impact on Equity groups, you may consider the following:
• Conduct a workplace audit to establish the representation of people from identified equity groups within the workplace (Employment Equity & Diversity can assist with this)
• Identify those positions most at risk of involuntary redundancies, eg contract positions, positions targeted for redundancy based on defined principles (high cost/low enrolment, high cost /low demand)
• Identification of members of Equity groups in positions at risk
On the basis of this information assess potential impact of redundancy/redeployment on members of Equity groups.
Measures :
Devise measures to reduce impact on Equity groups. For example,
• Assess the potential for redeployment within the faculty or University
• Examine the possibility of cross-departmental teaching in areas of growth
• Examine the possibility of sharing administrative staff between areas
• Explore trade offs - the maintenance of a contract position as a result of Leave Without Pay and other arrangements (eg job sharing or fractional appointment) within the work unit or faculty
• Examine the possibility of a subsidised position in the light of the potential for growth
• Examine the possibility of external funding
It is important to ensure that any restructuring is properly planned and analysed from an equity perspective. The Manager, EE&D, is available to assist managers with the analysis and preparation of an Equity Impact Statement and to explore options and strategies to reduce any adverse affect of restructuring on staff.
For further information see www.une.edu.au/eeo (this site).
Contact Employment Equity & Diversity
Manager: Eliza Kent
Ext: 3242
Email: equity@une.edu.au
Project & Administrative Officer: Bernice O’Mahoney
Ext: 3591
Email: equity@une.edu.au