ANTI DISCRIMINATION AND ANTI HARASSMENT. 4.01 The Employer and the Union agree that there shall be no discrimination, harassment, violence, interference, restriction, or coercion exercised or practiced with respect to any member of the bargaining unit in any matter concerning working conditions, or the application of the provisions of this Agreement by reason of any of the prohibited grounds listed in the Ontario Human Rights Code (age, race, creed, colour, ethnic origin, record of offences, citizenship, ancestry, disability, sex, marital status, sexual orientation, gender identity, gender expression, family status, place of origin), religious or political affiliations or beliefs, or by reason of their membership or non-membership in the Union, or by the Employee's exercise of any right or provision under this Agreement. The University has a duty to provide a reasonable accommodation up to the point of undue hardship. Accommodations shall be made pursuant to the Ontario Human Rights Code. 4.02 The Employer and the Union recognize the rights of Employees to work in an environment free from harassment and violence, and acknowledge their responsibilities to take all reasonable and appropriate actions to xxxxxx such an environment. (a) Harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Harassment can be psychological, verbal, or physical or it can be a combination of these. It is any behaviour, whether deliberate or negligent, that denies individuals their dignity and respect, is offensive, embarrassing, or humiliating to the individual, and adversely affects the working environment. Harassment is behaviour that typically persists over time, but serious one-time incidents may be considered harassment. Harassment includes but is not limited to: harassment based on gender, race, ethnicity, religion, age, disability, sexual orientation, as well as, sexual harassment and personal/workplace harassment whether or not it is based on the prohibited grounds outlined in the Human Rights Code. Harassment may also take the form of excluding an Employee from rights or privileges related to their employment and to which they are otherwise entitled. (b) Workplace sexual harassment is defined as: (i) engaging in a course of vexatious comment or conduct against a worker in a workplace because of their sex, sexual orientation, gender identity, or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome; or (ii) making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome;
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
ANTI DISCRIMINATION AND ANTI HARASSMENT. 4.01 The Employer and the Union agree that there shall be no discrimination, harassment, violence, interference, restriction, or coercion exercised or practiced with respect to any member of the bargaining unit in any matter concerning working conditions, or the application of the provisions of this Agreement by reason of any of the prohibited grounds listed in the Ontario Human Rights Code (age, race, creed, colour, ethnic origin, record of offences, citizenship, ancestry, disability, sex, marital status, sexual orientation, gender identity, gender expression, family status, place of origin), religious or political affiliations or beliefs, or by reason of their membership or non-membership in the Union, or by the Employeeemployee's exercise of any right or provision under this Agreement. The University has A right of a duty to provide a reasonable accommodation up to person under this Article is not infringed for the point reason only that the person is incapable of undue hardshipperforming or fulfilling the essential duties or requirements of the job because of disability. Accommodations Where practicable, attempts shall be made pursuant to adjust employment requirements to accommodate the Ontario Human Rights Codeperson's disability.
4.02 The Employer and the Union recognize the rights of Employees employees to work in an environment free from harassment and violence, and acknowledge their responsibilities to take all reasonable and appropriate actions to xxxxxx such an environment. The parties formally recognize their obligations under the Ontario Occupational Health and Safety Act and Ministry of Training, Colleges and Universities Act, in particular with relation to the prevention of sexual violence or sexual harassment in the workplace.
(a) Harassment includes, but is not limited to, sexual harassment, gender harassment, racial and ethnic harassment, and personal/workplace harassment whether or not it is based on the prohibited grounds outlined in the Human Rights Code. Harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Harassment can be psychological, verbal, verbal or physical or it can be a combination of these. It is any behaviour, whether deliberate or negligent, that which denies individuals their dignity and respect, is offensive, embarrassing, embarrassing or humiliating to the individual, and adversely affects the working environment. Harassment is behaviour that typically persists over time, but serious one-time incidents It may be considered harassment. Harassment includes but is not limited to: harassment based on gender, race, ethnicity, religion, age, disability, sexual orientation, as well as, sexual harassment and personal/workplace harassment whether or not it is based on the prohibited grounds outlined in the Human Rights Code. Harassment may also take the form of excluding an Employee employee from rights or privileges related to their employment and to which they are otherwise entitled.
(b) Workplace sexual harassment is defined as:
(i) i. engaging in a course of vexatious comment or conduct against a worker in a workplace because of their sex, sexual orientation, gender identity, identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome; , or
(ii) . making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome;
c) Sexual violence means any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person’s consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation.
4.03 Harassment does not include:
a) Interpersonal conflict or disagreement;
b) The proper exercise of management’s rights;
c) Performance management;
d) Operational directives;
e) Job assignments; or
f) Inadvertent management errors.
4.04 The Employer and the Union recognize the right of individuals to determine their own gender identity, including the right to have stated pronouns respected and used in the workplace, subject to the limitations of the University’s technological capacity. Employees shall not face discrimination or harassment for determining or expressing their gender identity or pronouns.
Appears in 1 contract
Samples: Collective Agreement
ANTI DISCRIMINATION AND ANTI HARASSMENT. 4.01 The Employer and the Union agree that there shall be no discrimination, harassment, violence, interference, restriction, or coercion exercised or practiced with respect to any member of the bargaining unit in any matter concerning working conditions, or the application of the provisions of this Agreement by reason of any of the prohibited grounds listed in the Ontario Human Rights Code (age, race, creed, colour, ethnic origin, record of offences, citizenship, ancestry, disability, sex, marital status, sexual orientation, gender identity, gender expression, family status, place of origin), religious or political affiliations or beliefs, or by reason of their membership or non-membership in the Union, or by the Employeeemployee's exercise of any right or provision under this Agreement. The University has A right of a duty to provide a reasonable accommodation up to person under this Article is not infringed for the point reason only that the person is incapable of undue hardshipperforming or fulfilling the essential duties or requirements of the job because of disability. Accommodations Where practicable, attempts shall be made pursuant to adjust employment requirements to accommodate the Ontario Human Rights Codeperson's disability.
4.02 The Employer and the Union recognize the rights of Employees employees to work in an environment free from harassment and violence, and acknowledge their responsibilities to take all reasonable and appropriate actions to xxxxxx such an environment. The parties formally recognize their obligations under the Ontario Occupational Health and Safety Act and Ministry of Training, Colleges and Universities Act, in particular with relation to the prevention of sexual violence or sexual harassment in the workplace.
(a) Harassment includes, but is not limited to, sexual harassment, gender harassment, racial and ethnic harassment, and personal/workplace harassment whether or not it is based on the prohibited grounds outlined in the Human Rights Code. Harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Harassment can be psychological, verbal, verbal or physical or it can be a combination of these. It is any behaviour, whether deliberate or negligent, that which denies individuals their dignity and respect, is offensive, embarrassing, embarrassing or humiliating to the individual, and adversely affects the working environment. Harassment is behaviour that typically persists over time, but serious one-time incidents It may be considered harassment. Harassment includes but is not limited to: harassment based on gender, race, ethnicity, religion, age, disability, sexual orientation, as well as, sexual harassment and personal/workplace harassment whether or not it is based on the prohibited grounds outlined in the Human Rights Code. Harassment may also take the form of excluding an Employee employee from rights or privileges related to their employment and to which they are otherwise entitled.
(b) Workplace sexual harassment is defined as:
(i) i. engaging in a course of vexatious comment or conduct against a worker in a workplace because of their sex, sexual orientation, gender identity, identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome; , or
(ii) . making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome;
c) Sexual violence means any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person’s consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation.
4.03 Harassment does not include:
a) Interpersonal conflict or disagreement;
b) The proper exercise of management’s rights;
c) Performance management;
d) Operational directives;
e) Job assignments; or
f) Inadvertent management errors.
4.04 The Employer and the Union recognize the right of individuals to determine their own gender identity, including the right to have stated pronouns respected and used in the workplace, subject to the limitations of the University’s technological capacity. Employees shall not face discrimination or harassment for determining or expressing their gender identity or pronouns.
4.05 Complaint Process
a) The Employer and the Union agree that all employees of the University are responsible to adhere to the University’s policies on human rights as well as those on the prevention of workplace violence, workplace harassment, sexual violence and sexual harassment.
b) Any complaint of harassment may also be grieved using the procedures set out in Article 10 of the Collective Agreement. Grievances will be held in abeyance until such time as the process initiated by the employee in the appropriate policy has been completed.
c) Where the respondent to the complaint is the person who would normally deal with any of the steps of the grievance, the grievance shall automatically be sent forward to the next step.
d) A copy of the following documents shall be retained on the University website: • Carleton University’s Human Rights Policies and Procedures (including such Discrimination and Harassment Policies as the Sexual Harassment Prevention Policy at Part IV s.4); • Carleton’s Workplace Harassment Prevention Policy; • Carleton’s Workplace Harassment Prevention Program; • Carleton’s Workplace Violence Prevention Policy; • Carleton’s Workplace Violence Prevention Program; • Carleton’s Environmental Health and Safety Policy; • Carleton’s Sexual Violence Policy. The Employer will ensure that the above documents are electronically provided to the Union office.
e) All matters arising from this Article will be administered in accordance with the University’s Access to Information and Privacy Policy, as amended from time to time, the Freedom of Information and Protection of Privacy Act (FIPPA) and the University’s Sexual Violence Policy (where appropriate), as amended from time to time.
4.06 The parties agree that some circumstances involving allegations of discrimination or harassment warrant separation of the complainant and alleged harasser. The complainant may request such a separation in accordance with the appropriate policy listed in Article 4.5 (d).
a) On receipt of a complaint of sexual and/or gender harassment, the Employer will advise any involved employee of their right to Union representation at any stage of the complaint. The Employer will follow University Policies and Procedures to address the complaint.
b) If an employee, supported by the Union, chooses not to pursue a complaint through Carleton University’s Sexual Violence Policy and instead seeks an informal resolution with the respondent, the Employer will, where possible, facilitate this process in cooperation with the Union.
4.08 Employees are entitled to Domestic or Sexual Violence Leave in accordance with the Employment Standards Act, 2000, S.O. 2000, c.41 as amended from time to time. Such leaves will be granted without regard to the statutory 13-week service requirement.
4.09 The Employer will provide awareness training on domestic and sexual violence and its impacts on the workplace to all employees.
Appears in 1 contract
Samples: Collective Agreement
