Common use of Harassment Defined Clause in Contracts

Harassment Defined. (a) The Union and the Employer recognize the right of Employees to work in an environment free from sexual and personal harassment. Harassment is a form of discrimination and includes personal harassment, which is any improper behavior by any person which is offensive to any Employee and which that person knows or ought reasonably to know is inappropriate and unwelcome. Harassment is also comprised of objectionable conduct, comment or display occurring either once or continuously that demeans, belittles or causes personal humiliation or embarrassment to an Employee. The Employer and the Union will work together to ensure all members of the Employer’s organization, as well as all Employees, understand their personal responsibility to promote a harassment free and safe work environment. (b) Sexual harassment means sexually oriented verbal or physical behaviour which an individual would reasonably find to be unwanted or unwelcome, giving consideration to all surrounding circumstances and which may detrimentally affect the work environment. Such behaviour could include, but is not limited to: - touching, patting or other physical contact; - leering; staring or the making of sexual gestures; - demands for sexual favours; - verbal abuse or threats; - unwanted sexual invitations; - physical assault of a sexual nature; - distribution or display of sexual or offensive pictures or material; - unwanted questions or comments of a sexual nature; - practical jokes of a sexual nature. (c) Sexual harassment will often, but need not, be accompanied by an expressed or implied threat of reprisal. (d) Both males and females can be considered to be sexually harassed by members of either sex. (e) Personal harassment means verbal or physical behaviour that is discriminatory in nature, based upon another person's race, colour, ancestry, place of origin, political beliefs, religion, marital status, physical or mental disability, sex, age, or sexual orientation. It is discriminatory behaviour, directed at an individual, which causes substantial distress in that person and serves no legitimate work-related purpose. Such behaviour could include, but is not limited to: - physical threats or intimidation; - words, gestures, actions or practical jokes, the natural consequence of which is to humiliate, alarm or abuse another person; - distribution or display of offensive pictures or materials. (f) To constitute harassment, behaviour may be repeated or persistent or may be a single serious incident. (g) Personal harassment does not include actions occasioned through the exercising in good faith, of the Employer's supervisory rights and responsibilities.

Harassment Defined. For the purposes of this Policy “harassment” is defined as: A course or pattern of objectionable comment or conduct that is known or ought reasonably known to be unwelcome where such comment or conduct is based on the following prohibited grounds of discrimination: race, national or ethnic origin, colour, religion, age, sex, marital status, family status, disability or conviction for an offence for which a pardon has been granted. For the purposes of this Policy “sexual harassment” is defined as: A course or pattern of vexatious comment or conduct of a sexual nature that is known or ought to be reasonably known unwelcome: i. when such conduct might reasonably be expected to cause insecurity, discomfort, offence or humiliation to another person or group; ii. when submission to such conduct is made either implicitly or explicitly a condition or driver; or iii. when submission to or rejection of such conduct is used as a basis for any decision (a) including but not limited to matters relating to his or her driving position or to promotion, raise in salary, job security and benefits affecting an employee or a driver); or iv. when such conduct has the purpose or the effect of interfering with a person’s work performance or creating an intimidating, hostile or offensive work environment. Types of behavior which constitute sexual harassment include, but are not limited to: • Sexually suggestive gestures • Sexual jokes causing embarrassment • The Union display of sexually offensive material • Unwelcome sexual flirtation, advances, and propositions • Verbal abuse of a sexual nature • Graphic sexual commentary directed to an individual’s body, prowess or deficiencies • ▇▇▇▇▇▇▇, whistling, unwanted touching • Sexual assault or coerced sexual acts • Suggestive or obscene comments or gestures • Persistent unwanted contact or attention after the Employer recognize end of a consensual relationship Sexual harassment most commonly occurs in the right form of Employees to work in an environment free from behaviour by men towards women; however, sexual and personal harassmentharassment can also occur between men, between women, or as behaviour by women towards men. Harassment For the purposes of this Policy, abuse of power is a form of discrimination harassment and includes personal harassmentoccurs when an individual improperly uses the power and authority inherent in his or her position to endanger a driver’s status with the Company or an employee’s job, which is any improper behavior by any person which is offensive to any Employee and which undermine the performance of that person knows or ought reasonably to know is inappropriate and unwelcome. Harassment is also comprised of objectionable conductjob, comment or display occurring either once or continuously that demeans, belittles or causes personal humiliation or embarrassment to an Employee. The Employer and threaten the Union will work together to ensure all members economic livelihood of the Employer’s organization, as well as all Employees, understand their personal responsibility to promote a harassment free and safe work environment. (b) Sexual harassment means sexually oriented verbal or physical behaviour which an individual would reasonably find to be unwanted or unwelcome, giving consideration to all surrounding circumstances and which may detrimentally affect the work environment. Such behaviour could include, but is not limited to: - touching, patting or other physical contact; - leering; staring or the making of sexual gestures; - demands for sexual favours; - verbal abuse or threats; - unwanted sexual invitations; - physical assault of a sexual nature; - distribution or display of sexual or offensive pictures or material; - unwanted questions or comments of a sexual nature; - practical jokes of a sexual nature. (c) Sexual harassment will often, but need not, be accompanied by an expressed or implied threat of reprisal. (d) Both males and females can be considered to be sexually harassed by members of either sex. (e) Personal harassment means verbal or physical behaviour that is discriminatory in nature, based upon another person's race, colour, ancestry, place of origin, political beliefs, religion, marital status, physical or mental disability, sex, ageemployee, or sexual orientationin any way interfere with, or influence the career of the employee. It is discriminatory behaviourincludes intimidations, directed at an individualthreats, which causes substantial distress in that person and serves no legitimate work-related purpose. Such behaviour could include, but is not limited to: - physical threats blackmail or intimidation; - words, gestures, actions or practical jokes, the natural consequence of which is to humiliate, alarm or abuse another person; - distribution or display of offensive pictures or materialscoercion. (f) To constitute harassment, behaviour may be repeated or persistent or may be a single serious incident. (g) Personal harassment does not include actions occasioned through the exercising in good faith, of the Employer's supervisory rights and responsibilities.