Article 4 : harassment and discrimination
4.1 The values of the University of Ottawa and the Institute uphold the practice of respect, fairness and courtesy, and the importance of demonstrating human dignity within professional relationships. Success in the practice of these values will foster a safe and healthy workplace free of harassment, discrimination and violence.
4.2 There shall be no discrimination or harassment against any employee based on any prohibited grounds listed in the Ontario Human Rights Code.
4.3 For the purpose of this collective agreement the following definitions will apply:
- Workplace harassment: engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought to reasonably be known to be unwelcome.
- Workplace sexual harassment: engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.
- Workplace violence: the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker, an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker, a statement of behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.
4.4 Pursuant to the Ontario Human Rights Code and the Ontario Occupational Health and Safety Act :
- The University undertakes to maintain an environment free of workplace harassment, violence and discrimination in which each employee is treated with respect and dignity is able to contribute fully and enjoys equal opportunity.
- The University, employees, the Bargaining Unit and the Institute are committed to adhere to the University's Policy 67a, "Prevention of Harassment and Discrimination" and its associated regulations.
- Pursuant to the Ontario Human Rights Code and the Ontario Occupational Health and Safety Act, each employee has the right to work in an environment free of harassment, violence and discrimination. The parties, including employees, are responsible for fostering and maintaining an atmosphere free of harassment and discrimination at the University.
4.5 In accordance with Ontario's Occupational Health and Safety Act, University Policy 67a on the Prevention of Harassment and Discrimination and Policy 67b on the Prevention of Sexual Violence shall be reviewed regularly in consultation with the Institute.
4.6 The parties, including the employee, further undertake to collaborate in a spirit of respect throughout the implementation of reasonable accommodation measures.
4.7 Employees shall not be discriminated against, interfered with, imposed restrictions, retaliated against or coerced because of the employee's membership in the Institute, involvement in trade union activities, or for exercising his or her rights under the Collective Agreement or the Human Rights Tribunal of Ontario.
4.8 Domestic Violence and the Workplace
Pursuant to the provisions of the Occupational Health and Safety Act, the parties acknowledge that Domestic Violence can affect elements of the workplace. If the University becomes aware, or ought to reasonably be aware, that domestic violence that would likely expose an employee to physical injury in the workplace, the University shall take every precaution reasonable in the circumstances for the protection of the employee. The Institute will collaborate in this process. An employee working under these circumstances will be accommodated reasonably.
4.9 Should a member decline to be accompanied by a Union Representative during an investigation, in any aspect, they will be asked to sign a note in writing confirming this. The University will advise the Institute where appropriate.
4.10 The provisions set out in these articles or in University policies shall in no way affect an employee's right to exercise the remedies open to him under the Ontario Human Rights Code within the time frames set out therein nor limits the Institute's right to the grievance and arbitration procedure (article 14 and article 15).