Common use of NO DISCRIMINATION OR HARASSMENT Clause in Contracts

NO DISCRIMINATION OR HARASSMENT. 10.01 The Parties agree that there shall be no discrimination, interference, restriction, or coercion exercised or practiced toward any Faculty Member in respect to their employment by reason of 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 as these terms are defined by the Ontario Human Rights Code. The Parties further agree that there shall be no discrimination, interference, restriction, or coercion exercised or practiced toward any Faculty Member in respect to their employment by reason of their membership or activity or non-activity in the Association, or any activity pursuant to the principles of academic freedom set out in Article 14. 10.02 The Parties shall work to address the effects of systemic discrimination in the employment of Faculty Members at the University. To this end, the Parties have created a standing Committee on Employment Equity (CEE) as set out in a Letter of Understanding appended to this Agreement. 10.03 The Parties agree that there shall be no harassment in the workplace. The Employer shall provide a work environment that is free from workplace harassment in accordance with the Occupational Health and Safety Act. Harassment includes behaviour that is intimidating, threatening, offensive, degrading, humiliating or insulting by a person in the workplace, where the person knows, or reasonably ought to know, that the behaviour is unwelcome and/or is likely to create an intimidating or hostile workplace environment. A single egregious incident may constitute harassment. 10.04 The Parties agree that there shall be no sexual harassment in the workplace. Sexual harassment is defined as comments or conduct of a sexual nature directed at an individual or group by another individual or group of the same or opposite sex where it is known, or reasonably ought to be known, that the comment or conduct is unwelcome. 10.05 There shall be no reprisal or any threat of reprisal or retaliation against anyone for pursuing rights under this Article or for participating in any capacity in proceedings based on this Article. Any such reprisal or retaliation shall be treated itself as a form of harassment and/or discrimination. 10.06 The Employer shall consult with the Association about, and ensure that the Association is aware of, any proposed change to the Employer’s harassment, discrimination, and violence in the workplace policies and procedures. 10.07 Any investigation of a Faculty Member shall be conducted in accordance with Article 24.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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NO DISCRIMINATION OR HARASSMENT. 10.01 The Parties agree that there shall be no discrimination, interference, restriction, or coercion exercised or practiced toward any Teaching Faculty Member in respect to their employment by reason of 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 status, or disability as these terms are defined by the Ontario Human Rights Code. The Parties further agree that there shall be no discrimination, discrimination interference, restriction, or coercion exercised or practiced toward any Teaching Faculty Member in respect to their employment by reason of their membership or activity or non-activity in the Association, or any activity pursuant to the principles of academic freedom set out in Article 14. 10.02 The Parties shall work to address the effects of systemic discrimination in the employment of Teaching Faculty Members at the University. To this end, the Parties have created a standing Committee on Employment Equity (CEE) as set out in a Letter of Understanding appended to this Agreement. 10.03 The Parties agree that there shall be no harassment in the workplace. The Employer shall provide a work environment that is free from workplace harassment in accordance with the Occupational Health and Safety Act. Harassment includes behaviour that is intimidating, threatening, offensive, degrading, humiliating humiliating, or insulting insulting, by a person in the workplace, where the person knows, or reasonably ought to know, that the behaviour is unwelcome and/or is likely to create an intimidating or hostile workplace environment. A single egregious incident may constitute harassment. 10.04 The Parties agree that there shall be no sexual harassment in the workplace. Sexual harassment is defined as comments or conduct of a sexual nature directed at an individual or group by another individual or group of the same or opposite sex where it is known, or reasonably ought to be known, that the comment or conduct is unwelcome. 10.05 There shall be no reprisal or nor any threat of reprisal or retaliation against anyone for pursuing rights under this Article or for participating participation in any capacity in proceedings based on this Article. Any such reprisal or retaliation shall will be treated itself as a form of harassment and/or discrimination. 10.06 The Employer shall consult with the Association about, and ensure that the Association is aware of, any proposed change to the Employer’s harassment, discrimination, and violence in the workplace policies and procedures. 10.07 Any investigation of a Faculty Member shall be conducted in accordance with Article 24.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

NO DISCRIMINATION OR HARASSMENT. 10.01 The Parties agree that there shall be no discrimination, interference, restriction, or coercion exercised or practiced toward any Faculty Member in respect to the their employment by reason of 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 as these terms are defined by the Ontario Human Rights Code. The Parties further agree that there shall be no discrimination, interference, restriction, or coercion exercised or practiced toward any Faculty Member in respect to of their employment by reason of the their membership or activity or non-activity in the Association, or any activity pursuant to the principles of academic freedom set out in Article 14. 10.02 The Parties shall work to address the effects of systemic discrimination in the employment of Faculty Members at the University. To this end, the Parties have created a standing Committee on Employment Equity (CEE) as set out in a Letter of Understanding appended to this Agreement. 10.03 The Parties agree that there shall be no harassment in the workplace. The Employer shall provide a work environment that is free from workplace harassment in accordance with the Occupational Health and Safety Act. Harassment includes behaviour that is intimidating, threatening, offensive, degrading, humiliating or insulting by a person in the workplace, where the person knows, or reasonably ought to know, that the behaviour is unwelcome and/or is likely to create an intimidating or hostile workplace environment. A single egregious incident may constitute harassment. 10.04 The Parties agree that there shall be no sexual harassment in the workplace. Sexual harassment is defined as comments or conduct of a sexual nature directed at an individual or group by another individual or group of the same or opposite sex where it is known, or reasonably ought to be known, that the comment or conduct is unwelcome. 10.05 There shall be no reprisal or any threat of reprisal or retaliation against anyone for pursuing rights under this Article or for participating in any capacity in proceedings based on this Article. Any such reprisal or retaliation shall will be treated itself as a form of harassment and/or discrimination. 10.06 The Employer shall consult with the Association about, and ensure that the Association is aware of, any proposed change to the Employer’s harassment, discrimination, and violence in the workplace policies and procedures. 10.07 Any investigation of a Faculty Member shall be conducted in accordance with Article 24.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

NO DISCRIMINATION OR HARASSMENT. 10.01 6.01 The Parties parties agree that there shall be no discrimination, interference, restrictionharassment (including sexual harassment), intimidation or coercion exercised or practiced toward any Faculty Member in practised by either of them with respect to their employment any employee in the bargaining unit concerning the application of the provisions of this Agreement, by reason of the following: the employee’s membership or non-membership in the Union; the employee’s activity in the Union or the exercise of his/her lawful rights arising therefrom; the employee’s age, race, ancestrycreed/religion, colour, nationality, citizenship, place of origin, colour, ethnic origin, citizenship, creedancestry, sex, gender, marital status, disability as disability is defined in the Human Rights Code of Ontario [which includes Acquired Immune Deficiency Syndrome (AIDS), AIDS related illnesses, and positive Immune Deficiency Virus (HIV+)]; the employee’s political belief or affiliation, the employee’s academic orientation or school of thought; the employee’s sexual orientation, gender identitysame sex partnership status, transsexual transition status, gender expression, age, record of offences, marital status, family status and gender identity; or disability as these terms are defined any ground prohibited by the Ontario Human Rights Code, R.S.O. 1990, c.H-19, as amended. (a) It is the University's responsibility to maintain an environment in which employees remain free from harassment as it is defined within this Agreement, including intimidation, reprisals and any threats, explicit or implied, which are designed to or might reasonably be understood to dissuade an employee from exercising his/her rights under this Article 6. (b) The parties agree to a definition of harassment, including racial or sexual harassment, which is as follows: engaging in any vexatious comment or conduct, written or oral, that has no pedagogical point, that is known, or ought reasonably to be known, to be unwelcome, including threats or a pattern of threatening or aggressive behaviour by a person in the workplace where the person knows or reasonably ought to know that this behaviour is unwelcome or is likely to create an intimidating, demeaning or hostile working environment. Harassment also includes a reprisal or a threat of reprisal for lodging a grievance alleging a violation in Article 6 where the reprisal or threat is made by a person in a position to confer, grant, or deny a benefit or advancement to the employee. (c) The Parties further definition of sexual harassment shall also include, but shall not be limited to, the following: a sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the employee, or by a person with whom contact is required or brought about by the nature of the employee's employment duties, and where the person making the sexual solicitation or advance knows or ought reasonably to know that it is unwelcome, and includes a reprisal or threat of reprisal by a person in a position to confer, grant, or deny a benefit or advancement to the employee for rejecting a sexual solicitation or advance or for lodging a complaint under the terms of this Agreement alleging sexual harassment. 6.03 The parties agree that there shall be no discrimination, interference, restrictionharassment, intimidation or coercion exercised or practiced toward any Faculty Member in practised by either of them with respect to their employment any employee in the bargaining unit concerning the application of the provisions of this Agreement by reason of their membership academic orientation or activity or non-activity in the Association, or any activity pursuant to the principles school of academic freedom set out in Article 14thought. 10.02 The Parties shall work to address the effects of systemic discrimination (a) If a complaint arises in the employment of Faculty Members at the University. To matters covered by this endArticle, the Parties grievance procedure in this Agreement is to be used. Therefore, employees who have created a standing Committee on Employment Equity (CEE) complaint/grievance concerning discrimination and/or harassment in their capacity as set out employees under this Agreement are to use the grievance procedure in a Letter of Understanding appended to this Agreement. 10.03 The Parties agree that there (b) Any allegation of sexual harassment under this Article 6 shall be no harassment handled through the grievance procedure in a confidential manner. In the workplace. The Employer shall provide event of a work environment that is free grievance resulting from workplace harassment in accordance with an alleged violation of Article 6.02 the Occupational Health and Safety Act. Harassment includes behaviour that is intimidating, threatening, offensive, degrading, humiliating or insulting by a person in the workplacegrievor may, where the person knowsagainst whom the allegation is being made would normally deal with the pre-grievance procedure or any step of the grievance, or reasonably ought refer the grievance to know, that the behaviour is unwelcome and/or is likely to create an intimidating or hostile workplace environment. A single egregious incident may constitute harassmentnext higher step of the grievance procedure. 10.04 The Parties agree 6.05 Where an employee alleges that there shall be no sexual harassment in the workplace. Sexual harassment is defined as comments or conduct of a sexual nature directed at an individual or group by another individual or group of the same or opposite sex where it is known, or reasonably ought s/he has been subjected to be known, that the comment or conduct is unwelcome. 10.05 There shall be no reprisal or any threat of reprisal or retaliation against anyone for pursuing rights under this Article or for participating in any capacity in proceedings based on this Article. Any such reprisal or retaliation shall be treated itself as a form of harassment and/or discriminationas defined in Article 6.02(c), s/he may request that her/his employment duties be adjusted and the Employer will make arrangements to adjust employment duties or take other action(s) to limit, or where reasonably possible to end, employment contact with the alleged harasser. Adjusted employment duties and other accommodation(s) that have been put in place pursuant to this Article will expire upon the resolution of the matter or at the conclusion of the employee’s employment, whichever occurs first. The employee will not lose any wages, rights or benefits as a result of this arrangement. 10.06 6.06 The parties agree that employees are protected under any current and future whistle- blower policies of McMaster University and that no employee will suffer any reprisals for good faith complaints on matters covered under such policies. 6.07 The Employer shall consult with and the Association aboutUnion are committed to addressing employment equity issues and recognize the need to discuss areas of mutual concern. 6.08 McMaster University is strongly committed to employment equity within its community, and ensure that to recruiting a diverse faculty and staff. Further, the Association University is aware ofcommitted to working with CUPE to address employment equity issues of mutual concern within the bargaining unit, any proposed change in an attempt to the Employer’s harassment, discrimination, and violence in the workplace policies and proceduresfind a resolution. The JLMC is an appropriate forum for this purpose. 10.07 Any investigation of a Faculty Member shall be conducted in accordance with Article 24.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

NO DISCRIMINATION OR HARASSMENT. 10.01 The Parties agree that there a) All Employees are expected to treat others with courtesy and consideration and to discourage discrimination and harassment. b) There shall be no discrimination, interference, restrictiondiscrimination or harassment by the Company or the Union or its members against any Employee because of Union activity or membership or non- membership in any trade union, or coercion exercised or practiced toward any Faculty Member in respect to their employment by reason because of the Employee's sex, race, creed, color, nationality, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status status, handicap or disability as these terms are defined by the Ontario Human Rights Codepolitical opinions. The Parties further agree that there shall Harassment will not be no discrimination, interference, restriction, or coercion exercised or practiced toward any Faculty Member in respect to their employment by reason of their membership or activity or non-activity in the Association, or any activity pursuant subject to the principles of academic freedom set out in Article 14grievance procedure but shall, however, be investigated promptly by a Senior Human Resources Representative and the Union Services Representative who will attempt to resolve complaints. 10.02 The Parties shall work to address c) For the effects purpose of systemic discrimination in the employment of Faculty Members at the University. To this endArticle 6, the Parties have created a standing Committee on Employment Equity (CEE) as set out in a Letter of Understanding appended to this Agreement. 10.03 The Parties agree that there shall be no harassment in the workplace. The Employer shall provide a work environment that is free from workplace harassment in accordance with the Occupational Health and Safety Act. Harassment includes behaviour that is intimidating, threatening, offensive, degrading, humiliating or insulting by a person in the workplace, where the person knows, or reasonably ought to know, that the behaviour is unwelcome and/or is likely to create an intimidating or hostile workplace environment. A single egregious incident may constitute harassment. 10.04 The Parties agree that there shall be no sexual harassment in the workplace. Sexual harassment ‘Harassment’ is defined as comments or conduct engaging in a course of a sexual nature directed at an individual or group by another individual or group of the same or opposite sex where it is known, or reasonably ought to be known, that the vexatious comment or conduct that is unwelcomeknown or ought reasonably to be known to be unwelcome where such comment or conduct consists of words or actions by persons acting on behalf of the Company or Union, the Company, a supervisor, a co-worker or any other individual employed by the Company, which denies individual dignity or respect or causes humiliation to another Employee. 10.05 d) Proper discussions between an Employee and a supervisor related to performance issues or disciplinary matters or work assignments or other work related items do not constitute harassment. . e) No person shall be required, as a condition of employment, to become or remain a member of any union or other organization, and no statements or representations to the contrary shall be made. f) There shall be no reprisal solicitation of membership in any union organization or collection of union dues or any threat of reprisal or retaliation against anyone for pursuing rights under this Article or for participating union activity anywhere on Company property. This clause shall not be construed to prevent Employees from engaging in any capacity in proceedings based on this Article. Any such reprisal or retaliation shall be treated itself as a form of harassment and/or discriminationcasual conversation relating to Union affairs. 10.06 The Employer g) Stewards, Union safety representatives or Employees filling any other Union position shall consult with the Association about, and ensure that the Association is aware of, not be denied any proposed change to the Employer’s harassment, discrimination, and violence rights or benefits provided for in the workplace policies and proceduresthis collective agreement because of their Union activity. 10.07 Any investigation of a Faculty Member shall be conducted in accordance with Article 24.

Appears in 1 contract

Samples: Collective Agreement

NO DISCRIMINATION OR HARASSMENT. 10.01 The Parties agree that there shall be no discrimination, interference, restriction, or coercion exercised or practiced toward toward, by or against, any Faculty Member Employee in respect to of their employment employment, by reason of 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 status, or disability as these terms are defined by the Ontario Human Rights Code. The Parties further agree that there shall be no discrimination, interference, restriction, coercion, or coercion reprisal exercised or practiced toward any Faculty Member Employee in respect to of their employment by reason of their membership or activity or non-activity in the Association, or any activity pursuant to the principles of academic freedom set out in Article 14Union. 10.02 The Parties shall work to address the effects of systemic discrimination in the employment of Faculty Members at the University. To this end, the Parties have created a standing Committee on Employment Equity (CEE) as set out in a Letter of Understanding appended to this Agreement. 10.03 The Parties agree that there shall be no bullying or harassment in the workplace. The Employer shall provide a work environment that is free from workplace Bullying and harassment in accordance with the Occupational Health and Safety Act. Harassment includes behaviour that is intimidating, threatening, offensive, degrading, humiliating known or insulting by a person in the workplace, where the person knows, or ought reasonably ought to know, that the behaviour is unwelcome and/or is be known: • to be unwelcome; • to be likely to create an intimidating or hostile workplace work environment. A single egregious incident may constitute harassment., and/or; • to be intimidating, offensive, denigrating, degrading or humiliating 10.04 10.03 The Parties agree that there shall be no sexual harassment in the workplace. Sexual harassment is defined as comments includes engaging in a course of vexatious comment or conduct because of a sex, sexual nature directed at an individual orientation, gender identity or group by another individual or group gender expression, where the course of the same or opposite sex where it is known, or reasonably ought to be known, that the comment or conduct is known or ought reasonably to be known to be unwelcome, or making sexual solicitation or advance is in a position to confer, grant or deny a benefit or advancement and the person knows or ought reasonably to know that the solicitation or advance is unwelcome. 10.05 10.04 There shall be no reprisal or nor any threat of reprisal or retaliation against anyone for pursuing rights under this Article or for participating participation in any capacity in proceedings based on this Article. Any such reprisal or retaliation shall will be treated itself as a form of harassment and/or discrimination. 10.06 The Employer shall consult with the Association about, and ensure that the Association is aware of, any proposed change to the Employer’s harassment, discrimination, and violence in the workplace policies and procedures. 10.07 Any investigation of a Faculty Member shall be conducted in accordance with Article 24.

Appears in 1 contract

Samples: Collective Agreement

NO DISCRIMINATION OR HARASSMENT. 10.01 The Parties agree that there shall be no discriminationdiscrimination or harassment, interference, restriction, or coercion exercised or practiced toward any Faculty Member in respect to their employment by reason of 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 as these terms are defined by the Ontario Human Rights Code. The Parties further agree that there shall be no discrimination, interference, restriction, or coercion exercised or practiced toward any Faculty Member in respect to their employment by reason of their membership or activity or non-non- activity in the Association, or any activity pursuant to the principles of academic freedom set out in Article 14. 10.02 The Parties shall work to address the effects of systemic discrimination in the employment of Faculty Members at the University. To this end, the Parties have created a standing Committee on Employment Equity (CEE) as set out in a Letter of Understanding appended to this Agreement. 10.03 The Parties agree that there shall be no harassment in the workplace. The Employer shall provide a work environment that is free from workplace harassment in accordance with the Occupational Health and Safety Act. Harassment includes behaviour that is intimidating, threatening, offensive, degrading, humiliating or insulting by a person in the workplace, where the person knows, or reasonably ought to know, that the behaviour is unwelcome and/or is likely to create an intimidating or hostile workplace environment. A single egregious incident may constitute harassment. 10.04 The Parties agree that there shall be no sexual harassment in the workplace. Sexual harassment is defined as comments or conduct of a sexual nature directed at an individual or group by another individual or group of the same or opposite sex where it is known, or reasonably ought to be known, that the comment or conduct is unwelcome. Sexual harassment is further defined in the Occupational Health and Safety Act as engaging in a course of vexatious comment or conduct against a worker in a workplace because of 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 making 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. 10.05 There shall be no reprisal or any threat of reprisal or retaliation against anyone for pursuing rights under this Article or for participating in any capacity in proceedings based on this Article. Any such reprisal or retaliation shall be treated itself as a form of harassment and/or discrimination. 10.06 The Employer shall consult with the Association about, and ensure that the Association is aware of, any proposed change to the Employer’s harassment, discrimination, and violence in the workplace policies and procedures. 10.07 Any investigation of a Faculty Member shall be conducted in accordance with Article 24.

Appears in 1 contract

Samples: Collective Agreement

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NO DISCRIMINATION OR HARASSMENT. 10.01 The Parties agree that there shall (a) AII empIoyees are expected to treat others with courtesy and consideration and to (b) There shaII be no discrimination, interference, restrictiondiscrimination or harassment by the Company or the Union or its members against any empIoyee because of Union activity or membership or non- membership in any trade union, or coercion exercised or practiced toward any Faculty Member in respect to their employment by reason because of the empIoyee's sex, race, creed, coIor, nationaIity, ancestry, place pIace of origin, colour, ethnic origin, citizenship, creed, sex, sexual sexuaI orientation, gender identity, gender expression, age, record of offences, marital maritaI status, family status famiIy status, handicap or disability poIiticaI opinions. Harassment wiII not be subject to the grievance procedure but shaII, however, be investigated promptIy by a Senior Human Resources Representative and the Union Services Representative who wiII attempt to resoIve compIaints. (c) For the purpose of this ArticIe 6, ‘Harassment’ is defined as these terms are defined engaging in a course of vexatious comment or conduct that is known or ought reasonabIy to be known to be unweIcome where such comment or conduct consists of words or actions by persons acting on behaIf of the Company or Union, the Company, a supervisor, a co-worker or any other individuaI empIoyed by the Ontario Human Rights Code. The Parties further agree that there shall be no discriminationCompany, interference, restriction, which denies individuaI dignity or coercion exercised respect or practiced toward any Faculty Member in respect causes humiIiation to their employment by reason of their membership or activity or non-activity in the Association, or any activity pursuant to the principles of academic freedom set out in Article 14another empIoyee. 10.02 The Parties shall (d) Proper discussions between an empIoyee and a supervisor reIated to performance issues or discipIinary matters or work to address the effects of systemic discrimination in the employment of Faculty Members at the University. To this end, the Parties have created a standing Committee on Employment Equity (CEE) as set out in a Letter of Understanding appended to this Agreement. 10.03 The Parties agree that there shall be no harassment in the workplace. The Employer shall provide a assignments or other work environment that is free from workplace harassment in accordance with the Occupational Health and Safety Act. Harassment includes behaviour that is intimidating, threatening, offensive, degrading, humiliating or insulting by a person in the workplace, where the person knows, or reasonably ought to know, that the behaviour is unwelcome and/or is likely to create an intimidating or hostile workplace environment. A single egregious incident may reIated items do not constitute harassment. 10.04 The Parties agree that there shall (e) No person shaII be required, as a condition of empIoyment, to become or remain a member of any union or other organization, and no statements or representations to the contrary shaII be made. (f) There shaII be no sexual harassment soIicitation of membership in the workplace. Sexual harassment is defined as comments any union organization or conduct coIIection of a sexual nature directed at an individual or group by another individual or group of the same or opposite sex where it is known, or reasonably ought to be known, that the comment or conduct is unwelcome. 10.05 There shall be no reprisal union dues or any threat of reprisal or retaliation against anyone for pursuing rights under this Article or for participating union activity anywhere on Company property. This cIause shaII not be construed to prevent empIoyees from engaging in any capacity in proceedings based on this Article. Any such reprisal or retaliation shall be treated itself as a form of harassment and/or discriminationcasuaI conversation reIating to Union affairs. 10.06 The Employer shall consult with the Association about, and ensure that the Association is aware of, any proposed change to the Employer’s harassment, discrimination, and violence in the workplace policies and procedures. 10.07 Any investigation of a Faculty Member shall be conducted in accordance with Article 24.

Appears in 1 contract

Samples: Collective Agreement

NO DISCRIMINATION OR HARASSMENT. 10.01 The Parties agree that there ‌ 11.1 There shall be no discrimination, interference, restriction, or coercion exercised or practiced toward any Faculty Member in discrimination with respect to their employment any Employee or individual outside the bargaining unit by reason of race, ancestry, place of national or ethnic origin, colour, ethnic originreligion, citizenship, creedage, sex, sexual orientation, gender identity, gender identity or expression, age, record of offences, marital status, family status status, genetic characteristics, disability, political affiliation and conviction for which a pardon has been granted or disability as these terms are defined by the Ontario Human Rights Code. The Parties further agree that there shall be no discrimination, interference, restrictionin respect of which a record of suspension has been ordered, or coercion exercised or practiced toward any Faculty Member in respect to their employment by reason of their membership or activity or non-activity in membership/activities with the Association, or any activity pursuant to Union. Notwithstanding the principles of academic freedom set out in Article 14. 10.02 The Parties shall work to address the effects of systemic discrimination in the employment of Faculty Members at the University. To this endforegoing, the Parties have created acknowledge the Employer has a standing Committee on Employment Equity (CEE) as set out in a Letter preference for hiring members of Understanding appended the Mohawks of Akwesasne and other recognized members of other First Nations, Metis and Inuit, and that hiring and promotion practices that conform to this Agreementpreference do not constitute a violation of this Article, nor does funding provided exclusively to natives of the Akwesasne community constitute discrimination within the meaning of this Article. 10.03 The Parties agree that there 11.2 There shall be no harassment or violence in the workplace. In accordance with Part II of the Canada Labour Code, as amended from time to time, harassment and violence are defined as any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment. This includes all types of harassment and violence, including sexual harassment, sexual violence, and domestic violence. Harassment does not include disciplinary measures, performance management or attendance management measures. 11.3 The Union and the Employer recognize the right of Employees to work in an environment free from sexual harassment. Sexual harassment means engaging in malicious comment or conduct, gesture or contact of a sexual nature that is likely to cause offence or humiliation or that might, on reasonable grounds, be perceived by that Employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion. Sexual harassment may include but is not limited to sexual jokes, innuendo, displaying sexually offensive material, sexually suggestive gestures, sexual flirtations, coercion, physical touching, sexual advances or solicitation made by any individual including one in a position to grant or deny a benefit. 11.4 The Employer shall provide will take such disciplinary action as it deems appropriate against any Employee who is found to have harassed, discriminated, or committed a violent act against a bargaining unit member. 11.5 For purposes of this Article, the work environment includes the Employee’s work location as well as any other premises at which the Employee is required to work, such as work-related conferences, seminars, and social events. 11.6 It is further recognized that is free from certain employees, while in the workplace harassment may be at risk of physical or verbal violence. Where such risk exists, the Employer and Joint Health Safety Committee shall jointly carry out a workplace assessment of risk factors and the development and implementation of preventative measures in accordance with the Occupational Canada Labour Code, as amended and its regulations. The employer and the Joint Health Safety Committee will also jointly develop or identify the training on workplace harassment and Safety Act. Harassment includes behaviour violence that is intimidating, threatening, offensive, degrading, humiliating or insulting by a person in the workplace, where the person knows, or reasonably ought to know, that the behaviour is unwelcome and/or is likely to create an intimidating or hostile workplace environment. A single egregious incident may constitute harassment. 10.04 The Parties agree that there shall be no sexual harassment in the workplace. Sexual harassment is defined as comments or conduct of a sexual nature directed at an individual or group by another individual or group of the same or opposite sex where it is known, or reasonably ought to be known, that the comment or conduct is unwelcome. 10.05 There shall be no reprisal or any threat of reprisal or retaliation against anyone for pursuing rights under this Article or for participating in any capacity in proceedings based on this Article. Any such reprisal or retaliation shall be treated itself as a form of harassment and/or discrimination. 10.06 The Employer shall consult with the Association about, and ensure that the Association is aware of, any proposed change to the Employer’s harassment, discrimination, and violence in the workplace policies and procedures. 10.07 Any investigation of a Faculty Member shall be conducted provided in accordance with Article 24the Canada Labour Code, as amended and its regulations.

Appears in 1 contract

Samples: Collective Agreement

NO DISCRIMINATION OR HARASSMENT. 10.01 15.01 Pursuant to the OLRA, the Employer agrees that there will be no intimidation, harassment, discrimination, interference, restraint or coercion exercised or practised by the Employer or its representatives because of membership or activity in the Union. 15.02 The Parties Employer, employees and the Union agree to conduct their affairs in accordance with the Ontario Human Rights Code and the Occupational Health and Safety Act as amended form time to time and agree that there shall be no discriminationdiscrimination or harassment practised or permitted by the Employer or the Union or any of their representatives against any employee for any reason including those of: age, interferenceancestry, restrictioncolour, or coercion exercised or practiced toward any Faculty Member in respect to their employment by reason of race, ancestrycitizenship, ethnic origin, place of origin, colour, ethnic origin, citizenship, creed, sexdisability, sexual orientationfamily status, marital status (including single status), gender identity, gender expression, age, record of offences, marital statussex (including pregnancy and breastfeeding), family status sexual orientation, or disability membership in a union. (a) Workplace harassment is defined as these terms are engaging in a course of vexatious comment or conduct in a workplace that is known or ought reasonably to be known to be unwelcome. Workplace violence is defined as the exercise of physical force by a person against another person in a workplace, that causes or could cause physical injury to another person; an attempt to exercise physical force against another person, in a workplace, that could cause physical injury to another person; and a statement or behaviour that is reasonable for another person to interpret as a threat to exercise physical force against another person, in the workplace. (b) All employees must undergo Violence Prevention and Workplace Harassment Training as provided by the Employer. (c) Harassment and Violence Prevention training shall be offered by the Employer to new hires during their orientation to the agency. 15.04 The Employer shall accommodate the needs of employees in accordance with the Ontario Human Rights Code. The Parties further agree that there . 15.05 If any provision in this Collective Agreement is found to conflict with the Ontario Human Rights Code, the parties shall be no discrimination, interference, restriction, or coercion exercised or practiced toward any Faculty Member in respect to their employment bound by reason of their membership or activity or non-activity in the Association, or any activity pursuant Code and shall amend the article to the principles of academic freedom set out in Article 14extent required. 10.02 The Parties shall work to address the effects of systemic discrimination in the employment of Faculty Members at the University. To this end, the Parties have created a standing Committee on Employment Equity (CEE) as set out in a Letter of Understanding appended to this Agreement. 10.03 The Parties agree that there shall be no harassment in the workplace. The Employer shall provide a work environment that is free from workplace harassment in accordance with the Occupational Health and Safety Act. Harassment includes behaviour that is intimidating, threatening, offensive, degrading, humiliating or insulting by a person in the workplace, where the person knows, or reasonably ought to know, that the behaviour is unwelcome and/or is likely to create an intimidating or hostile workplace environment. A single egregious incident may constitute harassment. 10.04 The Parties agree that there shall be no sexual harassment in the workplace. Sexual harassment is defined as comments or conduct of a sexual nature directed at an individual or group by another individual or group of the same or opposite sex where it is known, or reasonably ought to be known, that the comment or conduct is unwelcome. 10.05 There shall be no reprisal or any threat of reprisal or retaliation against anyone for pursuing rights under this Article or for participating in any capacity in proceedings based on this Article. Any such reprisal or retaliation shall be treated itself as a form of harassment and/or discrimination. 10.06 The Employer shall consult with the Association about, and ensure that the Association is aware of, any proposed change to the Employer’s harassment, discrimination, and violence in the workplace policies and procedures. 10.07 Any investigation of a Faculty Member shall be conducted in accordance with Article 24.

Appears in 1 contract

Samples: Collective Agreement

NO DISCRIMINATION OR HARASSMENT. 10.01 9.1 The Parties Employer, Union and City Park employees agree to comply with the Ontario Human Rights Code. All parties agree that there shall be no discrimination, interference, restriction, harassment or coercion exercised or practiced toward any Faculty Member in with respect to their employment any employee, agent, member of the City Park management team or board of directors, by reason of 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 as these terms are defined by the Ontario Human Rights Code. disability. 9.2 The Parties further Employer and Union agree that there shall be no discrimination, interference, restriction, or coercion exercised or practiced toward any Faculty Member in respect to their employment discrimination by reason of their membership or activity or non-activity the exercise of any of the rights contained in the Association, or any activity pursuant to the principles of academic freedom set out in Article 14. 10.02 The Parties shall work to address the effects of systemic discrimination in the employment of Faculty Members at the University. To this end, the Parties have created a standing Committee on Employment Equity (CEE) as set out in a Letter of Understanding appended to this Collective Agreement. 10.03 9.3 The Parties agree that there shall Employer maintains a policy to provide a workplace free from discrimination and harassment. This policy has and will continue to be no harassment posted in the workplace. The Employer union shall be provided with copies of this policy and will be notified of any changes to that policy. 9.4 Reprisals arising out of an employee’s objection to any harassment are strictly prohibited. 9.5 A breach of this Article of the Agreement or the Employer’s policy on discrimination and harassment and shall provide a work environment that is free from workplace grounds for discipline up to and including dismissal. 9.6 Grievances relating to harassment or discrimination shall be handled in accordance with the Occupational Health and Safety Act. Harassment includes behaviour procedure set out in Article 25, but in the event that the harasser is intimidatingthe employee’s direct supervisor, threatening, offensive, degrading, humiliating or insulting the complaint shall be initiated at Step 2. 9.7 In the event of harassment of an employee by a person in member of City Park, the workplace, where Employer agrees to conduct an investigation into the person knows, or reasonably ought matter and take all appropriate steps to know, that end the behaviour is unwelcome and/or is likely to create an intimidating or hostile workplace environment. A single egregious incident may constitute harassment. 10.04 The Parties agree that there 9.8 During the investigation, if an employee is unable to work and this claim is supported by medical documentation, which is completed on City Park’s approved Medical Absence Form, the employee shall be no sexual harassment in the workplace. Sexual harassment is defined as comments or conduct of a sexual nature directed at an individual or group by another individual or group of the same or opposite sex where it is known, or reasonably ought to be known, that the comment or conduct is unwelcomekept whole. 10.05 There shall be no reprisal or any threat of reprisal or retaliation against anyone for pursuing rights under this Article or for participating in any capacity in proceedings based on this Article. Any such reprisal or retaliation shall be treated itself as a form of harassment and/or discrimination. 10.06 The Employer shall consult with the Association about, and ensure that the Association is aware of, any proposed change to the Employer’s harassment, discrimination, and violence in the workplace policies and procedures. 10.07 Any investigation of a Faculty Member shall be conducted in accordance with Article 24.

Appears in 1 contract

Samples: Collective Agreement

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