Common use of Discrimination and Harassment Under the Human Rights Code Clause in Contracts

Discrimination and Harassment Under the Human Rights Code. (a) Purpose The Government of British Columbia, in cooperation with the Union, will promote a work environment that is free from harassment and discrimination where all employees are treated with respect and dignity. Discrimination and harassment relates to any of the prohibited grounds contained in the Human Rights Code. Prohibited conduct may be verbal, non-verbal, physical, deliberate or unintended, unsolicited or unwelcome, as determined by a reasonable person. It may be one incident or a series of incidents depending on the context. Employees have the right to employment without discrimination or harassment because of race; colour; ancestry; place of origin; religion; family status; marital status; physical disability; mental disability; sex; age; sexual orientation; political beliefs; and criminal or summary offense unrelated to their employment. Harassment does not include actions occasioned through exercising in good faith the Employer's managerial/supervisory rights and responsibilities. Protection against harassment extends to incidents occurring at or away from the workplace during or outside working hours provided the acts are committed within the course of the employment relationship. This Clause does not preclude an employee from filing a complaint under Section 8 of the Human Rights Code; however, an employee shall not be entitled to duplication of process. An employee making a complaint of harassment must choose to direct a complaint to either the BC Council of Human Rights or to the process specified in the Harassment Policy and Procedures. In either event a complaint of harassment shall not form the basis of a grievance. An employee who files a written complaint which would be seen by a reasonable person to be frivolous, vindictive or vexatious may be subject to disciplinary action. Disciplinary action taken may be grieved pursuant to Article 8.