Equity Impact Analysis Guidelines 2005

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. It has made a commitment to effective, efficient and transparent leadership, management and decision-making, and to equity in access to employment, and equal employment opportunity. In developing operational plans and the associated reorganisation of functions, deans of faculties, heads of directorates and other cost centre managers need to ensure that restructuring/reorganisation of work does not disadvantage Equity groups.

The University recognises the equity issues involved in restructuring and is committed to ensuring that Equity groups are not worse off as a result of the restructuring process. Council has endorsed this commitment in 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 before the restructuring of any area which involves altering staff numbers and staffing profiles.

The Equity Office contributes to the achievement of the University's strategic goals by policy development and implementation. Its work contributes to achieving an inclusive environment in which the diverse nature of the Australian society is reflected in all aspects of employment and education. The Equity Manager's responsibilities include the provision of assistance to managers in the reorganisation process so as to ensure reorganisation does not result in disadvantaging Equity groups.

Information obtained from analysis of the University's employment profile which may be pertinent to restructuring, includes the following:

general staff women make up 89% of permanent part-time employees and 62% of part-time contract employees
academic women hold 37% of all permanent academic positions (less than the current proportion of female academic staff which is 40%)
90% of academic women are employed at or below level C
Aboriginal or Torres Strait Islander peoples make up some 2.4% of general staff and 0.8% of academic staff. (The Indigenous population of the Armidale area is approximately 5% of the overall population.)

[Information re general staff women and academic staff women is as at 31 March, 2004. More information on the representation of Equity groups at UNE is available in the Employment Equity Progress Report. See the full report on the Equity Office web site http://www.une.edu.au/eeo

Indigenous information derived from Australian Bureau of Statistics, 2001 Census. (Anecdotal information from the Indigenous community suggests Indigenous representation among the local population is considerably higher than census information suggests.) ]

The New South Wales Government has set targets for the representation of Equity groups within public sector organizations as follows:

women -- 50%
Aboriginal people and Torres Strait Islanders -- 2%
people with a disability who require work-related adjustments -- 7%
people whose first language was not English --19%

The University will make every reasonable effort to ensure that its progress in terms of representation of Equity groups is not adversely affected by restructuring. The following information provides a guide to Employment Equity Analysis which the change management process needs to address.

Equity Principles in Strategic Planning and Restructuring

Principles and process requirements which underpin the way in which change management needs to be approached include:

The restructuring process and outcomes should 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 successfully managed change; effective consultation with, and involvement of staff is necessary 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 decisions which have a direct effect on them. For example, Faculty Equity Committees provide an ideal vehicle for discussion and consideration of employees' concerns and for identifying appropriate strategies.
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 to best advantage the skills and experience of current employees. 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 should be observed in any decisions affecting people.

Legislative Framework

There are federal and state Anti-Discrimination and Equal Opportunity laws which set out the principles for equity in employment and education. Equity principles must underpin the decision-making process at all times. Government policy on restructuring process includes:

The proportion of each EEO group in the agency before the restructuring should not
be diminished by the restructuring process.

This is supported by the following statement of University policy:

That the University conduct an Equity Impact Analysis of likely outcomes of any
proposal directed at altering staff numbers and staffing profiles.

Who are the Equity Groups?

Designated Equity groups are:

Women
Aboriginal and Torres Strait Islander peoples
People whose first language spoken as a child was other than English
People with a disability

Checklist for Indirect Discrimination

Indirect discrimination occurs where there is a requirement (such as a rule, policy or procedures) 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 of practice is reasonable in the circumstances , it is likely to be indirectly discriminatory.

[Factors that are taken into account when deciding whether a condition, requirement or practice is reasonable in the circumstances include: (a) the nature and extent of the disadvantage that is or would be imposed; (b) the feasibility of overcoming or mitigating the disadvantage; (c) whether the disadvantage is proportionate to the result sought.]

Equity Impact Analysis – How? What to Include?

An Equity Impact Analysis would include the following:

i) A statement of University objectives, a statement of cost centre objectives and how reorganisation/restructuring fits in with the University objectives.

ii) Analysis of data before and after the process. What is the current representation of equity groups (if known) within the employment profile? What will be the representation after restructuring? How will career development opportunities of Equity groups be affected? What percentage do women (and other Equity groups) form within:

senior positions
decision making processes
contract staff

iii) A clear statement about the accountability of the individual cost centre manager in relation to restructuring.

iv) A clear outline of how the cost centre manager will implement the process. Implementation of the process would require developing an understanding of the framework for restructuring and would consider such issues as rationale, objectives, process and the implications of the restructured faculty/cost centre for Equity groups.

To minimise adverse impact on Equity groups, you may consider following:

staff audit in terms of Equity group representation (the Equity Office can assist with this)
identification of 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 department/section 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 Equity Manager 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.

[ These Guidelines draw on information provided by Professor Anne Pauwels, the NSW Anti-Discrimination Board and the former Office of the Director for Equal Opportunity in Public Employment (ODEOPE), now the Office of Employment Equity and Diversity (OEED).]

Global UNE Links:

Employment Equity & Diversity