Common use of Discrimination and Harassment Clause in Contracts

Discrimination and Harassment. All employees have the right to work in an environment free from all forms of harassment, including sexual harassment. DEFINITION Discrimination is perceived or actual behaviour and includes sexual harassment as a type of discrimination which, generally, is: a) Discriminatory in nature based on race, colour, age, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, gender, sexual orientation, Union or association membership, or because that person has been charged or convicted of a criminal offence that is unrelated to the position; and/or, b) Objectionable because the person committing such behaviour knows or ought to reasonably know that the behaviour creates an environment which is not conducive to work. For the purposes of paragraph 2.09 (b), objectionable behaviour includes, but is not limited to: i) Verbal abuse or threats; ii) Offensive remarks, jokes, innuendoes, or taunting; iii) Display of pornographic, racist, or other offensive or derogatory material; iv) Persistent unwelcome invitations or requests whether direct or indirect; v) Unwelcome physical contact such as touching, patting, pinching or punching; and, vi) Leering, badgering, or intimidating actions. Sexual Harassment is defined as unwelcome sexual advances, request for sexual favours, and other verbal, written, or physical conduct of a sexual nature when: vii) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; viii) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; ix) Such conduct interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Discrimination and Harassment. All employees have the right to work in an environment free from all forms of harassment, including sexual harassment. DEFINITION Discrimination is perceived or actual behaviour and includes sexual harassment as a type of discrimination which, generally, is: a) Discriminatory in nature based on race, colour, age, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, gender, sexual orientation, Union or association membership, or because that person has been charged or convicted of a criminal offence that is unrelated to the position; and/or, b) Objectionable because the person committing such behaviour knows or ought to reasonably know that the behaviour creates an environment which is not conducive to work. For the purposes of paragraph 2.09 (b), objectionable behaviour includes, but is not limited to: i) Verbal abuse or threats; ii) Offensive remarks, jokes, innuendoes, or taunting; iii) Display of pornographic, racist, or other offensive or derogatory material; iv) Persistent unwelcome invitations or requests whether direct or indirect; v) Unwelcome physical contact such as touching, patting, pinching or punching; and, vi) Leering, badgering, or intimidating actions. Sexual Harassment is defined as unwelcome sexual advances, request for sexual favours, and other verbal, written, or physical conduct of a sexual nature when: vii) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; viii) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; ix) Such conduct interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Discrimination and Harassment. All employees have the right to work in an environment free from all forms of harassment, including sexual harassment. DEFINITION Discrimination is perceived or actual behaviour and includes sexual harassment as a type of discrimination which, generally, is: a) Discriminatory discriminatory in nature based on race, colour, age, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, gender, sexual orientation, Union or association membership, or because that person has been charged or convicted of a criminal offence that is unrelated to the position; and/or, b) Objectionable objectionable because the person committing such behaviour knows or ought to reasonably know that the behaviour creates an environment which is not conducive to work. For the purposes of paragraph 2.09 (b), objectionable behaviour includes, but is not limited to: i) Verbal verbal abuse or threats; ii) Offensive offensive remarks, jokes, innuendoes, or taunting; iii) Display display of pornographic, racist, or other offensive or derogatory material; iv) Persistent persistent unwelcome invitations or requests whether direct or indirect; v) Unwelcome unwelcome physical contact contract such as touching, patting, pinching or punching; and, vi) Leeringleering, badgering, or intimidating actions. Sexual Harassment is defined as unwelcome sexual advances, request for sexual favours, and other verbal, written, or physical conduct of a sexual nature when: vii) Submission submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; viii) Submission submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; ix) Such such conduct interferes with an individual’s work performance or creates an intimidating, hostile or offensive defensive work environment.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Discrimination and Harassment. All employees have the right to work in an environment free from all forms of harassment, including sexual harassment. DEFINITION Discrimination is perceived or actual behaviour and includes sexual harassment as a type of discrimination which, generally, is: a) Discriminatory discriminatory in nature based on race, colour, age, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, gender, sexual orientation, Union or association membership, or because that person has been charged or convicted of a criminal offence that is unrelated to the position; and/or, b) Objectionable objectionable because the person committing such behaviour knows or ought to reasonably know that the behaviour creates an environment which is not conducive to work. For the purposes of paragraph 2.09 (b), objectionable behaviour includes, but is not limited to: i) Verbal verbal abuse or threats; ii) Offensive offensive remarks, jokes, innuendoes, or taunting; iii) Display display of pornographic, racist, or other offensive or derogatory material; iv) Persistent persistent unwelcome invitations or requests whether direct or indirect; v) Unwelcome unwelcome physical contact such as touching, patting, pinching or punching; and, and vi) Leeringleering, badgering, or intimidating actions. Sexual Harassment is defined as unwelcome sexual advances, request for sexual favours, and other verbal, written, or physical conduct of a sexual nature when: vii) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; viii) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; ix) Such conduct interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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Discrimination and Harassment. All employees have the (a) Every person who is an Employee has a right to work freedom from harassment in an environment free from all forms the workplace by the Employer or agent of harassment, including sexual harassment. DEFINITION Discrimination is perceived the Employer or actual behaviour and includes sexual harassment as a type between Employees because of discrimination which, generally, is: a) Discriminatory in nature based on race, colour, age, ancestry, place of origin, political beliefcolour, religionethnic origin, citizenship, creed, age, record of offence, marital status, family status, physical or mental disability, gender, sexual orientation, sex, same-sex partnership status, gender identity, gender expression, religion or Union affiliation. (b) Personal harassment is unsolicited behaviour, which is directed at or association membershipis offensive to another individual. It includes demands, threats, gestures, innuendo, remarks, slurs and taunting, which could be based on any proscribed condition as set out [above]. (c) Sexual harassment is a type of personal harassment which has a sexual purpose or because that person has been charged or convicted is of a criminal offence sexual nature including sexual assault, verbal threats or abuse, unwanted touching or patting, leering, advances, repeated sexual flirtation, propositions, sexual suggestive gestures, verbal threats or abuse, sexist jokes causing embarrassment, displaying sexually offensive material, derogatory or degrading remarks directed towards members of one sex or one sexual preference group, and inquiries about a person's sex life. (d) Workplace harassment is prohibited in any form. All members should be conscious of any behaviour such as that is unrelated to the position; and/or, b) Objectionable because the person committing such behaviour knows or ought to reasonably know that the behaviour creates an environment which is not conducive to work. For the purposes of paragraph 2.09 described in 9.03 (a), (b), objectionable behaviour includes, but is not limited to: i) Verbal abuse or threats; ii) Offensive remarks, jokes, innuendoesand(c), or taunting; iii) Display which degrades another person. Workplace harassment can also be in the form of pornographicexclusion, racistposters, cartoons, or other offensive or derogatory material;email forums. iv(e) Persistent unwelcome invitations or requests whether direct or indirect; v) Unwelcome physical contact such as touching, patting, pinching or punching; and, vi) Leering, badgering, or intimidating actions. Sexual Joint Anti-Harassment is defined as unwelcome sexual advances, request for sexual favours, Policy and other verbal, written, or physical conduct of a sexual nature when: vii) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; viii) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; ix) Such conduct interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.Procedures see Appendix B.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discrimination and Harassment. All employees have The parties hereto subscribe to the principles of the Human Rights Act of British Columbia. Neither the Union nor the Employer in carrying out their obligations under this Agreement shall discriminate on the grounds of race, colour, age, creed, sex, religion, martial status, or national origin. The Parties recognize the right of the employees to work in an environment free from all forms of harassment, including sexual harassment. DEFINITION Discrimination The Employer, in cooperation with the Union, will promote a work environment that is perceived or actual behaviour free from harassment where all employees are treated with respect and includes sexual dignity. (a) Sexual Harassment (1) Sexual harassment as a type is one form of discrimination which, generally, is: a) Discriminatory in nature based on race, colour, age, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, genderand is defined as any unwanted sexual attention, sexual orientation, Union or association membershipsolicitation, or because that other sexually oriented remarks or behaviour made by a person has been charged or convicted of a criminal offence that is unrelated to the position; and/or, b) Objectionable because the person committing such behaviour group who knows or ought reasonably to reasonably know that the behaviour creates an environment which such attention or solicitation is not conducive to workunwanted. For the purposes Examples of paragraph 2.09 (b), objectionable behaviour includessexual harassment include, but is are not limited to: (i) Verbal abuse or threats; ii) Offensive remarks, jokes, innuendoes, or taunting; iii) Display of pornographic, racist, or other offensive or derogatory material; iv) Persistent unwelcome invitations or requests whether direct or indirect; v) Unwelcome physical contact such as touching, patting, pinching or punching; and, vi) Leering, badgering, or intimidating actions. Sexual Harassment is defined as unwelcome When submission to sexual advances, request for sexual favours, and other verbal, written, or physical conduct of a sexual nature when: vii) Submission to such conduct is made activity becomes either explicitly or implicitly a term or condition of employment or in return for being hired or receiving promotions or other employment benefits; (ii) When submission to or rejection of such conduct is used as a basis for employment; (iii) When such conduct has the purpose or effect of interfering with an individual’s employment; viii(iv) Submission to or rejection of When such conduct by an individual is used as the basis for employment decisions affecting such individual; ix) Such conduct interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environmentworking environment for employees; (2) Sexual harassment may occur between people, both individually and in groups, of the same or different status within the workplace, and both women and men may be the subject of sexual harassment by members of either sex. Thus, sexual harassment may occur in a variety of ways; for example, sexual harassment of any employee by an employee. Behaviour not directed toward soliciting sexual activity may also be considered sexual harassment. Such behaviours include but are not limited to: (i) inappropriate sexually suggestive language, innuendoes, jokes, body language, leering, unwanted touching; (ii) persistent unwanted questions or comments of a sexual nature; (iii) inappropriate display of sexual pictures or materials; (iv) physical threat, physical assault, and physical intimidation, including unwanted touching. (3) While sexual harassment may occur around the study of topics of a sexual nature within itself is not considered harassment. (4) Employee allegedly being harassed may register their complaint in writing, in accordance with the Principles and Procedures for the Reporting, Investigation and Resolution of Sexual Harassment complaints. (5) Should the employee who filed the complaint not be satisfied with the results of the Employer’s investigation, the employee may file a grievance at Step 2 of the grievance procedure under Article 8.3. (6) Employees involved in the handling of a complaint shall hold in the strictest confidence all information of which they become aware; however, it is recognized that various officials of the Union and the Employer will be made aware of all or part of the proceedings on a “need to know” basis.

Appears in 1 contract

Samples: Collective Agreement

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