The Corporation of the City of Cornwall

Department: Human Resources

Seb-Section:

Approval: Council

Policy Number: HR03-17

Effective Date: January 13, 2003

Revision Date: November 26, 2007

June 14, 2010

March 24, 2014

Related Policies: #HR03-29 Progressive Discipline

#HR03-40 Violence in the Workplace

Harassment in the Workplace

1.Purpose

To provide all employees with a work environment that is free of harassment, and respects dignity, self-worth and human rights of every individual.

2.Policy

Workplace harassment will not be tolerated on city premises, while conducting city business, or at city functions or social events, whether such harassment is perpetrated by managers, employees, contractors, customers/clients, visitors or members of the general public.

All employees are responsible for respecting the dignity and rights of their co-workers and the public they serve. Harassment is a serious form of employee misconduct which will result in disciplinary action up to and including termination.

Any member of the public, including visitors to city facilities or individuals conducting business with the City of Cornwall, are expected to adhere to this policy, including refraining from harassment of employees, elected officials, and persons acting on behalf of the City of Cornwall. If such harassment occurs, the City of Cornwall will take any steps available to ensure a harassment-free workplace, including barring the harasser from its facilities, where appropriate, or discontinuing business with contractors or consultants.

3.Application

This policy applies to all City of Cornwall employees, elected officials and their staff and to all aspects of the employment relationship. All staff are expected to abide by this policy, the Human Rights Code and the Occupational Health & Safety Act by refraining from any form of harassment, and fully co-operating in any investigation of harassment.

4.Definitions

Workplace is not confined to the offices and buildings of the Corporation. “Workplace” has been interpreted broadly by the Ontario Human Rights Commission, and as applied to the City, would include:

  1. any location where the business of the Corporation is being carried out (e.g. City Hall, works yard, community centers, meeting room), and;
  2. other locations and situations such as during business travel, work-related social gatherings or other locations where the prohibited behavior may have a subsequent impact on the work relationship, environment or performance.

Conduct: comments or behaviors which constitute harassment and occur in locations covered by this definition are subject to investigation under this policy.

Harassment: Workplace harassment is a course of vexatious comment (ie: demeans, humiliates, embarrasses) or conduct directed at a worker that a reasonable person knew or should have known would be unwelcome. It includes actions, comments, or displays. It may be a single incident or continue over time.

Some examples of harassment include:

  1. unwelcome remarks, slurs, jokes, taunts, or suggestions about a person’s body, clothing, race, national or ethical origin, colour, age, sex, marital status, family status, physical or mental disability, sexual orientation; pardoned conviction, or other personal characteristics;
  2. unwelcome sexual remarks, invitations, or requests (including persistent, unwanted contact after the end of a sexual relationship);
  1. written or verbal abuse or threats;
  2. patronizing or condescending behavior;
  3. humiliating an employee in front of co-workers;
  4. abuse of authority that undermines someone’s performance, competency, or threatens his/her career;
  5. vandalism of personal property; and/or;
  6. physical or sexual assault.

Workplace harassment does not include:

  1. legitimate performance management;
  2. appropriate exercise and delegation of managerial authority;
  3. operational directives;
  4. a disagreement or misunderstanding;
  5. work related change of location, co-workers, job assignment;
  6. appropriate discipline;

Sexual Harassment: May include, but is not limited to:

  1. sexual harassment of a female by a male; a male by a female; or one individual by another of the same gender, that creates an intimidating, hostile or offensive working environment.

Some examples may include:

  1. Unwelcome sexual remarks, requests for sexual favors, particularly when made by a person who is in a position to confer or deny a benefit to an employee; practical jokes of a sexual nature, which cause humiliation to an individual or group; or a display of pornographic or other offensive material;
  2. Unwelcome and unnecessary physical contact ranging from touching, patting, or pinching to physical assault; and
  3. A reprisal or threat of reprisal for the rejection of a sexual solicitation or advance made by a person in a sexual solicitation or advance made by a person in a position to confer or deny a benefit to the employee.

Human Rights: Harassment is defined in the Ontario Human Rights Code Section 10 as follows; engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to unwelcome.

Section 5 (2) Ontario Human Rights Code:

“Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, color, ethnic origin, citizenship, creed, age, record of offenses, marital status, family status, or disabilities.”

Section 7 (2) Ontario Human Rights Code:

“Every person who is an employee has the right to freedom from harassment in the workplace because of sex by his/her employer/agent of the employer or by another employee.

Complainant: The individual who makes a complaint against another.

Respondent:The individual against whom the complaint is made.

5.Confidentiality

All managers, employees and other persons who are aware of a harassment complaint, or involved in its resolution, must recognize the seriousness of the situation and respect the sensitivity and confidentiality that must be accorded to the matter. They must refrain from discussing the complaint amongst themselves or with anyone who does not have a “need to know”. Every effort must be made to preserve the dignity and self respect of the parties to the complaint. All information and documentation concerning a complaint will therefore be kept and transmitted as confidential/protected material. Those who do not fully respect such confidentiality may be subject to discipline.

5.1All Employees Shall:

  1. be familiar with their rights and responsibilities under the policy;
  2. not engage in behavior that would constitute discrimination or harassment under the policy;
  1. raise concerns as soon as possible if you have been harassed;
  2. document details of harassment that are experienced or witnessed;
  3. co operate in intervention and investigation to resolve harassment issues;
  4. maintain confidentiality related to harassment investigation; and
  5. employees are strongly encouraged to report incidents of harassment, discrimination or retaliation that they witness.

5.2Supervisors shall:

  1. ensure that their workplace is free from harassment, being aware of what’s happening in the workplace and taking appropriate action upon becoming aware of harassing conduct contrary to the policy;
  2. educate employees to ensure that they know that harassment will not be tolerated and that they know what their rights and responsibilities are under the policy including ways in which policy violations can be resolved;
  3. document details on human rights concerns, actions taken, outcomes or remedies implemented;
  4. where harassment occurred, monitor the situation after a complaint to ensure the harassment has stopped and implement appropriate measures to prevent reoccurrence; and
  5. consult with the Human Resources Department where there may be a perceived or real conflict of interest in addressing an alleged policy violation for assistance with human rights issues.

5.3Management Staff shall:

Management staff including the CAO, General Managers, Division Managers, Managers, Supervisors and Human Resources staff have obligations under the Human Rights Code, OHSA and Harassment Policy. Under the Human Rights Code & the Health & Safety Act, Management can be held personally liable for failing to take appropriate action. All management staff have the following general responsibilities:

  1. not engage in behavior that would constitute harassment under the policy;
  2. set and enforce standards of appropriate workplace conduct;
  3. have thorough knowledge of the policy;
  1. be able to clarify what constitutes harassment ;
  2. be able to advise staff of their rights and responsibilities under the policy;
  3. take all reasonable steps to deal with alleged workplace harassment that they are aware of or reasonably should have been aware of (even if a direct complaint has not been made) in a timely fashion while maintaining as much confidentiality as possible ;
  4. provide leadership in creating and maintaining harassment-free, respectful workplaces;
  5. receive investigation reports and making final decisions (in consultation with Human Resources) regarding disposition of a complaint;
  6. ensure resource availability and effective implementation of complaint settlements, remedies and corrective actions;
  7. ensure that staff who have responsibilities under the policy are held accountable and have the appropriate knowledge and skills to the policy obligations;
  8. ensure physical security;

5.4Human Resources Shall:

  1. be responsible for policy development
  2. take a leadership role in providing advise on policy provisions, investigating harassment concerns and complaints
  3. consult appropriate government agencies where there may be a perceived or real conflict of interest in addressing an alleged policy violation
  4. support general managers/division managers/managers in addressing harassment
  5. plan, coordinate and implement training for management and employees on the Harassment Policy.

5.5Central Health & Safety The Review Committee shall:

  1. Review annually the effectiveness of the policy and procedures.

6.Procedures for Dealing with Workplace Harassment

  1. If possible, make your disapproval known to the person who is causing the offence and ask that all offensive behavior stop; and/or
  2. discuss concerns with your immediate supervisor or another member of management; and/or
  3. seek advice from a union representative (where applicable); and/or
  4. contact Human Resources for advice.

Where possible, employees who feel that they have been subjected to harassment should maintain a written record of the nature of the alleged harassment, date(s), time(s), behavior, impact and a list of witnesses.

If no action is forthcoming from the Supervisor you reported the incident to, or if the behavior persists, report actions taken to the next level of authority.

If the complaint is not resolved through the previous steps, the employee should proceed to refer the incident to the Manager of Human Resources. Any written records may also be produced at this time.

In the event of Workplace Harassment the Corporation encourages its employees to report the incident in accordance with these procedures. However, the employee has the right to inform the Ontario Human Rights Commission of the incident or of the employee’s lack of satisfaction with the employer’s investigation and action taken.

7.Receipt And Documentation Of The Complaint

All complaints requesting or requiring formal investigation must be forwarded immediately to Human Resources. Upon receipt of the complaint an interview will be scheduled with the employee to discuss and clarify the incident and identify steps they have taken so far to resolve the matter. The employee may be represented/assisted by a person of his/her choice.

The Human Resources Department will attempt to acknowledge receipt of complaint within 5 working days (to manager/department head/complainant/union representative or third party where appropriate). The respondent(s) to the complaint has the right to be notified of its existence and nature within 5 working days.

Where a formal complaint is received in writing it shall be documented and a file opened by the Human Resources Department. To ensure that the complaint is documented properly and accurately, Human Resources will contact the complainant for clarification and/or further information.

Summaries and notes from previous informal actions and resolutions may be requested by Human Resources and appended to the complaint file as background information.

The Human Resources Department will be responsible for investigating complaints except in situations where it is necessary or appropriate to have the investigation carried out by an external third party.

The Corporation, through its Management and the Human Resources Department will attempt to ensure that complaints are investigated and handled in a manner so that the identities of the persons involved are kept confidential.

It must be recognized that, to the extent that the complainant chooses to initiate proceedings or make comments outside the Corporation’s internal harassment complaint procedures, confidentiality cannot be guaranteed. It must also be recognized that information collected and retained is subject to release under the Municipal Freedom of Information and Protection of Privacy Act, 1989, the Ontario Human Rights Code or the rules governing court proceedings.

8.Discipline

A range of disciplinary measures can be adapted to the severity of the incident. The degree of discipline taken will be influenced by a variety of factors such as the persistence of the harassment, severity of the behavior, cooperation and willingness to change, and other behavior. Discipline will range from a warning to dismissal. Bad faith complaints may also be subject to disciplinary action.

Supervisors and/or Management who condone such conduct or fail to investigate and report such conduct will also be subject to disciplinary action.

9.Protection Against Retaliation

No employee shall be discharged, suspended, intimidated or have penalties imposed because such an individual has made a complaint or given evidence or assisted in any way in the investigation and resolution of a complaint of workplace or sexual harassment. (Bad faith complaints may be subject to disciplinary measures.)

10.File Retention and Disposal

Upon final disposition of a formal complaint the file will be closed and retained in the Human Resources Department. All closed files will be retained in the Human Resources Department for a period of 5 years from the date of closing.

Closed investigative files will be disposed of in an appropriate manner after the 5 year period. Notations on Human Resources Department files will be removed as per existing procedures and/or provisions contained in collective agreements.

Mayor Bob Kilger

Norm Levac

Chief Administrative Office

1 / Harassment in the Workplace