HomeMy WebLinkAboutCAO 22-12 Cu 4 Report to
Executive Committee
PICKERING Report Number: CAO 22-12
Date: November 12, 2012
From: Tony Prevedel
Chief Administrative Officer
Subject: Respect in the Workplace Policy
- File: A-1010
Recommendation:
That Council approve modifications to the Respect in the Workplace Policy (HUR 070)
in order to comply with amendments to the Ontario Human Rights Code.
Executive Summary: Bill 33 received Royal Assent on June 19, 2012 which
amended the Ontario Human Rights Code to include the grounds of gender identity and
gender expression to be free from discrimination. In response to this legislative change,
the City's current Respect in the Workplace Policy has been revised to capture the
requirements of Bill 33. The following are all the prohibited grounds now included in the
Code with respect to employment:
Race, ancestry, place of origin,colour, ethnic origin, citizenship, creed, sex, sexual
orientation, gender identity, gender expression, age, record of offences, marital status,
family status or disability.
In addition to these changes, the definition for "Supervisor" was also updated in the
policy to mirror the definition in the Ontario Occupational Health & Safety Act, being"a
person who has charge of a workplace or authority over a worker".
Financial Implications: Approximately $1,500 to $2,250 for the cost of ongoing
training.
Discussion: The Occupational Health & Safety Act requires the City to
conduct regular reviews of the Respect in the Workplace Policy and to update it as
required. The prohibited grounds for discrimination and harassment now include race,
ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation,
gender identity, gender expression, age, record of offences, marital status, family status
or disability.
Gender identity is linked to an individual's sense of being male or female which could be
different than the gender he or she was assigned at birth. Anyone who is discriminated
against or harassed because of gender identity or gender expression is legally
•
Report CAO 22-12 November 12, 2012
Subject: Respect in the Workplace Policy Page 2
protected under the legislation and this policy. Gender identity or gender expression
can include:
Transgender: People whose life experience includes existing in more than one
gender. This may include people who identify as transsexual, and people who
describe themselves as being on a "gender spectrum" or as living outside the
categories of"man" or"woman."
Transsexual: People who were identified at birth as one sex, but who identify
themselves differently. They may seek or undergo one or more medical treatments to
align their bodies with their internally felt identity, such as hormone therapy, sex-
reassignment surgery or other procedures. •
Intersex: People who are not easily classified as "male" or "female," based on their
physical characteristics at birth or after puberty. This word replaces the inappropriate
term "hermaphrodite."
Cross dresser: A person who, for emotional and psychological well-being, dresses
in clothing usually associated with the "opposite" sex.
Trans: An umbrella term used to describe individuals who, to varying degrees, do not
conform to what society usually defines as a man or a woman.
Bill 33 has achieved a greater protection of rights for "trans" individuals and goes on to
clarify our duty to accommodate these individuals in the workplace. In accordance with
the Municipal Act, this policy must be approved by Council.
Attachments:
1. Bill 33
2. Respect in the Workplace Policy
Report CAO 22-12 November 12, 2012
Subject: Respect in the Workplace Policy Page 3
Prepared By: Approved/Endorsed By:
tit&
Soula Voskootiros 44r1r'Parent
Coordinator, Human Resources ` 'vision Head, Human Resources
JP:sv •
Recommended for the consideration
of Pickering Ci Council
id] (%t 21, 2oa
Tony Prevedel, P.Eng.
Chief Administrative Officer
ATTACHMENT#_LTO REPORT# CAO a.2"
of
1
r®7
1ST SESSION,40TH LEGISLATURE,ONTARIO lee SESSION,40e LEGISLATURE,ONTARIO
61 ELIZABETH II,2012 _ 61 ELIZABETH II,2012
Bill 33 Pro j et de loi 33
(Chapter 7 (Chapitre 7
Statutes of Ontario, 2012) Lois de 1'Ontario de 2012)
An Act to amend Loi modifiant le
the.Human Rights Code Code des droits de la personne
with respect to gender identity en ce qui concerne l'identite sexuelle
and gender expression ou 1'exp>ression de 1'identite sexuelle
Co-sponsors: Coparrains:
Ms DiNovo Mme DiNovo
Mrs. Elliott - Mme Elliott
Mr.Naqvi M.Naqvi
1st Reading February 21,2012 1`e lecture 21 fevrier 2012
2nd Reading May 10,2012 2e lecture 10 mai 2012
3rd Reading June 13,2012 3e lecture 13 juin 2012
Royal Assent June 19,2012 Sanction royale 19 juin 2012
•
Printed by the Legislative Assembly Imprime par 1'Assemblee legislative
of Ontario de I'Ontario
0
ATTACHMENT#_.TO REPORT#C'° 22c,2"
• OFq•
•
EXPLANATORY NOTE NOTE EXPLICATIVE
This Explanatory Note was written as a reader's aid to Bill 33 La note explicative,redigee a titre de service aux lecteurs du
and does not form part of the law. Bill 33 has been enacted as projet de loi 33,ne fait pas partie de la loi.Le projet de loi 33 a
Chapter 7 of the Statutes of Ontario,2012. ete edicte et constitue maintenant le chapitre 7 des Lois de
,1'Ontario de 2012.
The Bill amends the Human Rights Code to specify that every Le projet de loi modifie le Code des droits de la personne afm
person•has a right to equal treatment without discrimination de preciser que toute personne a droit a un traitement egal sans
because of gender identity or gender expression with respect to, discrimination fondee sur l'identite sexuelle ou l'expression de
l'identite sexuelle en matiere:
(a) services,goods and facilities(section 1 of the Code); a) de services, de biens ou d'installations (article 1 du
Code);
(b) accommodation(subsection 2(1)of the Code); b) de logement(paragraphe 2(1)du Code);
(c) contracting(section 3 of the Code); c) de contrat(article 3 du Code);
(d) employment(subsection 5(1)of the Code);and d) d'emploi(paragraphe 5(1)du Code);
(e) membership in a trade union,trade or occupational asso- e) d'adhesion a un syndicat ou a une association commer-
ciation or self-governing profession (section 6 of the • ciale ou professionnelle ou en matiere d'inscription a
Code). l'exercice d'une profession autonome (article 6 du
Code).
The Bill also amends the Code to specify that every person has a Le projet de loi modifie egalement le Code afin de preciser que
right to be free from harassment because of sexual orientation, toute personne a le droit d'être a l'abri de tout harcelement fon-
gender identity or gender expression.with respect to, de sur l'orientation sexuelle, l'identite sexuelle ou l'expression •
de l'identite sexuelle en matiere:
(a) accommodation (subsections 2 (2) and 7 (1) of the a) de logement(paragraphes 2(2)et 7(1)du Code);
Code);and
(b) employment(subsections 5(2)and 7(2)of the Code). b) d'emploi(paragraphes 5(2)et 7(2)du Code).
•
•
•
•
•
•
' i
ATTACHMENT TO REPORT#CA& 07e2 —(a.
3 o 4
Bill 33 2012 Projet de loi 33 2012
An Act to amend Loi modifiant le
the Human Rights Code Code des droits de la personne
with respect to gender identity en ce qui concerne l'identite sexuelle
and gender expression ou l'expression de l'identite sexuelle
•
Note: This Act amends the Human Rights Code. For the Remarque: La presente loi modifie le Code des droits de
legislative history of the Act, see the Table of Consoli- la personne, dont l'historique legislatif figure a la page
dated Public Statutes — Detailed Legislative History at pertinente de l'Historique legislatif detaille des lois
www.e-Laws.gov.on.ca. d'interet public codifiees sur le site www.lois-en-
Iigne.gouv.on.ca.
Her Majesty, by and with the advice and consent of the Sa Majesty, sur l'avis et avec le consentement de
Legislative Assembly of the Province of Ontario, enacts l'Assemblee legislative de la province de l'Ontario,
as follows: edicte:
1. Section 1 of the Human Rights Code is amended 1. L'article 1 du Code des droits de la personne est
by adding "gender identity, gender expression" after modifie par insertion de «l'identite sexuelle, l'expres-
"sexual orientation". sion de 1'identite sexuelle,» apres <d'orientation
sexuelle,».
2. (1) Subsection 2 (1) of the Act is amended by 2. (1) Le paragraphe 2 (1)du Code est modifie par
adding "gender identity, gender expression" after insertion de <d'identite sexuelle, l'expression de
"sexual orientation". 1'identite sexuelle,»apres<d'orientation sexuelle,»..
(2) Subsection 2(2)of the Act is amended by adding (2) Le paragraphe 2 (2) du Code est modifie par
"sexual orientation, gender identity, gender expres- adjonction de <d'orientation sexuelle, l'identite
Sion"after"creed". sexuelle, l'expression de 1'identite sexuelle,» apres «la
croyance,».
3. Section 3-of the Act is amended by adding"gen- 3. L'article 3 du Code est modifie par insertion de
der identity,gender expression" after"sexual orienta- «I'identite sexuelle,l'expression de l'identite sexuelle,»
tion". apres<d'orientation sexuelle,».
4. (1) Subsection 5 (1) of the Act is amended by 4. (1) Le paragraphe 5 (1) du Code est modifie par
adding "gender identity, gender expression" after insertion de «l'identite sexuelle, ('expression de
"sexual orientation". 1'identite sexuelle,»apres<d'orientation sexuelle,».
(2),Subsection 5(2)of the Act is amended by adding (2) Le paragraphe 5 (2) du Code est modifie par
"sexual orientation, gender identity, gender expres- adjonction de <d'orientation sexuelle, l'identite
Sion"after"creed". sexuelle, l'expression de 1'identite sexuelle,»apres «la
croyance,».
5. Section 6 of the Act is amended by adding "gen- 5. L'article 6 du Code est modifie par insertion de •
der identity, gender expression"after"sexual orienta- <d'identite sexuelle,l'expression de 1'identite sexuelle,»
tion". apres«1'orientation sexuelle,».
6. (1) Subsection 7 (1) of the Act is amended by 6. (1) Le paragraphe 7 (1)du Code est modifie par
striking out "because of sex" and substituting "be- remplacement de «pour des raisons fondees sur le
cause of sex, sexual orientation, gender identity or sexe» par «pour des raisons fondees sur le sexe,
gender expression". l'orientation sexuelle, 1'identite sexuelle ou l'expres-
sion de 1'identite sexuelle»a la fin du paragraphe.
(2) Subsection 7 (2) of the Act is amended by strik- (2) Le paragraphe 7 (2) du Code est modifie par
• ing out "because of sex" and substituting "because of remplacement de «pour des raisons fondees sur le
sex, sexual orientation, gender identity or gender ex- sexe» par «pour des raisons fondees sur le sexe,
pression". l'orientation sexuelle, l'identite sexuelle ou 1'expres-
sion de 1'identite sexuelle»a la fin du paragraphe.
ATTACHMENT#__L_.TO REPORT#_,C2...0 022'/
L1, or
2 TOBY'S ACT(RIGHT TO BE FREE FROM DISCRIMINATION AND HARASSMENT•
BECAUSE OF GENDER IDENTITY OR GENDER EXPRESSION),2012
Commencement Entree.en vigueur
7. This Act comes into force on the day it receives 7. La presente loi entre en vigueur le jour oil elle
Royal Assent. recoit la sanction royale.
Short title Titre abrege
8. The short title of this Act is Toby's Act (Right to 8. Le titre abrege de la presente loi est Loi Toby de
be Free from Discrimination and Harassment Because 2012 sur le droit a l'absence de discrimination et.de har-
of Gender Identity or Gender Expression),2012. - celement fondes sur l'identite sexuelle ou l'expression
de l'identitesexuelle.
TO D 2 —e` °o A ATTACHMENT g City Policy
,�_ . /
PICKERING
Policy Title: Respect in the Workplace Policy Number: HUR 070
Reference: Date Originated: Date Revised:
Ontario Human Rights Code, R.S.O. 1990, March,-1993 May 7, 2010
Chapter H.19
November 12, 2012
Occupational Health and Safety Act, R.S.O.
1990, Chapter 0.1, 2009, c. 33, Sched. 20,
s. 3.
Municipal Freedom of Information and
Protection of Privacy Act, R.S.O. 1990,
Chapter M.56, 2007, c. 13, s. 45.
Approval: Council Point of Contact: Division Head, Human
Resources
Policy Objective
The Corporation of the City of Pickering (the "City") is committed to providing and
maintaining a work environment that is free from violence and harassment and where
the dignity and self-esteem of every employee is respected.
Under the provisions of the Ontario Human Rights Code, every employee has the right
to freedom from harassment in the workplace by the employer, by an agent of the
employer, or by another employee because of sex, sexual orientation, gender identity,
gender expression, race, ancestry, place of origin, colour, ethnic origin, citizenship,
creed, age, record of offences, marital status, family status, being or disability.
Furthermore, in accordance with the Occupational Health and Safety Act, this policy
prohibits all forms of harasment, psychological harassment and violence that is related
or unrelated to any of the prohibited grounds mentioned above.
In keeping with its legal and social responsibilities as an employer and to prevent and
manage workplace harassment and violence, the City will treat any complaint of
workplace harassment and violence as a serious matter which, if proven, constitutes a
serious offence that will not be tolerated or condoned.
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ATTACHMENT#a TO REPORT# C 6
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.The objective of this policy is to:
a) demonstrate the City's commitment to the provision of a working environment
that is free of violence and all forms of harassment;
b) provide all City employees with an opportunity to bring forward and remedy
allegations of workplace violence and harassment in a fair and impartial manner;
c) set out the types of behaviour that may be considered to be offensive;
d) establish a mechanism for receiving complaints of workplace violence and
harassment and to provide a procedure by which the City will deal with these
complaints; and
e) ensure that all complaints are dealt with expeditiously and objectively and that
the rights of all parties are respected.
Index
01 Definitions
02 Responsibilities
03 Procedures
04 Confidentiality
05 Applications
06 Limitations
Appendix 1 Harassment Complaint Form
Appendix 2 Workplace Violence Reporting Form
Appendix 3 Response to Harassment Complaint
01 Definitions
01.01 Complaint is a statement by an employee containing full particulars of an
allegation of a violation of this Policy. Such particulars include a factual
account of the incident(s), relevant times, dates, circumstances, the
person(s) involved, and the names of any witnesses. Employees may be
)licy Title: Respect in the Workplace Page 2 of 11
dicy Number: HUR 070
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encouraged to document the allegations in a signed and dated written
statement.
01.02 Complainant is any person who makes a formal complaint.
01.03 Discrimination is any distinction, exclusion or preference based on a
. protected ground in the Ontario Human Rights Code which nullifies or
impairs equal opportunity in employment.
01.04 Retaliation is action taken against an individual in response to having
invoked the Respect in the Workplace Policy on behalf of oneself or
another individual or for having participated or cooperated in any
investigation under this Policy.
01.05 Respondent is the person(s) in which allegations of harassment and/or
violence are taken against.
01.06.Supervisor is the immediate non-union supervisor.
01.07 Workplace is the working or work-related environment including, but not
limited to, the offices, buildings, worksites or any other location where City
business is being conducted and employees have gathered as a result of
employment responsibilities or social gatherings sanctioned by the'City.
01.08 Workplace Harassment is engaging in a course of vexatious comment or
conduct against a worker in a workplace that is known or ought reasonably
to be known to be unwelcome which creates an intimidating or hostile work
environment, interferes with an employee's work performance, or
threatens economic livelihood. Harassment which occurs outside of the
workplace but which has repercussions in the work environment,
adversely affecting employee relationships, may also be defined as
workplace harassment. Workplace harassment can involve the following:
a) Harassment is engaging in a course of vexatious comments or
conduct that is known, or ought reasonably to be known, to be
unwglcome or offensive, and includes, for purposes of this policy,
one or a series of unwanted, unsolicited actions, behaviours,
remarks or communications in any form, directed toward an
individual or a group, and which are related to any of the prohibited.
Policy Title: Respect in the Workplace Page 3 of 1.1
Policy Number: HUR 070
ATTACHMENT# TO REPORT# O 69°2
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grounds of workplace or employment harassment under the Human
Rights Code.
Harassment can include, but is not limited to the following
examples:
• racial or ethnic slurs;
• repeatedly asking when they are going to get married or have
children;
• inappropriate comments about specific genders or ages
groups; and/or
• unwelcome remarks, jokes, taunts, suggestions about a
person's religion, disability, etc.
b) Psychological Harassment is engaging in behaviour that is
intended to intimidate, offend, degrade or humiliate a particular
person or group of people. Examples of psychological harassment
can include, but are not limited to:
• verbally abusive behaviour such as yelling, insults and name
calling;
• persistent, excessive and unjustified criticism and constant
scrutiny;
• spreading malicious rumours;
• excluding or ignoring someone;
• sabotaging someone else's work, equipment or belongings; •
• written or verbal abuse or threats;
• making false allegations about someone in memos, emails or
other work related documents; and/or
• actions which create a poisoned work environment which
occurs when an activity or behaviour is not necessarily
directed at anyone in particular but creates a hostile or
offensive workplace for those who are exposed to it.
c) Sexual Harassment is any unwelcome conduct, comment, gesture
or physical contact of a sexual nature directed toward someone of
the same or opposite gender that is known or ought reasonably to
be known to cause offense., embarrassment or humiliation. Sexual
harassment can include, but is not limited to the following -
examples:
• unwelcome sexual remarks, invitations or requests;
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)licy Number: HUR 070
ATTACHMENT# e2 TO REPORT# 02L'2
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• unwelcome remarks, jokes, taunts, and/or suggestions about
a person's body;
• displays of pornographic, sexist, or other offensive or
derogatory material;
• leering (suggestive staring) or other offensive gestures;
• unnecessary physical contact;
• persistent, unwanted attention after a consensual relationship
ends; and/or
•
01.09 Workplace Violence is:
a) the exercise of physical force by a person against a worker, in a
workplace, that causes or could cause physical injury to the worker;
b) an attempt to exercise physical force against a worker, in a
workplace, that could cause physical injury to the worker;
c) a statement or behaviour that it is reasonable for a worker to
interpret as a threat to exercise physical force against the worker, in
a workplace, that could cause physical injury to the worker.
Workplace violence can include but is not limited to the following
examples:
• physically abusive or threatening behaviour such as pushing,
hitting, finger pointing or standing close to someone in an.
aggressive manner;
• leaving threatening notes or sending threatening emails to
the workplace; and/or
• using or threatening to use a weapon.
02 Responsibilities .
02.01 Council to:
a) approve the policy and any amendments to it from time to time; and
b) actively support and adhere to the Respect in the Workplace Policy.
02.02 Chief Administrative Officer to:
a) actively support and adhere to the Respect in the Workplace Policy;
Policy Title: - Respect in the Workplace Page 5 of 11
Policy Number: HUR 070
ATTACHMENT# oZ TO REPORT#6140
(o oFr?
b) ensure that all City employees are provided with a work
environment free from any form of harassment or violence; and
c) create an environment that encourages prospective complainants to
report incidents of harassment and violence should they occur;
d) undertake appropriate corrective or disciplinary action making
decisions to terminate employment as required.
02.03 Directors and Division Heads to:
a) actively support and adhere to the Respect in the.Workplace Policy;
b) create and maintain a harassment and violence free workplace for
all employees within his/her department/division;
c) prevent and discourage workplace harassment and violence
through action and example by ensuring that their own conduct and
that of their employees is not hurtful, intimidating or embarrassing;
d) ensure that workplace behaviour contrary to this Policy is not
permitted, condoned, or ignored;
e) ensure that all employees within his/her department/division are
conversant with the City's Respect in'the Workplace Policy and with
their rights and responsibilities under this Policy;
f) treat all complaints of workplace harassment and violence seriously
and respond in a timely manner to complains in accordance with the
procedures outlined in this Policy;
g) cooperate in any investigation arising from complaints made under
this Policy; and
h) undertake appropriate corrective or disciplinary action including
making recommendations to terminate employment as required.
02.04 Supervisors to:. . .
a) take reasonable precautions to protect the health and safety of
workers which includes preventing workplace violence by creating
and maintaining a harassment and violence free workplace for all
employees within his/her work unit;
b) prevent and discourage workplace harassment and violence
through action and example by ensuring that their own'conduct and
that of their employees is not hurtful,'intimidating or embarrassing;
c) offer training and information to workers to ensure that workplace
behaviour contrary to this Policy is not permitted, condoned or
ignored;
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)licy Number: HUR 070
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d). treat all complaints of workplace harassment and violence seriously
and respond in a timely manner to complaints in accordance with
the procedures outlined in this Policy;
e) communicate and reinforce the City's Policy and Procedures on
workplace harassment and violence to all employees within his/her
work unit;
f) refer the matter to management in a timely fashion when he/she
has knowledge of workplace harassment or violence so that the
matter can be investigated; and
g) .cooperate in any investigation arising from complaints made under •
this Policy.
02.05 Human Resources Division to:
a) provide training,and education to all employees on the interpretation
and application of this Policy;
b) serve as a resource to management and staff on workplace
harassment, violence and related issues;
c) provide consultation and advice to City management regarding
appropriate corrective or disciplinary action to be undertaken to
resolve a complaint;
d) ' receive complaints and undertake a prompt and confidential
investigation into all complaints brought forward;
e) maintain a centralized record of all workplace harassment and
violence complaints and related documentation;
f) undertake follow-up interviews with the complainant in accordance
with the procedures outlined in this Policy; and
g) initiate and conduct regular reviews of the Respect in the Workplace
Policy and provide a written report and recommendations to the
Chief Administrative Officer;
h) take every reasonable precaution given the circumstances to
protect the worker if made aware or ought reasonably to be aware
that domestic violence would likely expose the worker to physical
injury; and
i) assess the risk of workplace violence that may arise and to report
the results of the assessment to the Joint Health & Safety
Committee or its representative.
j) provide information to worker(s), including personal information,
related to a risk to workplace violence from a person with a history
of violent behaviour if:
Policy Title: Respect in the Workplace Page 7 of.11
Policy Number: HUR 070
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i. the worker can be expected to encounter that person in the
course of his or her work; and
ii. the risk of workplace violence is likely to expose the worker to
physical injury.
02.06 Employees to:
a) ensure that their actions and behaviour do not cause
embarrassment or humiliation to co-workers;
b) have the right to refuse to work or do particular work where he or
she has reason to believe that workplace violence is likely to
endanger himself or herself;
c) comply with this Policy and take all steps to maintain a harassment
and 'violence free workplace;
d) report any incident or observations of inappropriate action or
behaviour to their Supervisor, Division Head, Director or to the
Human Resources Division;
e) notify his/her supervisor and Human Resources if he/she has a
legal court order (eg. restraining order) against another individual if
the employee believes the aggressor may put him/her or other
employees at risk of workplace violence; and
f) cooperate fully in any investigation arising from complaints brought
forward under this Policy.
03 Procedures
03.01 Any employee who considers that he or she has been subjected to
workplace harassment is encouraged to bring the matter to the attention of
the individuals(s) responsible, advising the person that the behaviour is
unwelcome, contrary to the Respect in the Workplace Policy and request
that it be stopped.
03.02 Employees who believe that they are being harassed or who have tried
unsuccessfully to deal directly with the individual(s) responsible for the
behaviour or who feel that such an approach is inappropriate, should
report the incident(s) using the Harassment Complaint Form (Appendix 1).
to their Supervisor, Division Head or Director who will take immediate
steps to resolve the problem. Any Supervisor, Division Head or Director
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)licy Number: HUR 070
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should notify the Division Head, Human Resources immediately upon
receipt of the complaint.
03.03 When attempts to resolve the matter through the above methods are
inappropriate or fail, the employee may submit his/her formal complaint
(Appendix 1) to the Human Resources Division within a reasonable time
from when the incident occurred.
03.04 When a complaint has been forwarded directly to Human Resources, the
Division Head, Human Resources or designate shall conduct an
investigation into the complaint. Such investigation shall.include
interviews with the complainant(s), the respondent, witnesses to the
incident(s) and any other person who may provide relevant information.
Allegations of workplace violence will be investigated by Human
Resources and if required a Ministry of Labour Inspector.
03.05 The respondent will be given a copy or a synopsis of the complaint as
soon as possible, and will be given an opportunity to respond in writing
using the Response to Harassment Complaint Form (Appendix 3).
03.06 Once the investigation has been completed, a written report summarizing
investigation findings will be prepared for the appropriate Director with
recommendations for corrective action as appropriate in the
circumstances.
03.07 Where the results of the investigation support a specific complaint of
harassment, appropriate corrective action will be taken. Where the results
of the investigation do not support allegations of harassment, no further
action will be taken and the complainant will be advised as such.
03.08 The test for determining if workplace harassment has occurred may be
met by assessing if:
a) the complainant specifically says the conduct is unwelcome; and/or
b) • the complainant conveys through conduct or body language that the
behaviour is unwelcome; and/or
c) a reasonable person would have recognized that the behaviour
would be unwelcome under the circumstances.
Policy Title: Respect in the Workplace Page 9 of 11
Policy Number: HUR 070
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03.09 No reprisals will be taken against any party for having invoked his/her
rights under this Policy. However, where as a result of an investigation it
is determined that a complaint was made maliciously or in bad faith, formal
disciplinary action may be taken against the complainant. Documentation
regarding disciplinary action will be retained in the employee's personnel
file.
03.10 The Human Resources Division will undertake follow-up interviews with
the complainant as required. All follow-up interviews will be documented
and retained in the Human Resources Division.
03.11 For employees covered by a collective agreeriient, a complaint may be
filed through their union as a grievance, if not satisfied with the
investigation.
03.12 When a complaint is made against the Chief Administrative Officer, a
Director or a Division Head, or when the Chief Administrative Officer
considers it appropriate, the resolution of a complaint under this Policy
may be referred to an outside consultant who will conduct a prompt and
confidential inquiry into the complaint.
03.13 Acts or threats of violence involving a weapon or incidents where the
violence is extreme must be reported to the police and management
immediately. All instances of workplace violence must be reported using
the Workplace Violence Reporting Form (Appendix 2)and will be
investigated accordingly.
04 Confidentiality
04.01 The City recognizes that allegations of workplace harassment and
violence involves sensitive disclosures,and respects a complainant's
interest in keeping the matter confidential.
04.02 All complaints of workplace harassment (including the identities of the
complainant, the respondent and any witnesses) will therefore be held in
confidence and will be disclosed only to the extent necessary to
investigate and resolve the matter. It is the City's expectation that the
complainant, the respondent, and any witnesses to the incident(s) will also
maintain confidentiality.
)licy Title: Respect in the Workplace Page 10 of 11
)licy Number: HUR 070
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04.03 All records of complaints, including contents of meetings, interviews,
results of investigations, and all other documentation, will be retained by
the Human Resources Division.
04.04 All information pertaining to the results of the risk of workplace violence
that may arise from an assessment will be provided to the Joint Health &
Safety Committee or its representative and will be disclosed only to the
extent necessary to generate statistics.
04.05 All records pertaining to a complaint under this Policy are subject to the
provisions of the Municipal Freedom of Information and Protection of
Privacy Act, the Ontario Human Right's Code, the Occupational Health &
Safety Actor the rules governing Court proceedings.
05 Application
This Policy is applicable to all City employees, contractors, visitors, clients,
patrons, volunteers,.elected and appointed officials. It applies to all matters
identified occurring in the course of any person's employment or contract of
services.
06 Limitations
The City is committed to providing all its employees with a supportive and
satisfying work environment. Every employee has the right to make a complaint or
to enforce his or her rights under this Policy, without retaliation or the threat of
retaliation and in the expectation that complaints of workplace harassment and
violence will be successfully resolved by the City without recourse to other
avenues.
Notwithstanding the existence of this policy, under the provisions of the Ontario
Human Rights Code all City employees may at any time pursue their rights
independent of this Policy.
Appendix 1 Harassment Complaint Form •
Appendix 2 Workplace Violence Reporting Form
Appendix 3 Response to Harassment Complaint
Policy Title: Respect in th'e Workplace Page 11 of 11
Policy Number: HUR 070
ATTACHMENT# o TO REPORT# CR6 02o2��OZ
City crit,
Tru iii
ra oFi 7 Harassment Complaint Form
_ Appendix 1
All complaints of workplace harassment will be held in confidence and will be disclosed only to the extent
necessary to investigate and resolve the complaint. It is the City's expectation that the complainant, the
person against whom the complaint is made, and any witnesses to the incident(s) will also maintain
confidentiality.
!Complainant Information (anonymous complaints will not be investigated)
First Name Last Name
Date Position Title
Department Division Section
Facility Immediate Non-Union Supervisor
iSubject of Complaint Information
Name of individual you are complaining about
Position Title
Department Division Section
Date(s) the, incident(s) occurred Time r am ('rpm
Place the incident occurred
Date(s) the incident(s) occurred Time C:pm
Place the incident occurred
Nature of the allegation(s)
Page 1 of 2
ATTACHMENT# oZ TO REPORT# CAD "1?
•
rib' 411 A. Harassment Complaint Form
, 64sa ��
11 DIM 3 ti
)escribe the sequence of events and factors leading up to the occurrence. Attach an additional page if
iecessary.
)escribe your reaction.
_ist any witnesses who observed the conduct, or individuals who may have information about the complaint.
•
•
)utline what you have done in response to this problem to date, if anything, including speaking to the
Jerson you are complaining about, or raising your concerns with someone else.
am hereby filing this complaint because I honestly believe that the person noted below is harassing me.
=irst Name Last Name
hereby certify that to the best of my knowledge the above-mentioned information is,true, accurate and
;omplete. I understand that making false allegations is in violation of the Respect in the Workplace Policy
Ind could subject me to discipline up to and including termination. I understand that by filing this complaint,
in investigation will be initiated.
Signature of Complainant Date
(ou may submit this form to your Supervisor, Division Head/Director, or Division Head, Human Resources.
Page 2 of 2
f ATTACHMENT# .2 TO REPORT# CA®
{ d
11/ of (7 Workplace Violence Reporting Form
:
Appendix 2
This form is to be used in instances where a person has exercised or attempted to exercise physical force
against an employee that could cause physical injury. You may also use this form when a person makes a
statement or exhibits a behaviour that is reasonable enough for a person to interpret as a threat to exercise
physical force that could cause physical injury.
'Complainant's Information
First Name Last Name
Date Position Title
Department Division Section
Facility Immediate Non-Union Supervisor
Incident Details
Name of aggressor (if known)
Familiarity with aggressor
Position Title (if applicable)
Department (if applicable) Division (if applicable) Section (if applicable)
Date(s) the incident(s) occurred Time Darn ❑pm
Location of incident
Date(s) the incident(s) occurred Time Dam ❑pm
Type of Incident ❑ Mail ❑ Email ❑ Voicemail ❑ Telephone
Was the incident reported to the Police? Dyes ❑no
If yes, please provide Officer name
If yes, please provide Incident No
Extension call received at Call display number (if applicable)
Page 1 of 3
ATTACHMENT# 02 TO REPORT# CPO-Q2— °Z
( S
- Workplace Violence Reporting Form
i:1-1,1,4 -1—
1E1E1K[
)escribe the sequence of events and factors leading up to the threat/violence.
What was the nature of the threat/violence? (What was said and done specifically).
.ist any witnesses who observed the conduct, or individuals who may have information about the complaint.
. I
provide a physical description if the aggressor's identity is known (height, weight, clothing, hair, ethnicity,
:to.).
What was the state of emotion of the aggressor? (check all that apply).
❑ Calm ❑ Angry ❑ Crying ❑ Confused
❑ Shouting ❑ Anxious ❑ Intoxicated ❑Irrational
)escribe the manner of speech of the aggressor (for telephone threats).
❑ Fast ❑ Slow ❑ Frightened ❑ Lisping
❑ Vulgar ❑ Polite LI Stuttering ❑Accent
\ny other pertinent details? Please attach an additional page if necessary. -
I
Page 2 of 3
ATTACHMENT# TO REPORT# 0c 2
Lltif Workplace Violence Reporting Form
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� p p 9
I hereby certify that to the best of my knowledge the above-mentioned information is true, accurate and
complete.
Signature of Complainant Date
Signature of Immediate Non-Union Supervisor Date
Once all approvals have been obtained, the original report should be forwarded to Human Resources and
copied to your Supervisor. -
Please note, Customer Care should also be copied when the act of violence is exhibited by a member of the
public and not someone who works for the City.
Page3of3
Cis 00 A
= A Response to Harassment Complaint
�--
ATTACHMENT 02 TO REPORT#_
PICKERING 17 aF 1-7 3
All complaints of workplace harassment will be held in confidence and will be disclosed only to the extent
necessary to investigate and resolve the complaint. It is the.City's expectation that the complainant, the
person against whom the,complaint is made, and any witnesses to the incident(s) will also maintain
confidentiality.
Respondent's Information
Last Name First Name
Date Position Title
Department Division Section
Choose an item. Choose an item. Choose an item.
Facility Immediate Non-Union Supervisor
Choose an item.
Name(s) of Complainant(s)
Last Name First Name
Department Division ' Section
Choose an item. Choose an item. ' Choose an item.
Address the Complaint ..
Include as much information fo the complaint as possible, including dates and times. Please respond to
each allegation contained in the complaint. (Attach extra pages if required).
Response ' .
List any individuals who may have information about the complaint, or who may have observed the
conduct in question. ' ..
Respondent's Signature Date
•
Page 1 of 1
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