1. Respect in the Workplace For Athabasca University 8:30a.m. to noon
Presented by:
Sushila Samy, CHRP
Samy Consulting, Edmonton, Alberta
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2. Learning Objectives
Gain knowledge of the Human Rights, Citizenship & Multiculturalism Act
Understand the importance of human rights legislation in the workplace
Know the consequences of harassment in the workplace and AU's Anti-Harassment Policy
Understand your role in assisting AU in maintaining a workplace free of discrimination and harassment
Maintaining a workplace free of discrimination and harassment in an office and a distance working environment
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3. Respect in the Workplace
What is a respectful workplace?
What are the key components to a respectful workplace?
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4. Business Case For Creating A Respectful Workplace
Demographics - changing population
Competition for talent and skills
Shortage of skilled workers
Globalization
Good business
Creativity and innovation
Positive public image
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5. Business Case For Creating A Respectful Workplace
Challenge of change
Complies with legislation
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6. Respectful Workplace Harmonious, inclusive workplace
Employees feel accepted and valued
Employees support each other
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7. Respectful Workplace
Employees are treated fairly and are free from harassment and discrimination
Everyone works together with all their differences
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8. Human Rights, Citizenship and Multiculturalism Act of Alberta
Administered by the Alberta Human Rights & Citizenship Commission
Primacy Legislation
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9. Areas Employment Job Ads/Applications Signs & Notices Services
Membership in Unions, Employer & Professional Associations
Signs & Notices
Accommodation
Tenancy
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10. Grounds Physical Disability Race Colour Ancestry Place of Origin
Religious Beliefs
Gender
Physical Disability
Mental Disability
Age
Marital Status
Family Status
Source of Income
Sexual Orientation
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11. Legislation Prohibits
Retaliation against anyone who has made a complaint, given evidence or assisted someone in making a complaint.
Making a complaint with malicious intent that is frivolous and vexatious. 45
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12. Accommodation
Provides individuals the right to participate fully in the workplace and in receiving services.
Accommodation means making changes to rules, standards, policies, and physical environment to ensure that these do not have a negative effect on individuals on the protected grounds of the human rights legislation
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13. Duty to accommodate
Accommodation balances the needs of individuals in society with that of the organization. It may cause a degree of inconvenience, disruption and expense.
Accommodation is not a courtesy: it is the law.
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14. Factors in Undue Hardship
Main considerations are:
Health
Safety
Cost - Supreme Court of Canada has ruled that the cost to the employer must be “substantial”
Difficulty in modifying the job
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15. Factors in undue hardship
Impact on rights established by collective agreement
Impact on other employees; problems of morale
Impact on the public
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16. Kinds of Harassment Harassment under the human rights code
On all grounds e.g. race, religion, disability..
Sexual harassment
General Harassment
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17. Human Rights Harassment
Illegal, based on the grounds in the Act
Offensive, degrading, unwelcome
Creates a poisoned or hostile work environment
May occur at the work-site or outside
May occur during or after work hours
Criminal offense – stalking, threats etc.
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18. Human Rights Harassment
Employer liable for harassment-free workplace
Union equal responsibility in maintaining harassment-free workplace
Intent not necessary – impact on victim
Reasonable person ought to know the behaviour is unwelcome
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19. Human Rights Harassment - Examples
Verbal
Unwelcome remarks about a person’s appearance, jokes, taunting, name-calling
Unwelcome comments about an individual’s personal life
Verbal abuse
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20. Human Rights Harassment - Examples
Non-Verbal
Display of racist or offensive picture, drawings, signs and posters
Offensive gestures
Physical assault
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21. Sexual Harassment Form of gender discrimination
Offensive, degrading, unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victim of the harassment
Explicit or implicit and is a term or condition of employment
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22. Sexual Harassment Quid Pro Quo - Something for Something
Hostile or Poisoned Work Environment – offensive, intimidating
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23. Sexual Harassment - Examples
Verbal
Sexual remarks, gestures, jokes,
Compromising invitations or requests
Over-friendly terms – babe, sweetheart, honey
Unwelcome inquiries or comments about sex life, physical attributes
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24. Sexual Harassment - Examples
Non-Verbal
Display of sexually offensive material
Unwelcome leering, ogling or wolf-whistling
Hugging, touching, pinching, patting
Sexual assault (criminal offense)
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25. General Harassment Under AU policy:
series of objectionable and unwelcome comments or actions directed towards a specific person or group of persons that serves no legitimate work or academic purposes
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26. General Harassment - Examples
Unwelcome behaviour - demeaning or causing offense
Creates an intimidating, hostile or offensive environment
Demeaning remarks, threats or verbal abuse,
Patronizing comments
Emotional abuse and bullying
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27. Employee Responsibility
Help employer create a respectful, inclusive workplace free of harassment and discrimination
Don’t be a participant in any harassing behaviour
Be a witness to a complaint, if necessary
Report to the manager, if you see harassment
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28. Employee Responsibility
If you are being harassed:
Make it clear the actions are unwelcome
Keep a written record of the incident(s)
Inform contact person identified in the policy
Inform the manager, if necessary
Don’t ignore harassment
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29. Employer Responsibility
Maintain a harassment-free workplace – zero tolerance for harassment
Establish policy
Post policy and ensure employees are aware of it
Educate all staff on
preventing harassment
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30. Employer Responsibility
Ensure supervisors & managers understand responsibility in preventing and dealing with harassment
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31. Zero Tolerance
“Zero tolerance means that any form of racism and sexism, whether overt or covert is unacceptable. In a zero tolerance environment, people are held to a high level of accountability for their behaviour, including their stereotypes, their language in the workplace, their commitment to hones and open dialogue and their positive treatment of other regardless of race or gender.” John Fernandez: Race, Gender and Rhetoric
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32. Dealing with a Complaint
Act quickly and correct problems.
Take seriously any complaint you receive.
Investigate, if necessary, even if no formal complaint has been filed.
Keep the employee informed.
Take appropriate disciplinary action, when necessary.
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33. Consequences of Harassment
Legal
Employer liability – responsible for harassment-free workplace
Grievance
Wrongful Dismissal
Complaint to Commission
Liable for workplace bullying and violence
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34. Consequences of Harassment
Business
Poor public relations and image
Productivity loss
Stress, absenteeism
Staff turnover
Poor employee morale
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35. Consequences of Harassment
Financial
Lost wages, lawyers fees, counselling fees
Compensation for injury to dignity and self-respect
Panel costs
Investigation costs
Hiring and training new employees
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36. Filing a complaint One or more grounds One area
Filed within 12 months of last discriminatory act
Reasonable grounds
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37. Complaint Process Complaint Filed - Complaint Form Conciliation
Investigation
Panel
Court System
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38. Respect in the Workplace
I can help create a respectful workplace by:
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