Article 10 : no discrimination
10.1 The Employer and the Union agree that there shall be no discrimination, intimidation, interference, restriction, harassment, or coercion exercised or practiced with respect to any Employee in their workplace (including but not limited to teaching, research, office settings or any extensions of the workplace or workplace relationships) or in any matter concerning the application of the provisions of this Agreement by reasons of:
- age, race, ethnic origin, creed, colour, place of origin, ancestry, citizenship, language when related to one or more of the protected grounds under the Ontario Human Rights Code (including but not limited to accents, dialects or regionalisms)
- religious or political affiliation, activity or belief
- religious or cultural mode of apparel
- gender identity, gender expression, and gender presentation
- sexual orientation, sexual identity and sexuality
- civil, parental or family status (including de facto Unions, the adoption of a child, common law and same sex relationships)
- number of dependents
- receipt of public assistance
- record of offenses (except where the record is a reasonable and bona fide occupational requirement and therefore ground for discrimination because of the nature of the employment)
- academic orientation or school of thought (subject to Article 21.1)
- place of residence
- membership or non-membership in the Union, lawful activity or inactivity in the Union, or the exercise or non-exercise of rights under this Agreement
- actual or perceived membership in a group whose identity is determined by any of the grounds listed above
- or on any ground protected by the Ontario Human Rights Code, as amended.
These grounds shall be referred to collectively as “prohibited grounds”.
The Employer and the Union further agree that discrimination, intimidation, interference, restriction or coercion need only occur once to be subject to the definition of harassment and a grievance as per Article 13.
10.2 The Parties recognize that discrimination can be based on more than one ground, and that these grounds may intersect and produce unique experiences of discrimination. As such, the Parties further agree that interrelated actions, policies or procedures that do not have a discriminatory effect when considered individually could have discriminatory effects under Article 10 based on one or more of the grounds when combined.
10.3 Article 10.1 does not preclude any administrative policy or regulation, program or activity that aims at ameliorating the conditions of disadvantaged individuals or groups listed in article 10.1.
10.4 The Employer and the Union agree that, after consulting with the Union, the University can implement or revise policies and procedures governing discrimination. However, these policies and procedures in no way alter this Agreement unless both Parties agree otherwise. In addition, the provisions of this Agreement take precedence over University policies and procedures in all matters related to Employee status and to the workplace.
10.5 With respect to the interpretation of Article 10.1 and certain words used in the article, the Parties agree as follows:
- "Sex/Gender/Gender Identity" includes but is not limited to the right to equal treatment without discrimination, intimidation, interference, restriction or coercion because an Employee (i) is pregnant or may become pregnant, (ii) is breastfeeding or (iiI) is not cisgender (including but not limited to: transgender, non-binary, genderqueer, genderfluid, agender, intersex, Two-Spirit, etc.) where cisgender refers to a person whose assigned sex at birth matches with their gender identity.
- ”Disability” includes but is not limited to the right to equal treatment without discrimination, harassment, intimidation, interference, restriction or coercion because of any visible or invisible disability or impairment including but not limited to: physical disability, mental disability, Acquired Immune Deficiency Syndrome (AIDS), or a positive immune deficiency test (HIV) test.
10.6 The Parties agree that there shall be no discrimination on the basis of language except where the lack of language competence would clearly prevent carrying out the required duties. The Parties also agree that language requirements as set out in postings that comply with the University policies and regulations on English/French bilingualism shall not be deemed discriminatory.
10.7 The Employer will maintain a work environment in which Employees remain free from intimidation and any threats, explicit or implied that are designed to or might reasonably be understood to dissuade an Employee from exercising their rights under this Agreement.
10.8 The Employer undertakes that no Student who is or had been a member of the Bargaining Unit shall be penalized in their Student Status for the exercise of any of their rights under this Collective Agreement or by reasons of their membership or activity in the Union. It is further understood that nothing in the foregoing shall be construed so as to diminish or eliminate any academic obligation resulting from an Employee's Student Status.
10.9 Complaint Procedure
Complaints of discrimination shall follow Article 11.3, the Complaint Procedure of Harassment.
10.10 Provisions for Employees with Disabilities
The Employer shall ensure adherence to the Ontario Human Rights Code, or its successor legislation and to University Policy 119 on Accessibility which incorporates the University’s obligation under the Accessibility for Ontarians with Disabilities Act.
The Employer has the duty to accommodate any and all disabilities, as outlined in the Ontario Human Rights Code if doing so does not cause undue hardship. This includes prioritizing the dignity of the Employee throughout the accommodation process.
Members are under no obligation to disclose their disability to their Supervisor, and will receive these accommodations through the Health and Wellness Office.