Common use of No Discrimination and No Harassment Clause in Contracts

No Discrimination and No Harassment. 7.01 The University and the Union agree that there will be no discrimination, harassment, interference, restriction, intimidation or coercion with respect to any Graduate Assistant regarding the terms or conditions of her or his employment by reason of race; religion; religious creed; political opinion; political activity; colour or ethnic, national or social origin; sex; pregnancy; sexual orientation; gender identity; marital status; family status; physical disability or mental disability; disfigurement; source of income; age; except as may be permitted by the Human Rights Act, 2010 c. H-13.1, as amended, nor by reason of membership or non-membership in the Union, nor by reason of language (except where the lack of language competence would clearly prevent the carrying out of required duties). While the parties agree not to discriminate on the basis of place of residence, a Graduate Assistant who chooses to reside in a location which predictably interferes with the discharge of his or her responsibilities may not cite this clause as a defence against disciplinary action resulting from that failure to discharge his or her responsibilities. 7.02 The University and the Union acknowledge the legal duty to accommodate any Graduate Assistant regarding the terms and conditions of his or her employment up to the point of undue hardship in accordance with the Human Rights Act, 2010 c. H-13.1, as amended. 7.03 In situations where an accommodation is required pursuant to clause 7.02 regarding the terms or conditions of any Graduate Assistant’s employment, the University, Union and Graduate Assistant shall meet to explore reasonable accommodation. 7.04 The University has a responsibility to provide a workplace and learning environment that is free of sexual and personal harassment. 7.05 The parties agree that the Union shall be entitled to representation on the Sexual Harassment Board. 7.06 A Graduate Assistant alleging that he or she has been personally harassed may file a complaint in accordance with the University’s Respectful Workplace Policy and/or may file a grievance in accordance with the Grievance Procedure. 7.07 A Graduate Assistant alleging that he or she has been sexually harassed shall pursue the matter in accordance with the University-Wide Procedures for Sexual Harassment Concerns and Complaints. This shall not preclude a Graduate Assistant from filing a grievance in accordance with the Grievance Procedure. 7.08 A Graduate Assistant who is disciplined under the University-Wide Procedures for Sexual Harassment Concerns and Complaints shall have the right to grieve such discipline under the Grievance Procedure.

No Discrimination and No Harassment. 7.01 The University and the Union agree that there will be no discrimination, harassment, interference, restriction, intimidation or coercion with respect to any Graduate Assistant Per Course Instructor regarding the terms or conditions of her or his employment by reason of race; religion; religious creed; political opinion; political activity; colour or ethnic, national or social origin; sex; pregnancy; sexual orientation; gender identity; marital status; family status; physical disability or mental disability; disfigurement; source of income; age; except as may be permitted by the Human Rights ActCode R.S.N.L. 1990, 2010 c. H-13.1H-14, as amended, nor by reason of membership or non-membership in the Union, nor by reason of language (except where the lack of language competence would clearly prevent the carrying out of required duties). While the parties agree not to discriminate on the basis of place of residence, a Graduate Assistant Per Course Instructor who chooses to reside in a location which predictably interferes with the discharge of his or her responsibilities may not cite this clause as a defence against disciplinary action resulting from that failure to discharge his or her responsibilities. 7.02 The University and the Union acknowledge the legal duty to accommodate any Graduate Assistant Per Course Instructor regarding the terms and conditions of his or her employment up to the point of undue hardship in accordance with the Human Rights ActCode R.S.N.L. 1990, 2010 c. H-13.1H-14, as amended. 7.03 In situations where an accommodation is required pursuant to clause 7.02 regarding the terms or conditions of any Graduate AssistantPer Course Instructor’s employment, the University, Union and Graduate Assistant Per Course Instructor shall meet to explore reasonable accommodation. 7.04 The University has a responsibility to provide a workplace and learning environment that is free of sexual and personal harassment. 7.05 The parties agree that the Union shall be entitled to representation on the Respectful Workplace Advisory Committee and the Sexual Harassment Board. 7.06 A Graduate Assistant Per Course Instructor alleging that he or she has been personally harassed may file a complaint in accordance with the University’s Respectful Workplace Policy and/or may file a grievance in accordance with the Article 17 – Grievance Procedure. 7.07 A Graduate Assistant Per Course Instructor alleging that he or she has been sexually harassed shall pursue the matter in accordance with the University-Wide Procedures for Sexual Harassment Concerns and Complaints. This shall not preclude a Graduate Assistant Per Course Instructor from filing a grievance in accordance with the Article 17 – Grievance Procedure. 7.08 A Graduate Assistant who is disciplined under the University-Wide Procedures for Sexual Harassment Concerns and Complaints shall have the right to grieve such discipline under the Grievance Procedure.

No Discrimination and No Harassment. 7.01 The University and the Union agree that there will be no discrimination, harassment, interference, restriction, intimidation or coercion with respect to any Graduate Assistant Per Course Instructor regarding the terms or conditions of her or his employment by reason of race; religion; religious creed; political opinion; political activity; colour or ethnic, national or social origin; sex; pregnancy; sexual orientation; gender identity; marital status; family status; physical disability or mental disability; disfigurement; source of income; age; except as may be permitted by the Human Rights Act, 2010 c. H-13.1, as amended, nor by reason of membership or non-non- membership in the Union, nor by reason of language (except where the lack of language competence would clearly prevent the carrying out of required duties). While the parties agree not to discriminate on the basis of place of residence, a Graduate Assistant Per Course Instructor who chooses to reside in a location which predictably interferes with the discharge of his or her responsibilities may not cite this clause as a defence against disciplinary action resulting from that failure to discharge his or her responsibilities. 7.02 The University and the Union acknowledge the legal duty to accommodate any Graduate Assistant Per Course Instructor regarding the terms and conditions of his or her employment up to the point of undue hardship in accordance with the Human Rights Act, 2010 c. H-13.1, as amended. 7.03 In situations where an accommodation is required pursuant to clause 7.02 regarding the terms or conditions of any Graduate AssistantPer Course Instructor’s employment, the University, Union and Graduate Assistant Per Course Instructor shall meet to explore the required reasonable accommodation. 7.04 The University has a responsibility to provide a workplace and learning environment that is free of sexual and personal harassment. 7.05 The parties agree that the Union shall be entitled to representation on the Sexual Harassment Board. 7.06 A Graduate Assistant Per Course Instructor alleging that he or she has been personally harassed may file a complaint in accordance with the University’s Respectful Workplace Policy and/or may file a grievance in accordance with the Article 17 – Grievance Procedure. 7.07 A Graduate Assistant Per Course Instructor alleging that he or she has been sexually harassed shall pursue the matter in accordance with the University-Wide Procedures for Sexual Harassment Concerns and Complaints. This shall not preclude a Graduate Assistant from filing a grievance in accordance with the Grievance Procedure. 7.08 A Graduate Assistant who is disciplined under the University-Wide Procedures for Sexual Harassment Concerns and Complaints shall have the right to grieve such discipline under the Grievance Procedure.Sexual

No Discrimination and No Harassment. 7.01 The University and the Union agree that there will be no discrimination, harassment, interference, restriction, intimidation or coercion with respect to any Graduate Assistant regarding the terms or conditions of her or his their employment by reason of race; religion; religious creed; political opinion; political activity; colour or ethnic, national or social origin; sex; pregnancy; sexual orientation; gender identity; gender expression; marital status; family status; physical disability or mental disability; disfigurement; source of income; age; except as may be permitted by the Human Rights Act, 2010 c. H-13.1, as amended, nor by reason of membership or non-membership in the Union, nor by reason of language (except where the lack of language competence would clearly prevent the carrying out of required duties). While the parties agree not to discriminate on the basis of place of residence, a Graduate Assistant who chooses to reside in a location which predictably interferes with the discharge of his or her their responsibilities may not cite this clause as a defence defense against disciplinary action resulting from that failure to discharge his or her their responsibilities. 7.02 The University and the Union acknowledge the legal duty to accommodate any Graduate Assistant regarding the terms and conditions of his or her their employment up to the point of undue hardship in accordance with the Human Rights Act, 2010 c. H-13.1, as amended. 7.03 In situations where an accommodation is required pursuant to clause Clause 7.02 regarding the terms or conditions of any Graduate Assistant’s employment, the University, Union and Graduate Assistant shall meet to explore reasonable accommodation. 7.04 The University has a responsibility to provide a workplace and learning environment that is free of sexual and personal harassment. 7.05 The parties agree that the Union shall be entitled to representation on the Sexual Harassment Board. 7.06 A Graduate Assistant alleging that he or she has they have been personally harassed may file a complaint in accordance with the University’s Respectful Workplace Policy and/or may file a grievance in accordance with the Grievance Procedure. The timeline for initiating a grievance under this article shall be up to twelve (12) months after the event(s) giving rise to the matter. Such grievances shall be initiated at Step 2. 7.07 A Graduate Assistant alleging that he or she has they have been sexually harassed shall pursue the matter in accordance with the University-Wide Procedures for Sexual Harassment Concerns and Complaints. This shall not preclude a Graduate Assistant from filing a grievance in accordance with the Grievance Procedure. 7.08 A Graduate Assistant who is disciplined under the University-Wide Procedures for Sexual Harassment Concerns and Complaints shall have the right to grieve such discipline under the Grievance Procedure.

No Discrimination and No Harassment. 7.01 The University and the Union agree that there will ‌ 5.1 There shall be no discrimination, harassment, interference, restriction, intimidation restriction or coercion exercised or practiced with respect to any Graduate Assistant regarding the Employee in regard to terms or conditions of her employment for reasons of: a) ancestry, including colour and perceived race; b) nationality or his employment by reason national origin; c) ethnic background or origin; d) religion or creed, or religious belief, religious association or religious activity; e) age; f) sex, including sex-determined characteristics or circumstances, such as pregnancy, the possibility of race; religion; religious creed; political opinion; political activity; colour pregnancy, or ethniccircumstances related to pregnancy; g) gender, national gender identity, or social origin; sex; pregnancy; gender expression; h) sexual orientation; gender identity; ; i) marital status; or family status; physical disability or mental disability; disfigurement; ; j) source of income; k) political belief, political association or political activity; l) physical or mental disability or related characteristics or circumstances, including reliance on a service animal, a wheelchair, or any other remedial appliance or device; m) social disadvantage; age; except as may be permitted by the Human Rights Act, 2010 c. H-13.1, as amended, nor by reason of and n) membership or non-membership activities in the Union; o) or any other applicable characteristics as set out in the Manitoba Human Rights Code. 5.2 Further, nor by reason of language (except where as set out in the lack of language competence would clearly prevent the carrying out of required duties). While Code, the parties agree not that there shall be no discrimination with respect to discriminate on any aspect of an employment or occupation, unless the basis of place of residence, discrimination is based upon a Graduate Assistant who chooses to reside in a location which predictably interferes with bona fide and reasonable requirement or qualification for the discharge of his employment or her responsibilities may not cite this clause as a defence against disciplinary action resulting from that failure to discharge his or her responsibilitiesoccupation. 7.02 5.3 The University and the Union acknowledge the legal duty to accommodate any Graduate Assistant regarding the terms and conditions of his or her employment up to the point of undue hardship in accordance with the Human Rights Act, 2010 c. H-13.1, as amended. 7.03 In situations where an accommodation is required pursuant to clause 7.02 regarding the terms or conditions of any Graduate Assistant’s employment, the University, Union and Graduate Assistant shall meet to explore reasonable accommodation. 7.04 The University Employer has a responsibility to provide a workplace and learning environment that is free of sexual harassment on grounds that are prohibited by The Human Rights Code, the Workplace Safety and personal harassmentHealth Act, as amended from time to time, and Clause 5.1. The Parties undertake to ensure that no form of harassment or abuse of authority is tolerated in the workplace. 7.05 5.4 The parties agree acknowledge that the Employer has a duty to make reasonable accommodation and the Union shall be entitled has an obligation to representation on assist in that accommodation, consistent with the Sexual Harassment BoardThe Manitoba Human Rights Code. 7.06 A Graduate Assistant alleging 5.5 Employees have a duty not to harass or discriminate as defined in legislation and in the University of Winnipeg Respectful Working and Learning Environment Policy and the University of Winnipeg Sexual Violence Prevention Policy, and shall not behave in a manner that he produces, contributes to, or she has been personally harassed perpetuates a learning or working environment that tolerates harassment or discrimination. 5.6 An Employee may file submit a formal complaint of harassment or discrimination in accordance with procedures established by the University’s Employer in the University of Winnipeg Respectful Workplace Working and Learning Environment Policy and/or or the University of Winnipeg Sexual Violence Prevention Policy. However, if an Employee wishes to address the matter in accordance with Article 24 – Grievance Procedure and Arbitration, they may choose to do so instead of filing a formal complaint. An Employee may also file a grievance following the conclusion of the policy process to address issues of procedural fairness. 5.7 Should the University determine that the relevant policy listed in Clause 5.6 does not apply, the Employee may file a grievance in accordance with the Grievance ProcedureArticle 24. 7.07 A Graduate Assistant alleging that he 5.8 The Employer shall advise an Employee who is a complainant or she has been sexually harassed shall pursue respondent of their right to union representation throughout the matter in accordance with the University-Wide Procedures for Sexual Harassment Concerns and Complaints. This shall not preclude a Graduate Assistant from filing a grievance in accordance with the Grievance Procedureprocess. 7.08 A Graduate Assistant who is disciplined 5.9 The protection from discrimination and harassment includes the protection from retaliation for an Employee having taken action under the University-Wide Procedures relevant policy or the grievance procedure, or for Sexual Harassment Concerns and Complaints shall have the right assisting a complainant or grievor in taking action, or for acting as a witness or advocate on behalf of an Employee in a legal or other proceeding to grieve such discipline under the Grievance Procedureobtain a remedy for discrimination or harassment.

No Discrimination and No Harassment. 7.01 The University and the Union agree that there will 10.01 There shall be no discrimination, harassment, interference, restriction, intimidation restriction or coercion exercised or practiced with respect to any Graduate Assistant regarding the Employee in regard to terms or conditions of her employment for reasons of age, race or his employment by reason of perceived race; , ancestry, religion; , religious belief or association or activity, creed; political opinion; political activity; colour or ethnic, colour, nationality, national origin, citizenship (except as required by federal law pertaining to immigration), ethnic background or social origin; , political affiliation or belief or activity, sex; pregnancy; , gender, gender expression or identity, sexual orientation; gender identity; , marital status; or family status; physical disability or mental disability; disfigurement; , source of income; age; except , personal life-style, physical or mental disability or related characteristics, social disadvantage, or membership or activities in the Union or any other applicable characteristic as may be permitted by set out in the Manitoba Human Rights Act, 2010 c. H-13.1, Code. 10.02 Further as amended, nor by reason of membership or non-membership set out in the UnionCode, nor by reason of language (except where the lack of language competence would clearly prevent the carrying out of required duties). While the parties agree not that there shall be no discrimination with respect to discriminate on any aspect of an employment or occupation, unless the basis of place of residence, discrimination is based upon a Graduate Assistant who chooses to reside in a location which predictably interferes with bona fide and reasonable requirement or qualification for the discharge of his employment or her responsibilities may not cite this clause as a defence against disciplinary action resulting from that failure to discharge his or her responsibilitiesoccupation. 7.02 10.03 There shall be no harassment in the workplace. There are two types of harassment. The University and first is based on prohibitive ground as defined by the Union acknowledge the legal duty to accommodate any Graduate Assistant regarding the terms and conditions of his or her employment up to the point of undue hardship in accordance with the Manitoba Human Rights Act, 2010 c. H-13.1, Code such as amendedsexual harassment. The second is Personal Harassment which is also referred to as “bullying” that may involve repeated humiliation or intimidation that adversely affects a worker’s psychological or physical well-being. 7.03 In situations where 10.04 Complaints of harassment and discrimination may be handled through procedures as set out in the Xxxxxxx University Discrimination and Harassment Prevention Policy and Procedures, and Sexualized Violence Prevention Policy and Procedures. However, an accommodation is required pursuant to clause 7.02 regarding the terms or conditions of any Graduate Assistant’s employment, the University, Union and Graduate Assistant shall meet to explore reasonable accommodation. 7.04 The University has a responsibility to provide a workplace and learning environment that is free of sexual and personal harassment. 7.05 The parties agree that the Union shall be entitled to representation on the Sexual Harassment Board. 7.06 A Graduate Assistant alleging that he or she has been personally harassed Employee may file a complaint in accordance with the University’s Respectful Workplace Policy and/or may file a grievance in accordance with the Grievance Procedure. 7.07 A Graduate Assistant alleging that he or she has been sexually harassed shall pursue also address the matter in accordance with the University-Wide Procedures for Sexual Harassment Concerns and Complaints. This shall not preclude a Graduate Assistant from filing a grievance in accordance with the Article 17 – Grievance Procedure. In this event, the Union may choose to do so at Step 2. Both processes may run concurrently. 7.08 A Graduate Assistant who is disciplined under the University-Wide Procedures for Sexual Harassment Concerns and Complaints shall have 10.05 The Union retains the right to grieve such discipline at Step 2 once the process in sub- clause 10.04 has been exhausted. 10.06 No grievance shall be submitted to any Employer Representative who is the subject of the grievance under this Article. 10.07 This article does not preclude any Employment Equity measures agreed to by the Grievance Procedureparties or required by law. 10.08 The parties acknowledge that the Employer has a duty to accommodate and the Union has an obligation to assist in that accommodation, consistent with the Manitoba Human Rights Act and the evolving jurisprudence. In situations where an Employee requires an accommodation, the Employer, the Union and the Employee shall meet and make every reasonable effort to reach the required resolution.

No Discrimination and No Harassment. 7.01 The University and the Union agree that there will be no discrimination, harassment, interference, restriction, intimidation or coercion with respect to any Graduate Assistant Postdoctoral Fellow regarding the terms or conditions of her or his employment by reason of race; religion; religious creed; political opinion; political activity; colour or ethnic, national or social origin; sex; pregnancy; sexual orientation; gender identity; marital status; family status; physical disability or mental disability; disfigurement; source of income; age; except as may be permitted by the Human Rights ActXxx, 2010 0000, c. H-13.1, as amended, nor by reason of membership or non-membership in the Union, nor by reason of language (except where the lack of language competence would clearly prevent the carrying out of required duties). While the parties agree not to discriminate on the basis of place of residence, a Graduate Assistant Postdoctoral Fellow who chooses to reside in a location which predictably interferes with the discharge of his or her responsibilities may not cite this clause as a defence defense against disciplinary action resulting from that failure to discharge his or her responsibilities. 7.02 The University and the Union acknowledge the legal duty to accommodate any Graduate Assistant Postdoctoral Fellow regarding the terms and conditions of his or her employment up to the point of undue hardship in accordance with the Human Rights Act, 2010 c. H-13.1, as amended. 7.03 In situations where an accommodation is required pursuant to clause 7.02 regarding the terms or conditions of any Graduate AssistantPostdoctoral Fellow’s employment, the University, Union and Graduate Assistant Postdoctoral Fellow shall meet to explore the required reasonable accommodation. 7.04 The University has a responsibility to provide a workplace and learning environment that is free of sexual and personal harassment. 7.05 The parties agree that the Union shall be entitled to representation on the Sexual Harassment Board. 7.06 A Graduate Assistant Postdoctoral Fellow alleging that he or she has been personally harassed may file a complaint in accordance with the University’s Respectful Workplace Policy and/or may file a grievance in accordance with the Article 18 - Grievance Procedure. 7.07 A Graduate Assistant Postdoctoral Fellow alleging that he or she has been sexually harassed shall pursue the matter in accordance with the University-Wide Procedures for Sexual Harassment Concerns Complaints and ComplaintsConcerns. This shall not preclude a Graduate Assistant Postdoctoral Fellow from filing a grievance in accordance with the Grievance Procedure. 7.08 A Graduate Assistant who is disciplined under the UniversityArticle 18 -Wide Procedures for Sexual Harassment Concerns and Complaints shall have the right to grieve such discipline under the Grievance Procedure.

No Discrimination and No Harassment. 7.01 The University and the Union agree that there will 10.01 There shall be no discrimination, harassment, interference, restriction, intimidation restriction or coercion exercised or practiced with respect to any Graduate Assistant regarding the Employee in regard to terms or conditions of her employment for reasons of age, race or his employment by reason of perceived race; , ancestry, religion; , religious belief or association or activity, creed; political opinion; political activity; colour or ethnic, colour, nationality, national origin, citizenship (except as required by federal law pertaining to immigration), ethnic background or social origin; , political affiliation or belief or activity, sex; pregnancy; , gender, gender expression or identity, sexual orientation; gender identity; , marital status; or family status; physical disability or mental disability; disfigurement; , source of income; age; except , personal life-style, physical or mental disability or related characteristics, social disadvantage, or membership or activities in the Union or any other applicable characteristic as may be permitted by set out in the Manitoba Human Rights Act, 2010 c. H-13.1, Code. 10.02 Further as amended, nor by reason of membership or non-membership set out in the UnionCode, nor by reason of language (except where the lack of language competence would clearly prevent the carrying out of required duties). While the parties agree not that there shall be no discrimination with respect to discriminate on any aspect of an employment or occupation, unless the basis of place of residence, discrimination is based upon a Graduate Assistant who chooses to reside in a location which predictably interferes with bona fide and reasonable requirement or qualification for the discharge of his employment or her responsibilities may not cite this clause as a defence against disciplinary action resulting from that failure to discharge his or her responsibilitiesoccupation. 7.02 10.03 There shall be no harassment in the workplace. There are two types of harassment. The University and first is based on prohibitive ground as defined by the Union acknowledge the legal duty to accommodate any Graduate Assistant regarding the terms and conditions of his or her employment up to the point of undue hardship in accordance with the Manitoba Human Rights Act, 2010 c. H-13.1, Code such as amendedsexual harassment. The second is Personal Harassment which is also referred to as “bullying” that may involve repeated humiliation or intimidation that adversely affects a worker's psychological or physical well-being. 7.03 In situations where 10.04 Complaints of harassment and discrimination may be handled through procedures as set out in the Xxxxxxx University Discrimination and Harassment Prevention Policy and Procedures, and Sexualized Violence Prevention Policy and Procedures. However, an accommodation is required pursuant to clause 7.02 regarding the terms or conditions of any Graduate Assistant’s employment, the University, Union and Graduate Assistant shall meet to explore reasonable accommodation. 7.04 The University has a responsibility to provide a workplace and learning environment that is free of sexual and personal harassment. 7.05 The parties agree that the Union shall be entitled to representation on the Sexual Harassment Board. 7.06 A Graduate Assistant alleging that he or she has been personally harassed Employee may file a complaint in accordance with the University’s Respectful Workplace Policy and/or may file a grievance in accordance with the Grievance Procedure. 7.07 A Graduate Assistant alleging that he or she has been sexually harassed shall pursue also address the matter in accordance with the University-Wide Procedures for Sexual Harassment Concerns and Complaints. This shall not preclude a Graduate Assistant from filing a grievance in accordance with the Article 17 – Grievance Procedure. In this event, the Union may choose to do so at Step 2. Both processes may run concurrently. 7.08 A Graduate Assistant who is disciplined under the University-Wide Procedures for Sexual Harassment Concerns and Complaints shall have 10.05 The Union retains the right to grieve such discipline at Step 2 once the process in sub- clause 10.04 has been exhausted. 10.06 No grievance shall be submitted to any Employer Representative who is the subject of the grievance under this Article. 10.07 This article does not preclude any Employment Equity measures agreed to by the Grievance Procedureparties or required by law. 10.08 The parties acknowledge that the Employer has a duty to accommodate and the Union has an obligation to assist in that accommodation, consistent with the Manitoba Human Rights Act and the evolving jurisprudence. In situations where an Employee requires an accommodation, the Employer, the Union and the Employee shall meet and make every reasonable effort to reach the required resolution.