SEXUAL HARRASMENT. The Employer and the Union recognize the right of all employees to work in an environment free from sexual harassment. The parties agree that proven sexual harassment is a violation of an employee’s rights, dignity and personal well-being. Where complaints of sexual harassment are substantiated, appropriate disciplinary measures, up to an including dismissal are supported and endorsed by the parties. Sexual harassment is defined as unwelcome conduct and/or comments of a sexual nature that detrimentally affect the work environment or lead to adverse job related consequences. Sexual harassment includes, but is not limited to, sexual advances and requests for sexual favours, such as: • An implied or expressed promise of reward for complying with a sexually oriented request; • A reprisal, or an implied or expressed threat of reprisal, directed at one’s employment for refusing to comply with a sexually oriented request; • A denial of opportunity, or the express or implied threat to deny an opportunity, for refusing to comply with a sexually oriented request. Other examples of sexual harassment include: • Verbal harassment or abuse, such as sexist jokes told or carried out after having been advised that the conduct is embarrassing or offensive, and sexist jokes that are by their nature embarrassing or offensive. • Unwelcome and unnecessary remarks about a person’s body, clothing or sexual activities. • Displays or distribution of pictures, posters, calendars, objects, literature or other materials that are sexually suggestive, sexually demeaning or pornographic. The legitimate study, display, use or distribution of topics, material or art forms of a sexual nature that are within appropriate academic norms is not considered sexual harassment. • Unwanted and unnecessary touch, patting, pinching, or other suggestive physical contact. • Sexual looks, such as leering and ogling with sexual overtones. • Suggestive comments or gestures. • Compromising invitations. • Constant brushing up against a person’s body.
SEXUAL HARRASMENT. 1. Sexual Harassment is a form of workplace misconduct, which undermines the integrity of the employment relationship.
SEXUAL HARRASMENT. Under federal law, unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonable interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment. This can include verbal behavior such as unwanted sexual comments, suggestions, jokes or pressure for sexual favors; nonverbal behavior, such as suggestive looks or leering and physical behavior, such as pats or squeezes, or repeatedly brushing against someone’s body.
