USCIS Issues Immigration Rule To Expand Premium Processing

May be some merit in exploring premium service options for economic and family class given backlogs and likely lengthy time to reduce the backlogs. We do so for passports:

U.S. Citizenship and Immigration Services (USCIS) has announced a final rule to expand premium processing, which will allow employers and individuals to pay a higher fee in exchange for quicker processing times in certain immigration categories. USCIS also announced a temporary final rule on employment authorization renewals and targets to reduce backlogs and processing times. Employers, attorneys and foreign nationals with long waits welcomed expanded premium processing but hope the time horizons for implementing the measures will be quicker than those announced.

Why the Rule is Important: USCIS processing times are long and remain a chief complaint of the individuals, employers and attorneys who interact with the U.S. immigration system. Catherine Rampell, Michelle Hackman, Miriam Jordan, Dara Lind and other journalists have described the impact of long delays on the spouses of H-1B visa holders and others waiting for employment authorization documents (EADs) or an EAD renewal. Wasden Banias and other firms have filed lawsuits to compel USCIS to process cases more quickly.

Expanding premium processing does not solve USCIS processing issues. However, it provides the agency with more revenue that can be used to address those issues and can help individuals and their employers overcome processing delays by paying an additional fee. The new rule fulfills a mandate from Congress.

What Will the Premium Processing Rule Do?: In an appropriations bill that became law on October 1, 2020, the USCIS Stabilization Act expanded USCIS authority “to establish and collect additional premium processing” fees. USCIS states that it will adopt a phased implementation of premium processing because the law specifies it cannot worsen existing wait times when implementing or expanding premium processing. 

USCIS will expand premium processing for Forms I-539(application to change/extend status), I-765 (application for employment authorization) and I-140 (immigrant petition for alien work) as soon as feasible. “DHS plans on a phased implementation strategy to allow current premium processing revenue to pay for development and implementation costs associated with expanding availability of the service,” according to USCIS. 

“DHS plans to implement expansion for certain categories of Forms I-539, I-765 and both of the new I-140 classifications in FY 2022,” states USCIS. “DHS estimates that it will not be able to expand premium processing to the additional categories of Forms I-539 and I-765 until FY 2025 due to the possibility that premium processing revenues do not yet exist to cover any potential costs of hiring additional staff to expand premium processing to these additional categories without adversely affecting other benefit’s processing times, as directed by Congress.”

The rule will go into effect 60 days after publication in the Federal Register. These are the forms that will become eligible for premium processing first:

· “Form I-140 requesting EB-1 immigrant classification as a multinational executive or manager or EB-2 immigrant classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). Fee: $2,500. Timeframe: 45 days;

· “Form I-539 requesting a change of status to F-1, F-2, J-1, J-2, M-1, or M-2 nonimmigrant status or a change of status to or extension of stay in E-1, E-2, E-3, H-4, L-2, O-3, P-4, or R-2 nonimmigrant status. Fee: $1,750. Timeframe: 30 days; and

· “Form I-765 requesting employment authorization. Fee: $1,500. Timeframe: 30 days.”

“DHS is prioritizing premium processing for some Form I-765 categories,” according to USCIS. “DHS anticipates to begin premium processing Employment Authorization Documents for students applying for Optional Practical Training (OPT) and exchange visitors beginning in FY 2022.”

Analysis of the Rule: “The new premium processing regulation is a welcome step forward by USCIS and provides an important option for relief to massive processing delays for some individuals and businesses,” said Kevin Miner of Fragomen in an interview. “However, much remains unknown. In particular, the rule notes that while USCIS intends to implement premium processing for certain EADs (employment authorization documents) and dependent extensions this year, it may be several years before it expands premium processing to all categories of EADs and dependent extensions. 

“Just having the rule in place isn’t useful if the agency takes years to implement it. I am hopeful that USCIS will be strategic in how it handles this implementation. For instance, if the agency were to implement premium processing for all initial EAD applications, this would be a major help for individuals and businesses while allowing USCIS to manage its workload. The rules that already exist extending EADs where there is a timely filed renewal combined with the ability to premium process the initial request for an EAD would go a long way toward solving the very difficult interruptions in work authorization that we are so commonly seeing.”

“While the stakeholder community is grateful for the relatively quick expansion of premium processing to additional I-140 categories, the delayed implementation for Forms I-539 and I-765 is disappointing,” said Dagmar Butte of Parker Butte and Lane in an interview. “Since, generally speaking, I-140 filers already have status and work permission while they wait for their applications to be adjudicated, the individuals most impacted by the continued delays are those who cannot work until the I-539 (application to change/extend status) and I-765 (application for employment authorization) are adjudicated.”

“EADs are included in the rule,” said Miner. “We know that premium processing for EADs will cost $1,500 and result in an adjudication within 30 days. The big unknown is how soon USCIS will implement premium processing for EADs, and for which ones. The rule leaves it to the agency to implement this by putting a notice on its website, so we have to wait and see.”

New USCIS “Cycle Time” Processing Goals: USCIS also announced it will establish new internal “cycle time” goals. “A cycle time measures how many months’ worth of pending cases for a particular form are awaiting a decision,” according to USCIS. “As an internal management metric, cycle times are generally comparable to the agency’s publicly posted median processing times. Cycle times are what the operational divisions of USCIS use to gauge how much progress the agency is, or is not, making on reducing our backlog and overall case processing times.”

What are the cycle time goals for particular USCIS forms?

– Two weeks: I-129 and I-140 (with premium processing);

– Two months: I-129 (without premium processing);

– Three months: I-765, I-131 Advance Parole, I-539, I-824;

– Six months: N-400, N-600, N-600K, I-485, I-140 (without premium processing), I-130 Immediate Relative, I-129F Fiancé(e), I-290B, I-360, I-102, I-526, I-600, I-600A, I-600K, I-730, I-800, I-800A, I-90, I-821D Renewals.”

Critics of USCIS will likely consider these goals aspirational. However, there is a benefit for a federal agency to establish benchmarks since it can help focus decision-making. “As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly,” according to the agency. “USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023.”

Temporary Final Rule on EADs: USCIS stated that it “continues to make progress toward a temporary final rulecurrently named ‘Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants.’” Depending on the substance, the rule could provide an option for individuals who risk losing their jobs due to USCIS processing delays.

“I don’t think anyone has seen the text, but from the title, I think they must be extending out the automatic 180-day extension that you get with a timely filed renewal for some EAD categories,” said Kevin Miner, “This would be helpful, especially for adjustment of status EADs. We have had many cases where the EAD renewal is filed as far in advance for the expiration as USCIS allows (6 months), but with processing times taking 13 or 14 months in some cases, the individual still ends up with a gap in work authorization. 

“By extending out the auto-extension period to say, 240 days like they do for H-1Bs, L-1s, and other nonimmigrant [temporary visa] categories, that would provide a better cushion and avoid those gaps. It would also likely significantly reduce the number of EAD expedite requests the agency has to handle, which would allow them to better allocate resources internally.”

Nothing precludes USCIS from proposing broader solutions, including changes in the process, that would limit the need for individuals to file—and the agency to process—requests for employment authorization. Under a recent settlement, USCIS agreed to “issue policy guidance that states that L-2 spouses are employment authorized incident to status.” (That means no initial filing requesting employment authorization would be necessary.) There may be statutory differences with the spouses of L-1 visa holders. However, USCIS could consider a range of regulatory or administrative actions in other categories. Miner points out a regulation will not be quick. On the other hand, USCIS has proposed a potential three-year phase-in for the premium processing rule.

The Trump administration enacted many policies designed to make it more difficult to gain approvals in various immigration categories, made the process more cumbersome and, as a result, cases piled up and wait times increased. During the Trump administration, the number of pending cases at USCIS increased by 37%, from 4.7 million to 6.4 million, between the first quarters of FY 2017 and FY 2021, according to a National Foundation for American Policy analysis, and the trend has continued.

USCIS Director Ur Jaddou started her job less than 8 months ago and inherited what observers consider a train wreck years in the making. Ultimately, Jaddou and USCIS will be judged by their ability to reduce wait times for immigration benefits. Expanding premium processing, allowing more leeway on employment authorization renewals and establishing clear targets to reduce processing times represent steps in the right direction.

Source: USCIS Issues Immigration Rule To Expand Premium Processing

Federal Court getting clogged with immigration appeals – Canada News

Without earlier pre-pandemic data, hard to assess the degree to which this is a significant increase. In the context of backlogs etc, clearly could be:

The number of people seeking the Federal Court’s help to determine the status of their applications to become new Canadians has increased by almost seven times over the past three years, according to the latest figures provided to New Canadian Media.

Commenting on a recent NCM article, Immigration, Refugees and Citizenship Canada (IRCC) said that it is now dealing with 445 mandamus files referred by the Federal Court. There were only 65 such cases for the 2019/2020 period.

In the immigration context, a mandamus application is a judicial remedy compelling the performance of a public legal duty by IRCC that is owed to an applicant.

According to the latest IRCC numbers, 445 mandamus applications were referred by the Federal Court for the 2021/2022 year as of Feb. 28, including 153 in family class, 239 in economic class and 53 as refugees.

“The increase in mandamus applications is in part due to closures at various processing offices and Visa Application Centres during COVID-19 that led to longer processing times for applicants, and in part due to our growing inventory and the number of applications received by IRCC every year,” Julie Lafortune, IRCC’s communications advisor, told NCM.

“A number of complex files involving paper application forms have been seriously impacted by the office closures, and all of our partners upon which we rely on for the processing of complex files have also been experiencing longer delays than usual.”

Victor Ing, a Vancouver-based immigration lawyer, said the latest numbers clearly confirm a marked increase in mandamus cases over the past year, which is consistent with the day-to-day experiences of immigration law practitioners.

“Applying for mandamus is not something that most clients take lightly. Starting a lawsuit against the party you want to receive a positive decision from is counterintuitive, but many clients eventually reach a tipping point where they no longer feel like there is an alternative path,” he told NCM.

“In my experience, many mandamus applications can be avoided if IRCC would communicate more openly and honestly with clients. Too often they are made to feel like a file number, and what is easily overlooked is that they are all individuals whose lives have been put on hold waiting for decisions they expected to receive much sooner,” said Ing.

“The frustrations of the public around COVID-19 related to processing delays are palpable, and IRCC needs to continue to develop new tools and policies to increase transparency in the decision-making process and to reassure clients that their cases will be processed in a timely manner.”

There are now close to two million applications trapped in a massive backlog that IRCC is struggling to clear.

IRCC undeterred

At the same time, Canada aims to attract about 1.3 million new immigrants over the next three years to help fill critical labour shortages and fuel post-pandemic growth.

The 2022–2024 Immigration Levels Plan aims to continue welcoming immigrants at a rate of about one per cent of Canada’s population, including 431,645 permanent residents in 2022 (an increase of about 21,000 people from its original plan), 447,055 in 2023, and 451,000 in 2024.

The Government of Canada recently announced that it has allocated $85 million in new funding to reduce IRCC application inventories. The funding will build on what IRCC has already done to reduce wait times, such as hiring approximately 500 new processing staff, digitizing applications, and reallocating work among its offices around the world.

Ing said that while IRCC has introduced many innovative systems since the start of the pandemic, the implementation of these systems has been lagging, contributing, in some cases, to the growing frustrations of the public.

“For instance, on February 8, 2022, the Minister announced a new online tool that would allow Family Class applicants for permanent residence to track the status of their cases online,” he said. “I shared the announcement with one of my clients who would have benefited from the new tool, but she was unable to make use of it due to technical issues.”

Numerous mistakes

Chun He, a student-at-law, in an article for the Canadian Immigration Lawyers Association (CILA), said IRCC’s appetite for automation has led to numerous mistakes and dehumanizing experiences for people trying to come to Canada.

He said that the multiple, rapidly designed electronic IRCC portals implemented without adequate testing or stakeholder feedback has resulted in poor functionality and user frustration.

“Advocates note that they have never experienced so many portals not working. The authorized representative portal has been out of order for days at a time. These glitches and kinks in the system have created huge problems for clients, as it has forced some of them to file applications at the last minute, lose their status, or even stop working,” wrote He.

“Overall, the primary outcome of this never-before-seen multi-portal experiment is ongoing distress for clients and their representatives.”

Source: Federal Court getting clogged with immigration appeals – Canada News

Kluth: Golden Passports, Citizenship and Identity in a Time of War

On the intersection of citizenship and identities, never as simple as presented. But citizenship decisions, like all decisions, have consequences:

As a dual citizen who hangs out with polyglots carrying several passports each, I can attest that identity is a complicated thing. It’ll never be captured adequately by lists of checkboxes — from age and sex to race, religion, profession or indeed citizenship. Just glance across Europe right now.

In one corner, Ukrainians are fighting heroically to preserve their distinct national identity against Russia, whose despot denies they have one. Some of the defenders speak Ukrainian as a mother tongue, others Russian or something else. The older ones used to be citizens of another entity, the Soviet Union. But now their allegiance is to Ukraine.

Right next door is the European Union. It’s a confederation that recognizes overlapping and thus ambiguous layers of identity and citizenship, including both a European and a national tier. Moreover, many of its members have in the past been quite relaxed about granting citizenship to outsiders, provided those have money. In return for big investments, these foreigners got “golden passports.”

The EU never liked these schemes, seeing them as mechanisms to dodge taxes or conduct other monkey business. That’s why it has leaned on countries like Bulgaria, Cyprus or Malta to quit the practice. Since the attack on Ukraine, the EU started cracking down harder. It fears that golden EU passports given to Russian oligarchs or Kremlin-cronies — granting them all the rights of other Europeans — could subvert the sanctions passed against them.

Ukraine and the EU are bookends around a variegated subject. People gain multiple citizenships for all sorts of reasons. Some Brits, in the run-up to Brexit, remembered an Irish grandmother to get themselves an EU passport. Many descendants of German Jews or other victims of the Nazis have exercised their right to become German citizens. Immigrants get naturalized in many countries every day.

Other bi-nationals, like me, simply fall between jus solis— Latin for “right of the soil” — and jus sanguinis — the “right of the blood,” creepy as that term sounds nowadays. That means we automatically got one citizenship through our place of birth, and another through our parentage.

Sometimes these twists of fate are boons that give people more options in life. Other times, they are banes, as for so-called “accidental Americans” — those who were born in the U.S. but lost contact with the country as babies or children, and often don’t even speak English. And yet, owing to the peculiar American tax system — which is based on citizenship rather than residence — they face a nightmare of compliance paperwork and are often barred from financial services in their home country.

Even in extreme cases, however, citizenship is rarely as problematic as the lack of it. Millions of people around the world — Palestinians, Rohingya, Kurds and others — are stateless. Their sense of identity is just as strong. But without the right papers, they often live in limbo.

Historically, the idea of citizenship has morphed enough to make the concept seem almost arbitrary. It originated in city states (poleis in Greek, the root of “politics”) such as ancient Athens or Thebes, where it described the rights and duties of rich, non-slave men. But during the Middle Ages, the notion all but disappeared. Identity and standing were instead based on a person’s feudal class — such as peasantry, clergy or aristocracy.

When the idea of citizenship returned in the modern era — especially with the American and French revolutions — it was again based on a covenant between an individual and a state. The former got rights (to vote, for example) but also responsibilities (to pay taxes, say).

Even so, citizenship rarely fits neatly with more slippery notions about identity. If you had an interesting life in the 20th century, you could have held papers issued variously by Austria-Hungary, Yugoslavia and Bosnia Herzegovina — and identified all along as Serb, Croat or something else. Latinx Americans, Turkish Germans, Algerian French — ever more identities in the modern world are hyphenated and thus complex.

That’s even true for people with only one citizenship — especially if they’re “army brats” or children of expats. Raised in countries other than the one named on their passport, such “third-culture kids” tend to float between contexts, sometimes feeling unmoored but also showing unusual flexibility and tolerance. Many feel most at home with other cosmopolitans of any nation rather than their own compatriots.

For some people who feel unambiguously rooted in their countries, such fluid identities can be provocations. Populism has been blamed in part on a backlash by so-called “somewheres” against the allegedly footloose “anywheres.”

The multinationals in turn chafe at the taunts of their compatriots who don’t consider them “real” Americans, Germans, Japanese or whatever. They consider these labels attempts at exclusion, and power grabs.

The reality is that identity and allegiance are highly individual and subjective. Take Eileen Gu. She’s an American-born freestyle skier with a Chinese mother, who competed for the U.S. before winning two gold medals and a silver in this year’s Olympics for China, a country that doesn’t even recognize dual citizenship. Is that fair or foul? Neither, I’d say. It’s simply up to her.

Part of freedom is choosing our communities, allegiances and loyalties. And part of tolerance is respecting the choices of others. In the modern world, those decisions are sometimes confusing, other times urgent and clear. Just ask the brave Ukrainians fighting for their country right now.

Source: Golden Passports, Citizenship and Identity in a Time of War

Australia: ‘Beyond the pale’: PM rocked by new claims

Difference of interpretation or dog whistle?

Scott Morrison has been hit with fresh claims he sought to exploit anti-Muslim sentiment, with two witnesses to a shadow cabinet meeting in 2010 insisting there was a “blow up” with Malcolm Turnbull over the issue.

The Prime Minister has previously confirmed the discussion in an interview with The Project’s Waleed Aly, but insisted he sought to cool voter concerns over Muslim migration, not exploit it.

However, two people who attended the meeting on December 1, 2010 have told news.com.au they did not believe he raised the issue purely to address voter sentiment.

“Malcolm Turnbull genuinely ripped into him. Said it was ‘beyond the pale’,” a Liberal source said.

Another Liberal shadow cabinet member at the time told news.com.au: “He absolutely did talk about the Muslim migration.”

“He flagged it and I remember Phillip Ruddock was very scathing about it,” they said.

Reports of the meeting first emerged in 2011, with claims Mr Morrison urged the shadow cabinet to capitalise on the electorate’s growing concerns about “Muslim immigration”, “Muslims in Australia” and the “inability” of Muslim migrants to integrate.

Then-opposition leader Tony Abbott was not at the meeting, but deputy leader, Julie Bishop, and the former immigration minister, Philip Ruddock, strongly disagreed with the suggestion, pointing out the Coalition had long supported a non-discriminatory immigration policy.

Liberal sources said at the time Mr Morrison told the shadow cabinet meeting on December 1 at the Ryde Civic Centre that the Coalition should ramp up its questioning of “multiculturalism” amid deep voter concerns.

Three years ago, when the claims surfaced again, Prime Minister Scott Morrison described them as “a disgusting lie”.

Mr Morrison abruptly shut down a press conference when he was asked, “Those that did attend the meeting told the Sydney Morning Herald in 2011, quote, that Scott said, ‘What are we going to do about multiculturalism?’”

“I’m going to stop you there. I’ve already addressed this issue today. It is an ugly and repugnant lie,” Mr Morrison said.

“I reject it absolutely 100 per cent and my record of working with the Muslim community in Sydney in particular speaks volumes for my track record. Any suggestion to the contrary, I find utterly offensive. Thank you.”

But just 24 hours later, he confirmed he had raised concerns over the “anti-Muslim” sentiment of voters during a 2010 shadow cabinet meeting, but insisted it was only to “address them, not exploit them”.

Mr Morrison confirmed the discussions with The Project’s Waleed Aly in March 2019.

It was the first time the PM has admitted the discussions on “anti-Muslim” sentiments occurred, after describing claims he had sought to capitalise on the fears as “an ugly and disgusting lie” just 24 hours earlier.

In the interview, Aly asked: “Who is lying? You say that this never happened. You’ve called it a smear and a lie. Who is lying?”

Mr Morrison then blamed two “unnamed sources” in shadow cabinet – Liberal MPs – for twisting the truth of the meeting into “a lie”.

“What is suggested is that I said that we should exploit – exploit – concerns about Islam in the community to our political advantage,” Mr Morrison said.

“Well, I was the shadow immigration minister at the time. And I was very concerned about these issues and the way people were feeling in the community.”

In 2011, Liberal finance spokesman Andrew Robb confirmed that “Scott did talk about the strong feelings in the general community about Muslim immigration and he said that we as a party had to engage with that sentiment”.

“But I’m sure he meant we should engage in a constructive way,” Mr Robb said.

The story first emerged after Mr Morrison questioned the cost of asylum-seeker funerals in 2011. Mr Morrison later apologised for the “timing” of his comments, saying it was “inappropriate” and “insensitive”.

When Aly asked the Prime Minister about Mr Robb’s on-the-record confirmation that he had discussed anti-Muslim sentiment, Mr Morrison confirmed he had discussed it in the meeting.

“I was concerned that we needed to address them. Which is what I have been doing inside and outside of the Parliament for the last 10 years of my life,’’ he said.

“Yes – to lower them. I was acknowledging that there were these fears in the community and we had to address them, not exploit them.”

“I want to rule a line under this issue. It never happened. I have always been deeply concerned about attitudes towards people of Muslim faith in our community.”

Mr Morrison ended the interview with a plea for voters to respect his sincerity on fostering good relationships with the Muslim community.

“Don’t pre-judge me. I know what my values are,” he said.

Source: ‘Beyond the pale’: PM rocked by new claims

Helping Hollywood Avoid Claims of Bias Is Now a Growing Business

Business will find a way…

In the summer of 2020, not long after the murder of George Floyd spurred a racial reckoning in America, Carri Twigg’s phone kept ringing.

Ms. Twigg, a founding partner of a production company named Culture House, was asked over and over again if she could take a look at a television or movie script and raise any red flags, particularly on race.

Culture House, which employs mostly women of color, had traditionally specialized in documentaries. But after a few months of fielding the requests about scripts, they decided to make a business of it: They opened a new division dedicated solely to consulting work.

“The frequency of the check-ins was not slowing down,” Ms. Twigg said. “It was like, oh, we need to make this a real thing that we offer consistently — and get paid for.”

Though the company has been consulting for a little more than a year — for clients like Paramount Pictures, MTV and Disney — that work now accounts for 30 percent of Culture House’s revenue.

Culture House is hardly alone. In recent years, entertainment executives have vowed to make a genuine commitment to diversity, but are still routinely criticized for falling short. To signal that they are taking steps to address the issue, Hollywood studios have signed contracts with numerous companies and nonprofits to help them avoid the reputational damage that comes with having a movie or an episode of a TV show face accusations of bias.

“When a great idea is there and then it’s only talked about because of the social implications, that must be heartbreaking for creators who spend years on something,” Ms. Twigg said. “To get it into the world and the only thing anyone wants to talk about are the ways it came up short. So we’re trying to help make that not happen.”

The consulting work runs the gamut of a production. The consulting companies sometimes are asked about casting decisions as well as marketing plans. And they may also read scripts to search for examples of bias and to scrutinize how characters are positioned in a story.

“It’s not only about what characters say, it’s also about when they don’t speak,” Ms. Twigg said. “It’s like, ‘Hey, there’s not enough agency for this character, you’re using this character as an ornament, you’re going to get dinged for that.’”

When a consulting firm is on retainer, it can also come with a guaranteed check every month from a studio. And it’s a revenue stream developed only recently.

“It really exploded in the last two years or so,” said Michelle K. Sugihara, the executive director of Coalition of Asian Pacifics in Entertainment, a nonprofit. The group, called CAPE, is on retainer to some of the biggest Hollywood studios, including Netflix, Paramount, Warner Bros., Amazon, Sony and A24.

Of the 100 projects that CAPE has consulted on, Ms. Sugihara said, roughly 80 percent have come since 2020, and they “really increased” after the Atlanta spa shootings in March 2021. “That really ramped up attention on our community,” she said.

Ms. Sugihara said her group could be actively involved throughout the production process. In one example, she said she told a studio that all of the actors playing the heroes in an upcoming scripted project appeared to be light-skinned East Asian people whereas the villains were portrayed by darker-skinned East Asian actors.

“That’s a red flag,” she said. “And we should talk about how those images may be harmful. Sometimes it’s just things that people aren’t even conscious about until you point it out.”

Ms. Sugihara would not mention the name of the project or the studio behind it. In interviews, many cited nondisclosure agreements with the studios and a reluctance to embarrass a filmmaker as reasons they could not divulge specifics.

Sarah Kate Ellis, the president of GLAAD, the L.G.B.T.Q. advocacy organization, said her group had been doing consulting work informally for years with the networks and studios. Finally, she decided to start charging the studios for their labor — work that she compared to “billable hours.”

“Here we were consulting with all these content creators across Hollywood and not being compensated,” said Ms. Ellis, the organization’s president since 2013. “When I started at GLAAD we couldn’t pay our bills. And meanwhile here we are with the biggest studios and networks in the world, helping them tell stories that were hits. And I said this doesn’t make sense.”

In 2018, she created the GLAAD Media Institute — if the networks or studios wanted any help in the future, they’d have to become a paying member of the institute.

Initially, there was some pushback but the networks and studios would eventually come around. In 2018, there were zero members of the GLAAD Media Institute. By the end of 2021, that number had swelled to 58, with nearly every major studio and network in Hollywood now a paying member.

Scott Turner Schofield, who has spent some time working as a consultant for GLAAD, has also been advising networks and studios on how to accurately depict transgender people for years. But he said the work had increased so significantly in recent years that he was brought on board as an executive producer for a forthcoming horror movie produced by Blumhouse.

“I’ve gone from someone who was a part-time consultant — barely eking by — to being an executive producer,” he said.

Those interviewed said that it was a win-win arrangement between the consultancies and the studios.

“The studios at the end of the day, they want to produce content but they want to make money,” said Rashad Robinson, the president of the advocacy organization Color of Change. “Making money can be impeded because of poor decisions and not having the right people at the table. So the studios are going to want to seek that.”

He did caution, however, that simply bringing on consultants was not an adequate substitute for the structural change that many advocates want to see in Hollywood.

“This doesn’t change the rules with who gets to produce content and who gets to make the final decisions of what gets on the air,” he said. “It’s fine to bring folks in from the outside but that in the end is insufficient to the fact that across the entertainment industry there is still a problem in terms of not enough Black and brown people with power in the executive ranks.”

Still, the burgeoning field of cultural consultancy work may be here to stay. Ms. Twigg, who helped found Culture House with Raeshem Nijhon and Nicole Galovski, said that the volume of requests she was getting was “illustrative of how seriously it’s being taken, and how comprehensively it’s being brought into the fabric of doing business.”

“From a business standpoint, it’s a way for us to capitalize on the expertise that we have gathered as people of color who have been alive in America for 30 or 40 years,” she said.

Source: Helping Hollywood Avoid Claims of Bias Is Now a Growing Business

Immigration Canada acts to end racism, cultural bias among employees

Of note:

Immigration, Refugees and Citizenship Canada (IRCC) is conducting a study to explore potential cultural bias shown by its employees when it comes to processing visa applications at the country’s points of entry, according to a department spokesperson.

The study comes in response to a survey examining workplace racism at IRCC released last year that revealed multiple reports of racist “microagressions” by employees and supervisors.

Participants interviewed said that some of the overt and subtle racism they have witnessed by both employees and decision makers at IRCC “can and probably must impact case processing.”

The department has also made it mandatory for employees and executives to take unconscious bias training, and instituted a requirement for senior staff to take a specific course on inclusive hiring practices as a prerequisite for obtaining their delegated authority to sign financial and staffing decisions.

In addition, said spokesperson Jeffrey MacDonald, IRCC is appointing anti-racism representatives in each sector of the department to support the work of a newly-established Anti-Racism Task Force and has created a Black Employee Network to ensure Black voices are heard in driving change.

“We must actively fight racism and continue to work tirelessly to foster a culture of inclusion, diversity, and respect…but actions speak louder than words,” MacDonald told New Canadian Media through email.

MacDonald said IRCC will be hiring an independent firm to do an Employment System Review (ESR). The ESR will identify new solutions in core areas such as people management practices and accountability.

IRCC also plans to release its Anti-Racism Strategy and action plan later this year.

Source: Immigration Canada acts to end racism, cultural bias among employees

Working long hours. Earning meagre wages. Fainting from exhaustion. What some international students face in Canada

The Globe also did a similar analysis with respect to Brampton (Canada’s international student recruiting machine is broken). More a cheap labour program than an education one.

So much abuse, so little action by governments:

Each year, thousands of international students come to Canada. Despite the fact that many are from modest backgrounds, they pay hefty tuition fees for the chance not just to study in this country but, potentially, to start a life here. Yet the realities of their decision can stand in stark contrast to the dream. They face difficult challenges, unforgiving timelines and social isolation, and are often prone to exploitation by employers and others. In a new series, Hard Lessons, we look at whether Canada is living up to its bargain with these students.

After being let go from her part-time job at Walmart, Satinder Kaur Grewal says she felt lucky to be hired at a local restaurant in June 2020, working as server, cook, cleaner and cashier. She needed money for food and rent, and many other international students had lost their jobs during the pandemic.

The deal, according to a complaint she filed with the Ministry of Labour, was she would be paid $60 a day by the Brampton restaurant regardless of the hours she worked. After six weeks, she got a raise to $80 for a 10-hour day, $100 for 12 hours and $116 for 14 hours, but the hourly rate would still be much lower than the $14 Ontario legal minimum wage.

Grewal said she would start at 9 or 10 a.m. and sometimes worked until midnight, without a day off. Twice, she said, she fainted from exhaustion — once in the washroom and another time, behind the counter — during her six months working there.

“I got home from work and slept on my bed. I did nothing else. Just sleep, shower and work. No cooking. No cleaning. My body was dead. I wasn’t able to do anything else,” said the 22-year-old Brampton woman, who came to Canada in 2018 and graduated from CDI College in December 2020 with a diploma in web design.

“I called my family in India many times. I told them, ‘I can’t survive like this here.’ And my family said this is a stage of life and just to tolerate it a bit longer and the future will be better.”

Sarom Rho of Migrant Students United said international students have become the largest group of temporary migrant workers in Canada, with 778,560 study-permit holders and postgraduate-work permit holders in the country in 2021 alone.

Many of them are stocking shelves in grocery stores, handling packages at warehouses, cleaning offices and buildings, working in food service and making deliveries.

International students pay three, four times more in tuition fees than their domestic peers and contribute $22 billion a year to the Canadian economy. With the tuition fees skyrocketing across Canada, she said Ottawa needs to at least remove the 20-hour work limit for international students, to ease the risk of them being taken advantage of by employers.

“This is a cash grab, where people are called to show up with the promise of permanent residency. And when they come here, they find that it’s a landmine filled with exploitation and abuse and really lack of dignity,” said Rho. “So many workers will say that this has been such a humiliating experience. The way to reclaim that dignity is to come together and organize to fight for the necessary changes to the rules that cause these conditions in the first place.”


When Grewal finally quit her job at Chat Hut on Christmas Day in 2020, she said she would’ve worked a total of 1,844 hours. Based on the legal minimum wage, she should have earned a total of $32,782.82 in regular pay plus overtime, public holiday and vacation pay. However, she only got paid $14,356.40.

The Star reached out to Chat Hut’s owners, who declined to comment on Grewal’s complaint when reached by phone or respond to the Star’s email request about the allegations.

In Chat Hut’s response to the provincial government’s employment standards officer in charge of the case, the employer said Grewal worked 1,704.50 hours for the employer, including 576.75 hours of overtime. 

The restaurant said Grewal “consistently confirmed that she wanted to work the hours she did work” and she was given time off whenever she required a break, according to the labour ministry’s reasons for decision dated Feb. 10, 2022. 

In February, Chat Hut agreed to pay Grewal $16,495.29.

Grewal’s experience might not have come to light if not for an Instagram post she came across last year about the launch of Naujawan Support Network, a support group to help international students and workers facing workplace exploitation.

She reached out to the organizers, who assisted her in trying to recoup her owed wages and filing a complaint against the employer with the Ontario labour ministry. 

Naujawan, a Brampton-based advocacy group, was formed in 2021 initially to support farmers’ protests in India last year, but organizers began to shift its focus after hearing from participating international students and workers about incidents of alleged exploitation by employers right in their own backyard.

“When students and workers know that they need permanent residence, they are at the mercy of their employers. Not only do many not know about their rights, but those rights are often actively denied to them,” said Simran Dhunna, of Naujawan.

“There are obviously a whole range of barriers that are related to not knowing about your rights, about the language and about being new to the country. The biggest, most critical factor that makes international students vulnerable is their immigration status.”

Dhunna said many international students are forced to work for cash only and under minimum wage because of restrictive immigration rules — the rules that stipulate students may work no more than 20 hours off-campus during school and limit access to permanent residence (PR) with stringent criteria and timelines.

“The employer could simply be like, well, ‘You’re working (extra hours) illegally, so if you actually work for $8 an hour, we won’t report you and we’ll give you an employment reference letter for your PR,’” she explained, speaking generally about the concerns she sees.

“So all sorts of rights from the minimum wage, overtime, vacation pay, employment reference letters for PR and just basic respect and dignity are denied to international students because of this.”


Grewal, whose father is a bus driver, said her parents helped cover her tuition — more than $23,000 over two years — but she had to make money for other necessities.

While she expected to work hard in Canada to support herself, she didn’t anticipate it to be this hard.

“When I was in India, when our relatives came to visit from Canada, they are showing their clothes and pictures in their mobile phones of their cars, the fancy restaurants and malls and everything. So we thought like, oh, it’s so easy there,” Grewal said.

“When I came to here and found out my auntie was working as a cleaner at a hotel, I was shocked. I was like ‘you guys showed me all these pictures but you never told me you were a cleaner.’ People back home only see our lifestyle. They don’t see our struggles.”

Grewal said she knew about Ontario’s minimum wage but said she realized the stakes would have been even higher for her if she didn’t have a job, given her precarious status.

“It’s like there’s a noose around our necks, whether we work or whether we don’t work. There’s no financial support,” she said. “I needed money and I didn’t have money to hire a lawyer to help me.”

Naujawan Support Network worked with Grewal and helped her draft a letter to Chat Hut’s owners in November to urge them to return the owed wages in November. Instead, her former employer threatened to take legal action against her, they alleged.

Chat Hut said its lawyer only sent a letter to Naujawan Support Network to ask them to stop “harassing” the owner after they were “vexatiously” calling the restaurant and the owners as well as other employees and people linked to the company.

“None of the employer’s actions form reprisal,” said the ministry’s reason of decision, citing Chat Hut’s position.

“The Company did not intend to intimidate, dismiss or otherwise penalize or threaten to intimidate, dismiss or otherwise penalize the employee. The employer took the claimant’s representative’s actions as harassment and intended for that harassment to stop. However, it was willing to listen to the claimant.”

Despite an order against Chat Hut to pay back Grewal’s owed wages, the ministry sided with the employer in denying the complainant’s claim of reprisal.

Source: Working long hours. Earning meagre wages. Fainting from exhaustion. What some international students face in Canada

Qadeer: Student immigration visas are a money-making business

More and more articles on the questionable practices and policies with respect to international students. Given the public and private interests at play, hard to see any major reform being possible:

Both Canada and the U.S. have a paradoxical history of immigration. They depend on immigrants to people Indigenous lands and fuel economic growth but simultaneously discriminate against new arrivals by treating them as racially and ethnically inferior. Civil rights and human rights movements, as well as economic imperatives, have helped reduce overt discrimination, but treating immigrants unequally always courses just below the surface.

In the 21st century, immigration has been turned into a money-making business in Canada. It has been put on sale, though the rhetoric remains of economic growth and humanitarian interests. The use of immigration as a source of financial gain has permeated into business, the labour force, housing and now education.

Canadian colleges and universities are increasingly dependent on international student fees as a major source of tuition revenue. A Statistic Canada study prior to COVID shows that in 2017-18, almost 24 per cent of new enrolments in universities were by international students. In colleges, it was slightly more than 16 per cent.

In eight years, the enrolment of international students in universities has nearly doubled. At the college level, it’s about tripled. The revenue from international student fees in universities and degree-granting colleges was $12.7 billion in 2019-20. According to Global Affairs Canada, international students spent $22.3 billion in 2018 on tuition, accommodation and discretionary expenditures. China is the leading source of international students in universities while India dominates college enrolees.

In Ontario, with about 280,000 international students, the situation has been alarming enough to come to the notice of the provincial auditor general, whose 2021 audit report observed that Ontario colleges were more and more reliant on tuition revenue from international students – 68 per cent of fee revenue for colleges. Should enrolment drop for any reason, these institutions would be in a precarious position.

The Globe and Mail has published several investigative reportsabout the malpractices and consequences of what it calls the “international student recruiting machine.” An industry of recruiting students abroad has coalesced. It includes immigrant and educational consultants (sometimes working on commission for private colleges), tuition centres to help potential students cram to qualify for the English test and post-secondary admission offices.

The Globe reports that in Indian Punjab, billboards advertise “study in Canada,” and notices are posted on electric poles advertising “settle abroad.” An international student can work for up to 20 hours a week and they can earn even more by working off the books.

This opens the possibility to turn college study into an investment toward the Canadian immigrant visa and a route for earning money. This lure has drawn thousands from Punjab alone. Many families borrow money or sell properties to pursue the dream of riches in Canada.

The prospect of an immigration visa as an incentive to send children to study in Canada has not drawn only the fortune-seekers. It also motivates many well-off families in China, India and other countries to send their youth to Canadian universities and colleges as a way of establishing a foothold in Canada for opportunities, security and freedom.

Undoubtedly, many international students come with genuine educational motives but are being tarred by the practices of those primarily using enrolment as a route to immigration. The associated malfeasance is corrupting the educational system, and is also blighting local housing situations and promoting dubious business practices.

Cutbacks in provincial funding over many years drove universities and colleges to rely on international students’ high fees to fill the financial shortfall. The international students coming to seek employment and settlement in Canada work long hours and have little time, energy and motivation to meet the educational requirements. Though tutored to qualify for the language test, many do not have the proficiency in English or French to keep up with the demands of classwork. The outcome of these conflicting pressures is that the educational standards are being compromised. Occasional letters to the editors, social media postings and teachers privately point out that academic compromises are made in classes, where a large number of students are linguistically and academically unprepared.

The student immigrants are themselves often victims. The City of Brampton in Ontario is a prime exhibit of these complex issues. International students from Punjab converge there because it has a large Punjabi population. Scores of students live together in squalid illegal basements. In 2019, the city registered 1,600 complaints of illegal secondary units. The callers to Punjabi radio programmes often bring up problems of crowded neighbourhoods and the financial ruination of families in villages across Punjab.

International students often find that the well-paying work they were promised by recruiters does not exist. They struggle at schools and are often entreating their not-so-well-off families back home to send them money to live. Businesses come to rely on them as cheap labour. Mental health problems affect many. The Globe quotes the director of the Lotus Funeral Home in Toronto as saying he handles four to five international students’ deaths – suspected to be suicides or overdoses – every month.

The student visa channel and its misuses are widespread. The Indian family that recently froze to death illegally crossing from Manitoba to the U.S. had entered Canada on a student visa. The president of the Indian Association of Manitoba has characterized international student recruitment as full of “rampant fraud and exploitation.” In December 2020, the Quebec government barred 10 private colleges from issuing admission certificates for such visas.

The federal and provincial governments are ignoring the misuse of student visas for immigration. The Ontario government had a cavalier response to the auditor general’s observations, saying, “Ontarians should be proud that local colleges attract students from all over the world.”

Both levels of government need to detach immigration eligibility from enrolment in Canadian colleges and universities. The graduates of these programmes maybe should get extra points for their Canadian education, but they should be put in line with the applicants for immigration from their homelands. Also, the non-educational employment of international students should be more strictly monitored.

Most importantly, these governments should appropriately fund educational institutions, reducing their dependence on international student fees.

A good society in Canada will not be built if those coming to settle here experience it as a land of illegal and immoral practices. Canadian governments should prioritize social development as much as economic growth.

Source: Student immigration visas are a money-making business

Cuts in Britain Could Cause a Covid Data Drought

Unfortunately, many governments are short sighted.

Canada did the same when it disbanded the Global Public Health Intelligence Network (GPHIN) the year before the pandemic, many provinces are no longer carrying out regular testing and reducing the frequency of reporting etc.

Interesting example of South Africa and how it is able to maintain monitoring at a reasonable cost:

The British government on Friday shut down or scaled back a number of its Covid surveillance programs, curtailing the collection of data that the United States and many other countries had come to rely on to understand the threat posed by emerging variants and the effectiveness of vaccines. Denmark, too, renowned for insights from its comprehensive tests, has drastically cut back on its virus tracking efforts in recent months.

As more countries loosen their policies toward living with Covid rather than snuffing it out, health experts worry that monitoring systems will become weaker, making it more difficult to predict new surges and to make sense of emerging variants.

“Things are going to get harder now,” Samuel Scarpino, a managing director at the Rockefeller Foundation’s Pandemic Prevention Institute, said. “And right as things get hard, we’re dialing back the data systems.”

Since the Alpha variant emerged in the fall of 2020, Britain has served as a bellwether, tracking that variant as well as Delta and Omicron before they arrived in the United States. After a slow start, American genomic surveillance efforts have steadily improved with a modest increase in funding.

“This might actually put the U.S. in more of a leadership position,” said Kristian Andersen, a virologist at Scripps Research Institute in La Jolla, Calif.

At the start of the pandemic, Britain was especially well prepared to set up a world-class virus tracking program. The country was already home to many experts on virus evolution, it had large labs ready to sequence viral genes, and it could link that sequencing to electronic records from its National Health Service.

In March 2020, British researchers created a consortium to sequence as many viral genomes as they could lay hands on. Some samples came from tests that people took when they felt ill, others came from hospitals, and still others came from national surveys.

That last category was especially important, experts said. By testing hundreds of thousands of people at random each month, the researchers could detect new variants and outbreaks among people who didn’t even know they were sick, rather than waiting for tests to come from clinics or hospitals.

“The community testing has been the most rapid indicator of changes to the epidemic, and it’s also been the most rapid indicator of the appearance of new variants,” said Christophe Fraser, an epidemiologist at the University of Oxford. “It’s really the key tool.”

By late 2020, Britain was performing genomic sequencing on thousands of virus samples a week from surveys and tests, supplying online databases with more than half of the world’s coronavirus genomes. That December, this data allowed researchers to identify Alpha, the first coronavirus variant, in an outbreak in southeastern England.

A few other countries stood out for their efforts to track the virus’s evolution. Denmark set up an ambitious system for sequencing most of its positive coronavirus tests. Israel combined viral tracking with aggressive vaccination, quickly producing evidence last summer that the vaccines were becoming less effective — data that other countries leaned on in their decision to approve boosters.

But Britain remained the exemplar in not only sequencing viral genomes, but combining that information with medical records and epidemiology to make sense of the variants.

“The U.K. really set itself up to give information to the whole world,” said Jeffrey Barrett, the former director of the Covid-19 Genomics Initiative at the Wellcome Sanger Institute in Britain.

Even in the past few weeks, Britain’s surveillance systems were giving the world crucial information about the BA.2 subvariant of Omicron. British researchers established that the variant does not pose a greater risk of hospitalization than other forms of Omicron but is more transmissible.

On Friday, two of the country’s routine virus surveys were shut down and a third was scaled back, baffling Dr. Fraser and many other researchers, particularly when those surveys now show that Britain’s Covid infection rates are estimated to have reached a record high: one in 13 people. The government also stopped paying for free tests, and either canceled or paused contact-tracing apps and sewage sampling programs.

“I don’t understand what the strategy is, to put together these very large instruments and then dismantle them,” Dr. Fraser said.

The cuts have come as Prime Minister Boris Johnson has called for Britain to “learn to live with this virus.” When the government released its plans in February, it pointed to the success of the country’s vaccination program and the high costs of various virus programs. Although it would be scaling back surveillance, it said, “the government will continue to monitor cases, in hospital settings in particular, including using genomic sequencing, which will allow some insights into the evolution of the virus.”

It’s true that life with Covid is different now than it was back in the spring of 2020. Vaccines drastically reduce the risk of hospitalization and death — at least in countries that have vaccinated enough people. Antiviral pills and other treatments can further blunt Covid’s devastation, although they’re still in short supply in much of the world.

Supplying free tests and running large-scale surveys is expensive, Dr. Barrett acknowledged, and after two years, it made sense that countries would look for ways to curb spending. “I do understand it’s a tricky position for governments,” he said.

But he expressed worry that cutting back too far on genomic surveillance would leave Britain unprepared for a new variant. “You don’t want to be blind on that,” he said

With a reduction in testing, Steven Paterson, a geneticist at the University of Liverpool, pointed out that Britain will have fewer viruses to sequence. He estimated the sequencing output could drop by 80 percent.

“Whichever way you look at it, it’s going to lead very much to a degradation of the insight that we can have, either into the numbers of infections, or our ability to spot new variants as they come through,” Dr. Paterson said.

Experts warned that it will be difficult to restart surveillance programs of the coronavirus, known formally as SARS-CoV-2, when a new variant emerges.

“If there’s one thing we know about SARS-CoV-2, it’s that it always surprises us,” said Paul Elliott, an epidemiologist at Imperial College London and a lead investigator on one of the community surveys being cut. “Things can change really, really quickly.”

Other countries are also applying a live-with-Covid philosophy to their surveillance. Denmark’s testing rate has dropped nearly 90 percent from its January peak. The Danish government announced on March 10 that tests would be required only for certain medical reasons, such as pregnancy.

Astrid Iversen, an Oxford virologist who has consulted for the Danish government, expressed worry that the country was trying to convince itself the pandemic was over. “The virus hasn’t gotten the email,” she said.

With the drop in testing, she said, the daily case count in Denmark doesn’t reflect the true state of the pandemic as well as before. But the country is ramping up widespread testing of wastewater, which might work well enough to monitor new variants. If the wastewater revealed an alarming spike, the country could start its testing again.

“I feel confident that Denmark will be able to scale up,” she said.

Israel has also seen a drastic drop in testing, but Ran Balicer, the director of the Clalit Research Institute, said the country’s health care systems will continue to track variants and monitor the effectiveness of vaccines. “For us, living with Covid does not mean ignoring Covid,” he said.

While Britain and Denmark have been cutting back on surveillance, one country offers a model of robust-yet-affordable virus monitoring: South Africa.

South Africa rose to prominence in November, when researchers there first discovered Omicron. The feat was all the more impressive given that the country sequences only a few hundred virus genomes a week.

Tulio de Oliveira, the director of South Africa’s Centre for Epidemic Response & Innovation, credited the design of the survey for its success. He and his colleagues randomly pick out test results from every province across the country to sequence. That method ensures that a bias in their survey doesn’t lead them to miss something important.

It also means that they run much leaner operations than those of richer countries. Since its start in early 2020, the survey has cost just $2.1 million. “It’s much more sustainable,” Dr. de Oliveira said.

In contrast, many countries in Africa and Asia have yet to start any substantial sequencing. “We are blind to many parts of the world,” said Elodie Ghedin, a viral genomics expert at the U.S. National Institute of Allergy and Infectious Diseases.

The United States has traveled a course of its own. In early 2021, when the Alpha variant swept across the country, American researchers were sequencing only a tiny fraction of positive Covid tests. “We were far behind Britain,” Dr. Ghedin said.

Since then, the Centers for Disease Control and Prevention has helped state and local public health departments start doing their own sequencing of virus genomes. While countries like Britain and Denmark pull back on surveillance, the United States is still ramping up its efforts. Last month, the C.D.C. announced a $185 million initiative to support sequencing centers at universities.

Still, budget fights in Washington are bringing uncertainty to the country’s long-term surveillance. And the United States faces obstacles that other wealthy countries don’t.

Without a national health care system, the country cannot link each virus sample with a person’s medical records. And the United States has not set up a regularly updated national survey of the sort that has served the United Kingdom and South Africa so well.

“All scientists would love it if we had something like that,” Dr. Ghedin said. “But we have to work with the confines of our system.”

Source: Cuts in Britain Could Cause a Covid Data Drought

Trichur: TD raising the bar for corporate Canada by agreeing to racial-equity audit

Look forward to seeing the results as I assume TD will share these at least at the macro level:

It’s often said in the corporate world that “what gets measured gets done.”

That’s why one of Canada’s biggest companies is heeding the call of an institutional investor to become more rigorous about assessing the effectiveness of its diversity and inclusion policies.

Toronto-Dominion Bank TD-N +0.48%increase is believed to be the first chartered bank and one of the first public companies in Canada to agree to an independent racial-equity audit to provide a reality check of its progress on dismantling systemic discrimination across its North American operations.

A racial-equity audit – also known as a racial-justice audit, a racial-equity assessment or a civil-rights report – is an important tool that helps shareholders determine which companies are taking real action on combatting racism. These audits are conducted by third parties and cover a company’s employment, compensation and business practices, including how it sells products and services. Companies are then expected to publicize the findings and use the feedback to fix problems.

Dozens of public companies, including Amazon, AT&T and Goldman Sachs in the United States, have received shareholder proposals calling for racial-equity audits over the past year, according to a search of securities filings conducted on the financial-intelligence platform Sentieo.

Although more investors are advocating for these audits, some companies still oppose this type of accountability. That’s why the commitment made by TD Bank is noteworthy – it is raising the bar for the rest of corporate Canada.

TD made its decision after holding talks with the BC General Employees’ Union (BCGEU). Specifically, TD has agreed to hire a third-party law firm to conduct a racial-equity assessment of its Canadian and U.S. employment policies. It has also agreed to provide updated information about the assessment by June 30, 2023.

The details are still a bit fuzzy, but it’s progress, folks.

Diana Lee, vice-president of diversity and inclusion at TD, said the bank recognizes that “assessment and measurement are vital tools to create meaningful progress” toward racial equity.

“We are committed to use the results of this racial-equity assessment to inform not only our employment policies and practices, but also our future business practices in supporting Black, Indigenous and minority customers and communities,” Ms. Lee added.

Separately, regulators are also putting increased pressure on banks to ensure their business practices don’t create disparate outcomes for racialized people. In the U.S., for instance, the Consumer Financial Protection Bureau plans stricter enforcement of fair-lending laws and a crackdown on digital and algorithmic practices that potentially discriminate against Black customers.

TD, of course, isn’t the only Canadian bank with significant U.S. operations. BCGEU, which has withdrawn its shareholder proposal at TD in light of the bank’s commitment, is putting other lenders and public companies on notice.

“We will continue doing everything in our power as investors to make sure that racial-equity assessments and audits become standard practice for public issuers and institutions in Canada. We will start contacting other chartered banks on this issue after the TD AGM,” BCGEU president Stephanie Smith said.

“The bottom line is, it isn’t enough for Canadian public issuers and institutions to talk the talk of diversity and inclusion by developing and announcing policies; investors deserve to know what impact those policies are having.”

Property and casualty insurer Intact Financial Corp., meanwhile, has agreed to “assess some internal practices” and to “enhance disclosure,” a company spokeswoman said.

Intact received a proposal from the Shareholder Association for Research and Education, a non-profit organization that represents institutional investors, said Kevin Thomas, SHARE’s chief executive.

SHARE, along with its clients, is interested in various employment issues affecting insurers but also whether their underwriting assumptions create unequal impacts for racialized people.

It takes a similar approach with asset managers, advocating for racial equity within companies but also pushing them “to address the potential impacts of investment decisions down the chain with investee companies,” Mr. Thomas said.

SHARE, meanwhile, says it has also filed proposals with companies Mondelez and Constellation Software.

Mondelez has yet to publish its proxy circular so its position on the proposal is not clear. However, Constellation Software has already opposed the idea in its filing, arguing that while it believes in an equitable and inclusive work force, “the Corporation’s interests, as well as the interests of racial diversity, equity and inclusion, are best served by its existing organizational structure and approach.”

Ridiculous. We all know who benefits from the status quo. And – here’s a big hint – it’s never racialized people.

“Every CEO these days will tell you they are committed to diversity and inclusion,” Mr. Thomas said. “For investors, a racial-equity audit is our way of testing whether management is blowing smoke or whether they are delivering on that promise. That tells us a lot about management quality, ethics and their ability to implement on the goals they set – all critical questions for their investors.”

Companies must hold themselves accountable for the public pledges they made to eradicate systemic discrimination after the police murder of George Floyd nearly two years ago prompted a massive public outcry.

That’s why TD deserves kudos for agreeing to a racial-equity audit. By taking this important first step, TD is putting pressure on other public companies to follow suit. Investors will be watching to see which ones step up next.

Source: TD raising the bar for corporate Canada by agreeing to racial-equity audit