Respect in the Workplace (Anti-Harassment) Policy

Respect in the Workplace (Anti-Harassment) Policy

Company Name strives to create and maintain a climate of mutual respect and understanding for all employees. Every employee has the right to work in an environment free from harassment and discrimination. No employees may be harassed or discriminated against because of race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, creed, sex or gender, sexual orientation, age, marital status, family status, physical or mental disability, association or political beliefs, language or record of offence as determined by applicable federal and provincial legislation.

This policy applies to all employees, clients, and suppliers to Company Name.

Discrimination

Workplace discrimination includes any distinction, exclusion, or preference based on the protected grounds described above, which negatively impacts equality of employment opportunity or equality of terms and conditions of employment.

Employment will not be jeopardized for employees who are absent due to short or long term disability.

*N.B. These grounds are subject to change based on changes in legislation.

Sexual Harassment

Sexual Harassment includes conduct or comments of a sexual nature that the recipient does not welcome or that offends him or her. This includes negative or inappropriate conduct or comments that are not necessarily sexual in nature, but which are directed at an individual because of his or her gender.

Both men and women can be victims of harassment, and someone of the same or opposite sex can harass someone else. Harassment can occur between anyone, e.g., employees and employees; Managers and employees; Managers and Managers; and, customers, contractors or consultants and Company Name staff.

Some examples of sexual harassment are*:

·  Sexual advances or demands that the recipient does not welcome or want

·  Threats, punishment or denial of a benefit for refusing a sexual advance

·  Offering a benefit in exchange for sexual favour

·  Leering

·  Displaying or sharing sexually offensive material such as posters, pictures, calendars, cartoons, screen savers, pornographic or erotic web sites or other electronic material

·  Distributing sexually explicit e-mail messages or attachments such as pictures or video files

·  Sexually suggestive or obscene comments or gestures

·  Unwelcome remarks, jokes, innuendoes, propositions or taunting about a person’s body, clothing or gender

·  Persistent, unwanted attention after a consensual relationship ends

·  Physical contact of a sexual nature, such as touching, pinching, or caressing

·  Sexual assault

Discriminatory Harassment

Discriminatory harassment includes comments or conduct based on the protected grounds of the Human Rights Code, which the recipient does not welcome or that offends him or her.

Some examples of discriminatory harassment are*:

·  Offensive comments, jokes or behaviour that disparage or ridicule a person’s membership in one of the protected grounds, such as race, religion or sexual orientation

·  Imitating a person’s accent, speech or mannerisms

·  Persistent or inappropriate questions about whether a person is pregnant, has children or plans to have children; or

·  Inappropriate comments or jokes about an individual’s age, sexual orientation, personal appearance or weight (whether they are under or over-weight)

Psychological Harassment and Violence

Psychological harassment is bullying or humiliating behaviour that has any or all of the following components:

·  Is generally repetitive, although a single serious incident of such behaviour may constitute psychological harassment if it undermines the recipient’s psychological or physical integrity and has a lasting harmful effect

·  Is hostile, abusive or inappropriate

·  Affects the person’s dignity or psychological integrity

·  Results in a poisoned work environment

Psychological harassment should not be confused with legitimate management actions, including measures to correct performance deficiencies or imposing discipline for workplace infractions.

Some examples of psychological harassment are*:

·  Verbally abusive behaviour such as yelling, insulting, and name calling

·  Persistent, excessive and unjustified criticism and constant scrutiny

·  Spreading malicious rumors

·  Excluding or ignoring someone because of what they are, based on the protected grounds

·  Undermining someone else’s efforts by setting impossible goals and deadlines

·  Sabotaging someone else’s work

·  Impeding an individual’s efforts at promotions or transfers

·  Making false allegations about someone in memos or other work related documents

Poisoned Work Environment

Even if no one is being directly targeted, harassing comments or conduct can poison the work environment, making it a hostile or uncomfortable place in which to work; this is also a form of harassment.

Some examples of actions that can create a poisoned work environment include*:

·  Displaying offensive or sexual material such as posters, pictures, calendars, web sites or screen savers

·  Distributing offensive e-mail messages, or attachments such as pictures or video files

·  Practical jokes that embarrass or insult someone

·  Jokes or insults that are offensive, racial or discriminatory in nature

·  Foul language which offends under any of the protected grounds identified in the introduction

The Test of Harassment

It does not matter whether the harassment was intended to offend the recipient. The test is whether the harasser knew or should have reasonably known that the comments or conduct were unwelcome.

Although it is commonly the case, the harasser does not necessarily have to have power or authority over the victim.

*N.B. These examples are not all-inclusive but rather, serve as a guideline for the types of behaviours which could be considered harassing or discriminatory.

Harassment and Discrimination Prevention

It is all of our mutual responsibility to ensure that we create and maintain a workplace free of harassment and discrimination.

Managers and supervisors are expected to assist in creating a harassment and discrimination-free workplace and to immediately contact their Manager, if they receive a complaint of workplace harassment or discrimination or witness harassing or discriminatory behaviour. Failure to appropriately respond to a harassment or discrimination complaint will result in disciplinary action up to and including termination of employment.

Each employee must do his or her part by ensuring that his or her behaviour does not violate this policy and by acting in a manner that ensures the Company Name work environment is based on respect and is free of harassment and discrimination. It is also the responsibility of all Company Name employees to protect others by bringing questionable behaviour, which could be construed as harassing or discriminating, to the attention of the individuals involved, and/or the immediate supervisor.

What to do if you are being harassed or observe an Company Name employee, client, or supplier being harassed or harassing someone from outside of Company Name

If an employee believes that he or she is being harassed or discriminated against, the first thing to do is to tell the person to stop as soon as the unwelcome comments or conduct occur. Although this may be difficult to do, telling the person that his or her actions are unwelcome is often enough to stop the behaviour.

If an employee believes he or she has been harassed or discriminated against by someone who is not a member of the company, e.g., a customer or supplier, it should be reported to their Manager, immediately. Although Company Name has limited control over third parties, the company will deal with the issue within its ability to mitigate the damage and prevent further problems from arising.

If an Company Name employee observes another Company Name employee being harassed or discriminated against (by another Company Name employee or someone outside of Company Name), or harassing or discriminating against someone (regardless of whether they are an Company Name employee or someone from outside of Company Name), it is their responsibility to report the incident to their Manager. Failure to report such an incident may result in disciplinary action up to and including termination of employment.

Formal Procedure

If the complaint cannot be resolved through the employee telling the other person to stop the behaviour, if the person is not comfortable communicating directly with the other person about it or if it is too serious to handle on an informal basis, the employee may initiate a formal complaint by contacting their Manager.

The Manager will immediately initiate an investigation into the complaint. The investigation may be conducted by the Manager, as well as Human Resources representatives and / or outside consultants or legal professionals.

It is Company Name’s policy not to investigate anonymous complains unless there are extenuating circumstances.

Investigation Procedure

Company Name will commence an investigation as quickly as possible. It may choose to use either an internal or external investigator, depending on the nature of the complaint.

A complainant or victim is a person who believes he or she has been harassed or discriminated against. A respondent or alleged harasser is the person who has allegedly committed the discriminatory or harassing act.

The investigation will include:

·  Interviewing the complainant and respondent to ascertain all of the facts and circumstances relevant to the complaint, including dates and locations

·  Interviewing any witnesses and other parties who may be able to provide information

·  Reviewing any related documentation

·  Making detailed notes of the investigation and maintaining them in a confidential file

Once the investigation is completed, the investigator(s) will prepare a detailed report of the findings.

It is the goal of Company Name, where possible, to complete any investigation and communicate the results to the complainant and respondent within thirty days after the complaint is received.

Confidentiality

Recognizing the sensitive nature of harassment and discrimination complaints, Company Name will keep all complaints confidential, to the extent that it is able to do so. Only as much information as is necessary to investigate and respond to the complaint will be released.

Out of respect for the relevant individuals, it is essential that the complainant, respondent, witnesses and anyone else involved in the formal investigation of a complaint maintain confidentiality throughout the investigation and afterwards. To not do so could result in disciplinary action up to and including termination of employment.

Corrective Action

Company Name will determine what action should be taken as a result of the investigation.

The complainant and respondent will be informed of the result of the investigation and whether (but not necessarily what) corrective measures are to be taken, if any are necessary.

Substantiated Complaint

If a finding of harassment or discrimination is made, Company Name will take appropriate corrective measures depending upon the seriousness of the situation, regardless of the respondent’s seniority or position in the company.

Corrective measures may include one or more of the following:

·  Discipline, such as verbal warning, written warning or suspension without pay

·  Referral for counseling (“sensitivity training”) or attendance at educational programs on workplace respect

·  A demotion or denial of promotion

·  Reassignment or transfer

·  Financial penalties such as the denial of a bonus or performance related salary increase

·  Termination of employment with cause

·  Any other disciplinary action deemed appropriated under the circumstances

Non-Substantiated Complaint

If there is not enough evidence to support the complaint, corrective measures will not be taken.

If a complaint is made in good faith and without malice, regardless of the outcome of the investigation, the complainant will not be subject to any form of discipline. Company Name will, however, discipline or terminate the employment of any employee who brings about a knowingly false and / or malicious complaint.

Protection from Retaliation

Company Name will not tolerate retaliation, taunts or threats against anyone who makes a complaint about harassment or discrimination, or against anyone who takes part in an investigation. Any person who taunts, retaliates against or threatens anyone in relation to a harassment or discrimination complaint may be disciplined up to and including termination of employment.

<Company Name> reserves the right to alter, modify, amend or change human resources policies at its sole discretion. Employees will be provided appropriate notice of any changes to policy.

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