Policy Statement: - Cornwall, Ontariomail.cornwall.ca/Active/Development/egenda.nsf... · Web...

Harassment Free WorkplaceSection: Human Resources Policy: HR 4.02.10Effective Date: June-14-2010 Reviewed Date: Sep-2016

Policy Statement:To provide all employees with a work environment that is free of harassment, sexual harassment and respects dignity, self-worth and human rights of every individual.

Definitions:

Workplace:The workplace is not confined to the offices and buildings of the Corporation. “Workplace” has been interpreted broadly by the Ontario Human Rights Commission, and as applied to the City, would include:

Any location where the business of the Corporation is being carried out (e.g. City Hall, works yard, community centers, meeting room).

Other locations and situations such as during business travel, work-related social gatherings or other locations where the prohibited behavior may have a subsequent impact on the work relationship, environment or performance.

Conduct, comments or behaviors which constitute harassment, sexual harassment and occur in locations covered by this definition are subject to investigation under this policy.

Workplace Harassment: Workplace harassment is a course of vexatious comment (ie: demeans, humiliates, embarrasses) or conduct directed at a worker that a reasonable person knew or should have known would be unwelcome. It includes actions, comments, or displays. It may be a single incident or continue over time.

Some examples of harassment include: unwelcome remarks, slurs, jokes, taunts, or suggestions about a person’s

body, clothing, race, national or ethical origin, colour, age, sex, marital status,

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family status, physical or mental disability, sexual orientation; pardoned conviction, or other personal characteristics.

unwelcome sexual remarks, invitations, or requests (including persistent, unwanted contact after the end of a sexual relationship);

written or verbal abuse or threats; patronizing or condescending behavior; humiliating an employee in front of co-workers; abuse of authority that undermines someone’s performance, competency, or

threatens his/her career; vandalism of personal property; and/or; physical or sexual assault

Workplace harassment does not include: legitimate performance management appropriate exercise and delegation of managerial authority operational directives a disagreement or misunderstanding work related change of location, co-workers, job assignment appropriate discipline

Workplace Sexual Harassment: a) 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

b) Making a 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.

Examples may include: Unwelcome sexual remarks, requests for sexual favors, particularly when

made by a person who is in a position to confer or deny a benefit to an employee; practical jokes of a sexual nature, which cause humiliation to an individual or group; or a display of pornographic or other offensive material.

Unwelcome and unnecessary physical contact ranging from touching, patting, or pinching to physical assault.

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A reprisal or threat of reprisal for the rejection of a sexual solicitation or advance made by a person in a sexual solicitation or advance made by a person in a position to confer or deny a benefit to the employee.

Bullying: Is offensive, cruel, intimidating, aggressive, insulting or humiliating behavior

intended to demean or threaten someone by word, physical violence or threatened physical violence

Examples may include: Spreading rumours, gossip or innuendo that is not true Excluding or isolating someone socially Using intimidation Undermining or deliberately impeding someone’s work Withholding necessary information or purposely giving the wrong information Making or sharing jokes that are offensive by word or written communication Intruding on a person’s privacy by pestering, spying or stalking Yelling or using profanity Belittling a persons opinion Vandalizing someone’s personal belongings

Workplace:The workplace is not confined to the offices and buildings of the Corporation. “Workplace” has been interpreted broadly by the Ontario Human Rights Commission, and as applied to the City, would include:

Any location where the business of the Corporation is being carried out (e.g. City Hall, works yard, community centers, meeting room).

Other locations and situations such as during business travel, work-related social gatherings or other locations where the prohibited behavior may have a subsequent impact on the work relationship, environment or performance.

Conduct, comments or behaviors which constitute harassment, sexual harassment and occur in locations covered by this definition are subject to investigation under this policy.

Workplace Harassment: Workplace harassment is a course of vexatious comment (ie: demeans, humiliates, embarrasses) or conduct directed at a worker that a reasonable person knew or

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should have known would be unwelcome. It includes actions, comments, or displays. It may be a single incident or continue over time.

Some examples of harassment include: unwelcome remarks, slurs, jokes, taunts, or suggestions about a person’s

body, clothing, race, national or ethical origin, colour, age, sex, marital status, family status, physical or mental disability, sexual orientation; pardoned conviction, or other personal characteristics.

unwelcome sexual remarks, invitations, or requests (including persistent, unwanted contact after the end of a sexual relationship);

written or verbal abuse or threats; patronizing or condescending behavior; humiliating an employee in front of co-workers; abuse of authority that undermines someone’s performance, competency, or

threatens his/her career; vandalism of personal property; and/or; physical or sexual assault

Workplace harassment does not include: legitimate performance management appropriate exercise and delegation of managerial authority operational directives a disagreement or misunderstanding work related change of location, co-workers, job assignment appropriate discipline

Workplace Sexual Harassment: c) 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

d) Making a 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.

Examples may include:

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Unwelcome sexual remarks, requests for sexual favors, particularly when made by a person who is in a position to confer or deny a benefit to an employee; practical jokes of a sexual nature, which cause humiliation to an individual or group; or a display of pornographic or other offensive material.

Unwelcome and unnecessary physical contact ranging from touching, patting, or pinching to physical assault.

A reprisal or threat of reprisal for the rejection of a sexual solicitation or advance made by a person in a sexual solicitation or advance made by a person in a position to confer or deny a benefit to the employee.

Human Rights: Harassment is defined in the Ontario Human Rights Code Section 10 as follows; engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to unwelcome.

Section 5 (2) Ontario Human Rights Code:

“Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, color, ethnic origin, citizenship, creed, age, record of offenses, marital status, family status, or disabilities. “

Section 7 (2) Ontario Human Rights Code:

“Every person who is an employee has the right to freedom from harassment in the workplace because of sex by his/her employer/agent of the employer or by another employee.

Complainant: The individual who makes a complaint against another.

Respondent: The individual against whom the complaint is made.

Human Rights:Harassment is defined in the Ontario Human Rights Code as engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to unwelcome, and provides every employee with the right to freedom from harassment in the workplace because of race, sex, sexual orientation, sexual identification, ancestry, place of origin, color, ethnic origin, citizenship, creed, age, record of offenses, marital status, family status, or disabilities.

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Application:Workplace harassment and workplace sexual harassment will not be tolerated on city premises, while conducting city business, or at city functions or social events, whether such harassment is perpetrated by managers, employees, contractors, customers/clients, visitors or members of the general public.

All employees are responsible for respecting the dignity and rights of their co-workers and the public they serve. Harassment of any type is a serious form of employee misconduct which will result in disciplinary action up to and including termination.

Any member of the public, including visitors to city facilities or individuals conducting business with the City of Cornwall, are expected to adhere to this policy, including refraining from any types of harassment of employees, elected officials, and persons acting on behalf of the City of Cornwall. If such harassment occurs, the City of Cornwall will take any steps available to ensure a harassment-free workplace, including barring the harasser from its facilities, where appropriate, or discontinuing business with contractors or consultants.

Confidentiality:All managers, employees and other persons who are aware of a harassment complaint, or involved in its resolution, must recognize the seriousness of the situation and respect the sensitivity and confidentiality that must be accorded to the matter. They must refrain from discussing the complaint amongst themselves or with anyone who does not have a “need to know”. Every effort must be made to preserve the dignity and self-respect of the parties to the complaint. All information and documentation concerning a complaint will therefore be kept and transmitted as confidential/protected material. Those who do not fully respect such confidentiality may be subject to discipline.

Complaints of harassment will be received and investigated in a confidential manner in accordance with the procedures, including prescribing corrective action. Information that must be shared will be disclosed on a need-to-know basis.

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Any allegation or complaint of discrimination, harassment or sexual harassment will be considered personal information ‘supplied in confidence’. The name of the complainant or the circumstances of the complaint will not be disclosed to any person except where disclosure is necessary for the purpose of investigating the complaint. The substance of investigative reports and the substance of meetings held by those in authority regardless of whether it is substantiated will be protected from disclosure to third parties, except where required for legal reasons.

Strict confidentiality cannot be guaranteed to anyone who wants to make a complaint of harassment. If a complaint goes through an investigation, the respondent and other people involved will have to learn about the complaint. The complainant can be assured that only people who ‘need-to-know’ will be told of the complaint.

No investigation information is to be kept on the employee personnel file with the exception of official disciplinary/termination papers. Similar to problem resolution cases, harassment investigation information should be kept indefinitely in a separate file. Proven allegations of harassment or sexual harassment, including disciplinary action taken shall be documented and form part of the employee permanent record.

All Employees Shall:• Be familiar with their rights and responsibilities under the policy. • Not engage in behavior that would constitute discrimination or harassment

under the policy.• Raise concerns as soon as possible if you have been harassed.• Document details of harassment that are experienced or witnessed.• Co-operate in intervention and investigation to resolve harassment issues. • Maintain confidentiality related to harassment investigation.• Employees are strongly encouraged to report incidents of harassment,

discrimination or retaliation that they witness.

Obligations:• Be familiar with their rights and responsibilities under the policy.• Not engage in behavior that would constitute discrimination or harassment

under the policy.• Be truthful and accurate in providing information within the investigation• Raise concerns as soon as possible.• Document details of harassment that are experienced or witnessed.• Co-operate in intervention and investigation to resolve harassment issues.• Maintain confidentiality related to harassment investigation.

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• Reporting incidents of harassment, discrimination or retaliation that they witness.

Rights:Everyone will have the right to:

• An environment free from harassment• To file a complaint when the environment is not free from harassment• Be informed of complaints made against them• Be informed through the process and aware of the ongoing investigation and

eventual conclusion• Obtain a summary of their complaint investigation without fear of

embarrassment or reprisal • A fair investigation process and appropriate remedial actions• Appeal of the investigation, summary and recommended conclusions• Confidentiality of the process to the degree possible as per the situation and

circumstances• Access to Union representation should the situation be appropriate

Supervisors shall:• Ensure that their workplace is free from harassment, being aware of what’s

happening in the workplace and taking appropriate action upon becoming aware of harassing conduct contrary to the policy.

• Educate employees to ensure that they know that harassment will not be tolerated and that they know what their rights and responsibilities are under the policy including ways in which policy violations can be resolved.

• Document details on human rights concerns, actions taken, outcomes or remedies implemented.

• Where harassment occurred, monitor the situation after a complaint to ensure the harassment has stopped and implement appropriate measures to prevent reoccurrence.

• Consult with the Human Resources Department where there may be a perceived or real conflict of interest in addressing an alleged policy violation for assistance with human rights issues.

Management Staff Shall:Management staff including the CAO, General Managers, Division Managers, Managers, Supervisors and Human Resources staff have obligations under the Human Rights Code, OHSA and this Harassment Policy. Under the Human Rights

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Code & the Health & Safety Act, Management can be held personally liable for failing to take appropriate action. All management staff have the following general responsibilities:

• Not engage in behavior that would constitute harassment under the policy.• Set and enforce standards of appropriate workplace conduct.• Have thorough knowledge of the policy.• Be able to clarify what constitutes harassment.• Be able to advise staff of their rights and responsibilities under the policy.• Take all reasonable steps to deal with alleged workplace harassment that they

are aware of or reasonably should have been aware of (even if a direct complaint has not been made) in a timely fashion while maintaining as much confidentiality as possible.

• Provide leadership in creating and maintaining harassment-free, respectful workplaces.

• Receive investigation reports and making final decisions (in consultation with Human Resources) regarding disposition of a complaint.

• Ensure resource availability and effective implementation of complaint settlements, remedies and corrective actions.

• Ensure that staff who have responsibilities under the policy are held accountable and have the appropriate knowledge and skills to the policy obligations.

• Ensure physical security.

Managers and Supervisors shall:• Provide leadership to ensure that their workplace is based on respect and free

from harassment, being aware of what’s happening in the workplace and taking appropriate action upon becoming aware of harassing conduct contrary to the policy.

• Educate employees to ensure that they know that harassment will not be tolerated and that they know what their rights and responsibilities are under the policy including ways in which policy violations can be resolved.

• Document details on human rights concerns, actions taken, outcomes or remedies implemented.

• Consult with the Human Resources Department where there may be a perceived or real conflict of interest in addressing an alleged policy violation for assistance with human rights issues.

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• Set and enforce standards of appropriate workplace conduct.• Be able to clarify and communicate what constitutes harassment and the

investigation process• Take all reasonable steps to deal with alleged workplace harassment that they

are aware of or reasonably should have been aware of (even if a direct complaint has not been made) in a timely fashion while maintaining as much confidentiality as possible.

• Receive investigation reports and making final decisions (in consultation with Human Resources) regarding disposition of a complaint.

• Ensure resource availability and effective implementation of complaint settlements, remedies and corrective actions.

• Ensure that staff who have responsibilities under the policy are held accountable and have the appropriate knowledge and skills to the policy obligations.

Joint Health and Safety Committee• The policy shall be reviewed by the Joint Health and Safety Committee on an

annual basis.• When a formal complaint has been initiated, the Corporation shall notify and

communicate with the Joint Health and Safety Committee of the investigation, and will also provide a summary regarding the completion of the investigation.

Human Resources Responsibility:• Be responsible for policy development.• Take a leadership role in providing advice on policy provisions, investigating

harassment concerns and complaints.• Consult appropriate government agencies where there may be a perceived or

real conflict of interest in addressing an alleged policy violation.• Support general managers/division managers/managers in addressing

harassment.• Plan, coordinate and implement training for management and employees on

the Harassment Policy.• Review annually the effectiveness of the policy and procedures.

Procedures for Dealing with Workplace Harassment• If possible, make your disapproval known to the person who is causing the

offence and ask that all offensive behavior stop; and/or

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• discuss concerns with your immediate supervisor or another member of management; and/or

• seek advice from a union representative (where applicable); and/or• contact Human Resources for advice

Where possible, employees who feel that they have been subjected to harassment should maintain a written record of the nature of the alleged harassment, date(s), time(s), behavior, impact and a list of witnesses.

If no action is forthcoming from the Supervisor you reported the incident to, or if the behavior persists, report actions taken to the next level of authority.

If the complaint is not resolved through the previous steps, the employee should proceed to refer the incident to the Manager of Human Resources. Any written records may also be produced at this time.

In the event of Workplace Harassment, the Corporation encourages its employees to report the incident in accordance with these procedures. However, the employee has the right to inform the Ontario Human Rights Commission, of the incident or of the employee’s lack of satisfaction with the employer’s investigation and action taken.

Receipt and Documentation of the Complaint All complaints requesting or requiring formal investigation must be forwarded immediately to Human Resources. Upon receipt of the complaint an interview will be scheduled with the employee to discuss and clarify the incident and identify steps they have taken so far to resolve the matter. The employee may be represented/assisted by a person of his/her choice.

The Human Resources Department will attempt to acknowledge receipt of complaint within 5 working days (to manager/department head/complainant/union representative or third party where appropriate). The respondent(s) to the complaint has the right to be notified of its existence and nature within 5 working days.

Where a formal complaint is received in writing it shall be documented and a file opened by the Human Resources Department. To ensure that the complaint is documented properly and accurately, Human Resources will contact the complainant for clarification and/or further information.

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Summaries and notes from previous informal actions and resolutions may be requested by Human Resources and appended to the complaint file as background information.

The Human Resources Department will be responsible for investigating complaints except in situations where it is necessary or appropriate to have the investigation carried out by an external third party.

The Corporation, through its Management and the Human Resources Department will attempt to ensure that complaints are investigated and handled in a manner so that the identities of the persons involved are kept confidential.

It must be recognized that, to the extent that the complainant chooses to initiate proceedings or make comments outside the Corporation’s internal harassment complaint procedures, confidentiality cannot be guaranteed. It must also be recognized that information collected and retained is subject to release under the Municipal Freedom of Information and Protection of Privacy Act, 1989, the Ontario Human Rights Code or the rules governing court proceedings.

Investigating Complaints:Where possible employees who wish to have a harassment claim investigated should provide a written record of the nature of the alleged harassment, date(s), time(s), behavior, impact and a list of witnesses to their supervisor, manager or human resources.

If an investigation is requested at the local department and no action is forthcoming from the Supervisor or manager the incident is reported to, or if the behavior persists, the issue shall be proceed directly to Human Resources for further review and assessment.

If the complaint is not resolved at the department level, should proceed to Human Resources for further review, investigation and or assessment as necessary.

Where the complainant does not feel the issue can be addressed by the immediate supervisor, then the matter shall be referred to Human Resources for investigation and follow up.

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Investigation ProcedureAll complaints requiring formal investigation will be investigated by Human Resources. Upon receipt of the complaint an interview will be scheduled with the employee to discuss and clarify the incident and identify steps they have taken so far to resolve the matter. The employee may be represented by a union representative of their choosing.

Formal investigations conducted by Human Resources will be governed by an Investigation Panel made up of the investigator, General Manager of the appropriate department and the Head of Human Resources.

The investigator will document all complainant and witness interviews and where possible have the transcript of these interviews reviewed and verified by the complainant or witness.

At the conclusion of the investigation the investigator shall produce a written report outlining the issue being investigated, the process used in the investigation, findings as a result of the investigation, and any potential remedial recommendations.

The written report will be reviewed by the Investigation Panel to assess and carry out the applicable recommendations and actions provided in the report. The General Manager and Head of Human Resources will review the findings and recommendations with the Chief Administrative Officer.

A summary of the investigation will be provided to the complainant along with an explanation of the findings and actions that the Corporation will have taken in addressing the issue, should there be found that harassment existed within the environment.

The Human Resources Department will be responsible for investigating complaints except in situations where it is necessary or appropriate to have the investigation carried out by an external third party.

DisciplineA range of disciplinary measures can be adapted to the severity of the incident. The degree of discipline taken will be influenced by a variety of factors such as the persistence of the harassment, severity of the behavior, cooperation and willingness to change, and other behavior. Discipline will range from a warning to dismissal. Bad faith complaints may also be subject to disciplinary action.

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Supervisors and/or Management who condone such conduct or fail to investigate and report such conduct will also be subject to disciplinary action.

Protection against RetaliationNo employee shall be discharged, suspended, intimidated or have penalties imposed because such an individual has made a complaint or given evidence or assisted in any way in the investigation and resolution of a complaint of workplace or sexual harassment. Bad faith complaints may be subject to disciplinary measures.

File Retention and DisposalUpon final disposition of a formal complaint the file will be closed and retained in the Human Resources Department. All closed files will be retained in the Human Resources Department for a period of 5 years from the date of closing.

Closed investigative files will be disposed of in an appropriate manner after the 5 year period. Notations on Human Resources Department files will be removed as per existing procedures and/or provisions contained in collective agreements.

Upon final disposition of a formal complaint the file will be closed and retained in the Human Resources Department. All closed files will be retained in the Human Resources Department for an indefinite period.

ApplicationThis policy applies to all City of Cornwall employees, elected officials and their staff and to all aspects of the employment relationship. All staff are expected to abide by this policy, the Human Rights Code and the Occupational Health & Safety Act by refraining from any form of harassment, and fully co-operating in any investigation of harassment.

Previous Policy Number: HR.02-10

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Policy Statement: - Cornwall, Ontariomail.cornwall.ca/Active/Development/egenda.nsf... · Web...

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