WORKPLACE NON-DISCRIMINATION, HARASSMENT, VIOLENCE AND ANTI-RETALIATION POLICY
________ (the "Employer")
Province/Territory of operation: ________
Effective Date: ________ | Policy Version/Review Date: ________
§ 1. Purpose
1.1 ________ is committed to providing a healthy, safe and respectful workplace that promotes equality and dignity and that is free from discrimination, harassment (including sexual harassment), workplace violence and reprisal. This Workplace Non-Discrimination, Harassment, Violence and Anti-Retaliation Policy (the "Policy") is adopted to give effect to that commitment and to satisfy the Employer's obligations under applicable human rights, occupational health and safety, and employment standards legislation.
1.2 This Policy is intended to comply with, as applicable: the Canadian Human Rights Act and the Canada Labour Code (including the Work Place Harassment and Violence Prevention Regulations) for federally regulated employers; and the applicable provincial human rights legislation, occupational health and safety legislation and employment/labour standards legislation in the Province/Territory identified above, being ________. Where any provision of this Policy conflicts with mandatory legislation, the legislation prevails.
§ 2. Scope and Application
2.1 This Policy applies to all employees, including senior executives, officers and directors, and to temporary and casual staff, agency workers, volunteers, students and interns (collectively, "Employees").
2.2 This Policy applies in the workplace and to all work-related activities and locations, including travel for work, work-related social events, training, and communications by any means (including telephone, email, text message, social media and other electronic means), whether occurring on or off the Employer's premises and whether during or outside regular working hours.
2.3 Employees are prohibited from engaging in any act of discrimination, harassment, violence or retaliation against other Employees, independent contractors, clients, vendors, suppliers, or any other person doing business with or visiting ________. Any Employee who breaches this Policy will be subject to disciplinary action, up to and including termination of employment for cause.
2.4 ________ also prohibits third parties who do business with it from engaging in discrimination, harassment, violence or retaliation against its Employees. An Employee who believes they have experienced such conduct from a third party should report it as soon as possible to their immediate supervisor or to the Designated Officer identified in § 7. Such reports will be handled promptly and as confidentially as reasonably possible.
§ 3. Prohibited Grounds
3.1 Discrimination and harassment on the basis of any ground protected under applicable human rights legislation are prohibited. Protected grounds include, but are not limited to: race, national or ethnic origin, ancestry, place of origin, colour, citizenship, creed or religion, age, sex (including pregnancy), sexual orientation, gender identity or gender expression, marital status, family status, disability (including mental and physical disability), genetic characteristics, source of income, and a record of offences for which a pardon has been granted or a record suspended.
3.2 There is no hierarchy among the prohibited grounds; none is more important or significant than any other.
3.3 ________ does not tolerate discrimination, harassment, violence or retaliation by or toward any person. Such conduct constitutes misconduct, and disciplinary measures will be imposed on persons who engage in it and on managers who knowingly permit it to continue.
§ 4. Definitions
- 4.1 Discrimination: any distinction, exclusion or preference, whether intentional or not, based on a prohibited ground, that has the effect of nullifying or impairing a person's right to equal treatment in employment.
- 4.2 Harassment (general): any vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome, including repeated and hostile or unwanted conduct, words, actions or gestures that affect a person's dignity or psychological or physical integrity and that create a harmful work environment. A single serious incident may also constitute harassment where it has a lasting harmful effect.
- 4.3 Sexual harassment: any unwelcome conduct, comment, gesture or contact of a sexual nature, including unwanted advances, solicitation, suggestive remarks, sexual jokes, displays of sexually offensive material, or any comments or images of a sexual nature transmitted by any means, where such conduct might reasonably be expected to cause offence or humiliation, or is made a condition of employment or advancement.
- 4.4 Workplace violence: the exercise or attempted exercise of physical force against an Employee that causes or could cause physical injury, including a threatening statement or behaviour that gives an Employee reasonable cause to believe they are at risk of physical injury.
- 4.5 Retaliation/Reprisal: any adverse action, threat or intimidation directed at a person because that person has, in good faith, made a complaint, provided information, given evidence, cooperated with or participated in an investigation, or asserted a right under this Policy or applicable legislation. Retaliation is a prohibited and discriminatory practice. By way of example only, retaliation is prohibited where: (a) a complaint has been filed internally; (b) a complaint has been filed with a competent authority or government agency; (c) a person has given testimony; or (d) a person has cooperated with or participated in an investigation. The prohibition on retaliation extends to family members of the complainant or participant.
- 4.6 Reasonable management action: the legitimate, good-faith exercise of management functions, including performance management, work assignment, scheduling and discipline conducted in a reasonable manner, does not constitute harassment.
§ 5. Training and Awareness
5.1 All Employees are required to complete the training provided by ________ on discrimination, harassment, violence and retaliation. New Employees must complete this training within ________ of commencing employment. Refresher training will be provided at intervals of not less than ________. Questions regarding training should be directed to the Designated Officer identified in § 7.
§ 6. Expectations of All Employees
6.1 Each Employee is expected to contribute to a workplace free from discrimination, harassment, violence and retaliation; to treat all individuals with respect in the course of their work; to participate in the mechanisms established by the Employer to prevent and stop such conduct; and to report any situation involving discrimination, harassment, violence or retaliation as soon as possible to a supervisor or the Designated Officer.
§ 7. Reporting and Complaints
7.1 An Employee who believes they have experienced or witnessed conduct contrary to this Policy is encouraged to document the conduct and should report the incident promptly to their immediate supervisor or, where the complaint involves the supervisor, to a more senior manager or to the person designated by the Employer (the "Designated Officer"): ________, contact details: ________.
7.2 A complaint or report may be made verbally or in writing. A person receiving a report should document it thoroughly.
7.3 Nothing in this Policy prevents an Employee from filing a complaint or application with the applicable human rights commission or tribunal, occupational health and safety authority, or labour board, namely ________, within the limitation periods prescribed by applicable legislation.
§ 8. Intervention and Investigation
8.1 ________ will promptly, fairly and thoroughly investigate all complaints and reports made under this Policy, and will endeavour to complete each investigation within a reasonable time.
8.2 The investigation may include interviews of the complainant, respondent and witnesses, review of relevant documents and physical evidence, and the involvement of qualified personnel such as human resources, an external investigator, or legal counsel. The investigation will be conducted by a person who is impartial and not directly involved in the matter.
8.3 Both the complainant and the respondent will be informed in writing of the results of the investigation and of any corrective action taken that bears on them, to the extent permitted by applicable law. The Employer will maintain a record of the investigation, including documentation of interviews and evidence.
8.4 Upon completion of the investigation, ________ will take such action as it considers appropriate based on the evidence, including disciplinary measures up to and including termination of employment, and, where warranted, referral to law enforcement authorities.
8.5 Where the conduct complained of does not meet the definition of discrimination, harassment, violence or retaliation but is nonetheless inappropriate, ________ will take appropriate corrective action to address the situation.
8.6 An Employee who is dissatisfied with the Employer's response may, in their sole discretion and where they consider it necessary, pursue any remedy available to them before the competent authorities.
§ 9. Confidentiality
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§ 10. Responsibilities of Management
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§ 11. Good Faith and Misuse
11.1 Complaints and reports must be made in good faith. The good-faith reporting of a concern, even if not substantiated, will not result in any adverse consequence. However, complaints that are found to have been made knowingly false, frivolous, vexatious or in bad faith may result in disciplinary action against the person who made them.
§ 12. Applicable Legislation
12.1 The Canadian Human Rights Act and Canada Labour Code (for federally regulated employers), and the applicable provincial Human Rights Code, Occupational Health and Safety legislation, and Employment/Labour Standards legislation, govern any situation constituting discrimination, harassment, violence or retaliation in the workplace, as identified in § 1.2.
§ 13. Local and Other Protections
13.1 Employees may also contact the municipality or local authority in which they reside or work to determine whether additional protections against discrimination, harassment or retaliation apply.
13.2 Where an Employee has been subjected to unwanted physical contact, forced confinement or any sexual act without consent, such conduct may constitute a criminal offence. It is strongly recommended that the police be contacted in such circumstances.
§ 14. No Limitation of Rights
14.1 Nothing in this Policy is intended to replace, waive or limit any right an Employee may have to seek remedies under applicable law. This Policy does not form part of any contract of employment and may be amended by the Employer from time to time in accordance with applicable law.
ACKNOWLEDGEMENT
I, ________, confirm that I have received, read and reviewed this Policy and that I understand my obligations under it. I understand that failure to comply with this Policy may result in disciplinary action, up to and including termination of employment.
I further understand that ________ reserves the right to amend, modify or replace this Policy from time to time, in its discretion and in accordance with applicable law.
_____________________
Employee signature
Employee name (print): ________
Date: ________
Received on behalf of the Employer by: ________
_____________________
Employer representative signature