Discrimination and Harassment All employees have the right to work in an environment free from all forms of harassment, including sexual harassment. DEFINITION Discrimination is perceived or actual behaviour and includes sexual harassment as a type of discrimination which, generally, is:
a) Discriminatory in nature based on race, colour, age, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, gender, sexual orientation, Union or association membership, or because that person has been charged or convicted of a criminal offence that is unrelated to the position; and/or,
b) Objectionable because the person committing such behaviour knows or ought to reasonably know that the behaviour creates an environment which is not conducive to work. For the purposes of paragraph 2.09 (b), objectionable behaviour includes, but is not limited to:
i) Verbal abuse or threats;
ii) Offensive remarks, jokes, innuendoes, or taunting;
iii) Display of pornographic, racist, or other offensive or derogatory material;
iv) Persistent unwelcome invitations or requests whether direct or indirect;
v) Unwelcome physical contact such as touching, patting, pinching or punching; and,
vi) Leering, badgering, or intimidating actions. Sexual Harassment is defined as unwelcome sexual advances, request for sexual favours, and other verbal, written, or physical conduct of a sexual nature when:
vii) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
viii) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual;
ix) Such conduct interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.
Harassment The Employer and the Union recognize the right of employees to work in an environment free from harassment, including sexual harassment, as defined by the Employer’s harassment policy.
NO DISCRIMINATION/HARASSMENT 6.01 The Company and the Union agree that there shall be no discrimination, interference, restriction or coercion exercised or practised with respect to any employee by reason of age, marital status, sex, race, creed, colour, national origin, political or religious affiliation, handicap, sexual orientation nor by reason of Union membership or position in the Union. Prohibited grounds shall be interpreted in accordance with and subject to the provisions of the Human Rights Code.
6.02 The Union and the Company recognize that sexual, racial, and violent harassment is a cruel and destructive behaviour against others that can have devastating effects.
(a) Sexual harassment is any unwanted attention of a sexual nature such as remarks about appearance or personal life, offensive written or visual actions like graffiti or degrading pictures, physical contact of any kind, or sexual demands.
(b) Racial harassment is any action, whether verbal or physical that expresses or promotes racial hatred in the workplace such as racial slurs, written or visually offensive actions, jokes or other unwanted comments or acts.
(c) Violent Harassment includes any form of attempted, threatened, actual conduct or physical force of a person that causes or is likely to cause injury, and includes any threatening statement or behaviour that gives an employee reasonable cause to believe that the employee is at risk of injury.
6.03 Any claims of harassment or discrimination, should be brought to the attention of management, Human Resources and/or any local union elected person or official. Complaints of alleged harassment or discrimination as outlined in .01 by members of the bargaining unit will be handled with all possible confidentiality by a joint committee consisting of the Plant Chairperson and/or his designee and the Human Resource Manager and/or his designee.
(a) The investigation will be handled promptly within ten (10) working days from the date the complaint was filed. Investigation will be reviewed by Plant Chairperson and Human Resources Manager for final resolution. If unresolved the complaint may be taken up as a grievance at Step 3.
6.04 Any confirmed allegations of the above harassment(s) may result in discipline up to and including termination.
6.05 This article is not intended to restrict any employee's rights under the Ontario Human Rights Code.
6.06 The parties agree that normal social/business conduct between people does not constitute harassment.
6.07 The pursuit of frivolous allegations of Human Rights violations has a detrimental effect on the spirit and intent for which this policy was rightfully developed and should be discouraged. Frivolous charges of harassment may be subject to disciplinary action.
6.08 Whenever in this agreement, the masculine gender is used, it will also include the feminine.
D3 Discrimination The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as race, colour, ethnic or national origin, disability, sex or sexual orientation, religion or belief, or age and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Sex Discrimination Act 1975, the Race Relations Act 1976, the Equal Pay Act 1970, the Disability Discrimination Act 1995, the Employment Equality (Sexual Orientation) Regulations 2003, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Age) Regulations 2006, the Equality Act 2006, the Human Rights Act 1998 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.
DISCRIMINATION AND COERCION 8.01 There shall be no discrimination or intimidation by the EMPLOYER or the UNION against any employee as a result of or because of such employee's race, color, creed, gender, disability or national origin all in accordance with applicable law, or membership in or non-membership in the UNION.