Collective agreements should include proactive measures to achieve recruitment and retention of members of Indigenous or equity-seeking groups that are underrepresented in the hiring unit or in the institution as a whole. Where a workforce analysis determines that members of one or more Indigenous or equity-seeking groups are underrepresented in a hiring unit, proactive recruitment measures may include affirmative action requirements, targeted hiring programs, and active search procedures.
Proactive measures intended to advance equality are permitted under provincial and federal human rights legislation. For information about the requirements in your jurisdiction, please see the CAUT advisory on The Legal Basis for Special Equity Programs. Some collective agreements also specify that proactive measures intended to benefit members of specific groups do not violate articles prohibiting discrimination. For example, the Laurentian University Faculty Association (LUFA/APPUL) agreement stipulates that:
3.15.6 This Article shall not preclude any action that has as its object the equitable representation of designated employment equity target groups throughout the academic community. Any action taken in accordance with a specific equity plan or specific equity initiative that has been negotiated pursuant to this Collective Agreement will not constitute discrimination or harassment contrary to this Article.22
Note
22 Collective Agreement between Laurentian University and the Laurentian University Faculty Association (July 1, 2017 – June 30, 2020).