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 PROCEDURE
Any allegations of harassment and/or discrimination may be reported through the Employer's policies and procedures on discrimination and harassment or through the grievance procedure set out in Article 12 of the Collective Agreement. In a situation where a Member elects to exercise any recourse in addition to a grievance, the other recourse will be deemed resolved and closed.
6.2 DUTY TO ACCOMMODATE
The duty to accommodate is a joint responsibility. The Parties agree to act in accordance with all applicable legislation, including but not limited to the Ontario Human Rights Code, the Accessibility for Ontarians with Disabilities Act (AODA) and the Occupational Health and Safety Act.
6.3 PROCEDURE
Upon request, the Member, who has an attested medical need, the Employer, the Health and Wellness office 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.
6.4 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.
6.5 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.
6.6 The accommodation plan can be reviewed at any time to be adjusted and address the needs of the Member or the Employer.
6.7 Subject to paragraph 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.
6.8 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.
6.9 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.
6.10 NO PENALTY
An Employee shall not be penalized for exercising their rights under the Collective Agreement or Human Rights Code.