Section 14 - Discrimination & Personal Harassment
14. Discrimination & Personal Harassment
14.1 Personal Harassment
Harassment is subjection to any conduct or comment, which is known or ought to be reasonable to be known to be unwelcome or offensive, which creates an intimidating working environment or which denies individual dignity or respect. Harassment is prohibited on the grounds of sex, race, sexual orientation, racial or linguistic origin, creed, marital status, pregnancy, family status, age, disability or citizenship as well as other prohibited grounds defined by law. When such behaviour occurs, the offended party will make known to the harasser directly or indirectly that it is unwelcome behaviour. Should the behaviour continue, it will be reported to the Engager. The Engager has a duty to take immediate steps to investigate the complaint in as discreet and confidential a manner as possible and to take appropriate action, up to and including dismissal, against any person violating this clause. A complaint will in no way prejudice the complainant’s engagement.
Note: In cases when any party is a CADA-ON member, that member may follow Section 15.
1. Sexual harassment is defined as an incident involving unwelcome sexual advances, request for sexual favours, or other verbal or physical conduct of a sexual nature:
- When such conduct might reasonably be expected to cause offence or humiliation to another person or group of persons; or
- When the submission to such conduct is made implicitly or explicitly a condition of work; or
- When submission to such conduct is accompanied by a reward, or the express implied promise of a reward for compliance; or
- When such conduct has the effect of interfering with a person’s work or performance by creating a hostile or offensive environment.
2. Types of behaviour that constitute sexual harassment include, but are not limited to:
- Unwelcome remarks, jokes, innuendos, or taunts about a person’s body, clothing or sex, told or carried out after the individual has been advised that their actions are offensive or embarrassing;
- Insulting gestures of a sexual nature, or other behaviour which causes discomfort, awkwardness or embarrassment; or
- Displaying pornographic pictures or other sexually offensive materials in the specific environment in which the complainant is required to work; or
- Degrading remarks directed at members of one sex or sexual orientation; or
- Unnecessary and or persistent unwelcome physical contact; or
- Demands for sexual favours; or
- Unwelcome and inappropriate enquiries about a person’s sex life.