ARTICLE 6 : NO HARASSMENT, NO DISCRIMINATION AND NO VIOLENCE

6.1* The University of Ottawa and the Bargaining Unit recognize their obligations under the legal framework set out in the Ontario Human Rights Code with respect to harassment and discrimination and under the Ontario Occupational Health and Safety Act with respect to workplace violence and workplace harassment.

6.2* The University, Employees, the Bargaining Unit and the Association are committed to adhere to the University's Policy and associated procedures with respect to the prevention of harassment and discrimination and the prevention of violence.

6.3* There shall be no discrimination or harassment against any Employee based on any of the prohibited grounds listed in the Ontario Human Rights Code.

6.4* There shall be no workplace violence or workplace harassment against any Employee pursuant to the Ontario Occupational Health and Safety Act.

6.5* ABSENCE OF DISCRIMINATION AND/OR HARASSMENT

Any allegations of harassment and/or discrimination shall be reported through the Employer's policies and procedures on discrimination and harassment. This provision shall not affect the member’s right to file a grievance in accordance with article 12 of the collective agreement.

6.5.1 * Subject to the particular provisions set out in 6.6, the parties agree that no member of the bargaining unit shall be subjected to discrimination, interference, hindrance, restriction or harassment with regard to salary, employee benefits, appointment of any type within the University, leave, dismissal or layoff, disciplinary measures, any other term or condition of employment or student status (except of provided for in this Agreement), based on her/his age, race, beliefs, colour, citizenship or permanent resident status, national or ethnic origin, language, political or religious beliefs or affiliations, sex (including breastfeeding and pregnancy), sexual orientation, gender identity, gender expression, marital status, family status, ancestry, place of origin, a handicap or disability, a criminal record or a record of offences, her/his membership in the Association and participation in its legal activities or membership in the bargaining unit, or her/his withdrawal from the Association.

6.5.2 * All members of the bargaining unit may resort to any other anti discriminatory provision in accordance with the Ontario Human Rights Code.

6.5.3 * Where a criminal record is demonstrably detrimental to a member's suitability for her/his position, any appropriate measures taken by the Employer - which affect the member's working conditions and terms of employment - shall be deemed non-discriminatory.

6.5.4 * The application of any University insurance contract or policy regarding eligibility to benefits for persons aged 65 or more shall be deemed nondiscriminatory.

6.5.5 * The Employer shall ensure that no University of Ottawa student who is (or has been) a member of the bargaining unit shall be penalized in her/ his student status for the exercise of any of her/his rights under this Agreement or by reason of her/his membership or non-membership or lawful activity in the Association except that nothing in this section shall be construed so as to diminish or eliminate any obligation resulting from her/ his student status.

6.6* DUTY TO ACCOMMODATE

The duty to accommodate is a shared responsibility among the Employer, the member and the Association in accordance with all applicable legislation, including but not limited to the Ontario Human Rights Code, and the Accessibility for Ontarians with Disabilities Act (AODA).

6.7 PROCEDURE

6.7.1 It is up to the member to submit a request for accommodation upon acceptance of an offer. It is understood that the member who submits a request for accommodation may be called upon to present evidence in support of their need for accommodation, such as a medical certificate attesting to their limitations in the event of accommodation based on a disability.

6.7.2 For accommodation requests based on a disability, the Employer, the member, the Health and Wellness Sector and the Association, where requested by the member, will endeavour to review the request and cooperate to find reasonable accommodations. The member must be informed of their right to union representation.

6.7.3 * Where a member's disability interferes with the fulfilment of her workload duties, any related measures taken by the Employer which affect the member's working conditions and terms of employment shall be deemed non-discriminatory, it being understood that the Employer shall not take any such measures unless:

a) they are required in light of the member's inability to meet satisfactorily the objective requirements of her/his employment; and

b) the Employer has, previous to taking any such measures, taken all reasonable steps which could enable the member with a disability to continue performing her/his workload duties.

6.7.4 For the purposes of this article, the term “disability” means:

a) any degree of physical disability, infirmity, malformation or disfigurement caused by bodily injury, birth defect or illness and, in particular diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal, on a wheelchair or on other remedial appliance or device;

b) a condition of mental impairment or a developmental disability;

c) a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language;

d) a mental disorder including an addiction disease;

e) an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.

6.8* The Health and Wellness sector shall forward the accommodation request and the relevant details regarding the capabilities and functional limitations of the Member to the Dean. At no time should medical files, or statements of religious beliefs be forwarded to the Faculty without the written express consent of the concerned member.

6.9* The Dean, in consultation with the Member, the Health and Wellness office, and the Association (when requested by the Member), shall develop and implement an accommodation plan as soon as possible.

6.10* The accommodation plan can be reviewed at any time to be ajusted and address the needs of the Member or the Employer.

6.11* Subject to paragraph 6.7.1 and 6.12, the medical report of the Member's treating physician, or registered mental health professional, shall be accepted as verification of the disabling condition and need for accommodation.

6.12* The Employer, via the Health and Wellness office may require that a Member be examined by one or more physicians appointed and paid by the Employer. The Health and Wellness office shall provide the Member with the names of three (3) duly qualified physicians and the Member shall select one of those practitioners to conduct the examination. The Employer shall cover the cost of the medical examination and all other reasonable expenses incurred by the Employee to attend related to the medical examination.

The independent medical report shall be forwarded to the Member’s treating physician as appropriate.

6.13* For all other accommodation requests in accordance with the Code, the Member, the Employer, and the Association (where requested by the member) will cooperate to find reasonable accommodation measures. The member must be informed of her/his right to an Association representative involvement in the process.

6.14* It is understood that the Parties will take every precaution to ensure the confidentiality of all accommodation requests and ensure the privacy of the concerned Members.

6.15* NO PENALTY

An Employee shall not be penalized for exercising their rights under the Collective Agreement or Human Rights Code.

6.16 EQUITY

The Employer and the Association recognize the diverse makeup of the part-time teaching staff. Factors creating this diversity include but are not limited to age, citizenship, ethnic or national origin, ancestry, language, political convictions, religion, sex (including breastfeeding and pregnancy), sexual orientation, civil status, student status, disability as well as physical and mental health. This diversity can sometimes create barriers in the workplace. The Employer and the Association will make efforts to minimize these barriers to allow members of the University community to participate to their full potential.