Title DISCRIMINATION AND HARASSMENT
POLICY
Document # HR-J1
Section Human Resources Revision # NEW
Application
Issued By
Employees/Volunteers
Executive Director
Issue date
Replaces
July 1 2014
N/A
Approved By Board of Directors
Bethell Hospice is committed to providing and maintaining working conditions free of personal/sexual harassment and discrimination. It expects all who work on its behalf to take responsibility in supporting this commitment and reporting any actual or potential breeches they witness. The workplace includes all locations and situations (on and off Bethell Hospice premises) where business and/or social activities of the hospice are conducted.
Bethell Hospice believes that every person has the right to receive fair treatment. Actions that discriminate on the basis of race, gender, ethnicity, financial ability, sexual orientation, religion, education, disability or age are expressly forbidden. Bethell Hospice adopts and upholds the Ontario
Human Rights Code that exists to protect everyone in Ontario from discrimination and harassment.
This policy applies to any location considered to be a Bethell Hospice workplace. Workplace includes all locations where Bethell Hospice operates and official Bethell Hospice social and business events.
Discrimination:
 the result (impact) of treating a person unequally by imposing unequal burdens or denying benefits, rather than treating the person fairly on the basis of individual merit; it is not necessary to have intent

 to discriminate under the Ontario Human Rights Code direct discrimination refers to any form of unequal treatment, based on the above prohibited grounds, that takes place on the job; it can occur when an employer adopts a practice or rule that discriminates on a prohibited ground indirect discrimination takes place through another person or other means
Harassment:
 a form of discrimination and is defined as comments or actions that are unwelcome or should be known to be unwelcome
 while harassment usually requires a pattern of unwelcome comments or conduct, there may be circumstances in which a single incident of inappropriate behaviour is so serious as to create a poisoned environment
 it is important to understand that harassment can occur whether or not the inappropriate comments or conduct occurs directly to another person, face-to-face, or in the absence of the other person
 as with discrimination, harassment does not have to be intentional
Examples of Harassment:
 Personal Harassment
 any behavior in the form of repeated and hostile conduct, inappropriate verbal comments, actions or gestures based on a protected ground, which are known or ought to be reasonably known to be unwelcome, and results in harmful work environment for the employee

Title DISCRIMINATION AND HARASSMENT
POLICY
Document # HR-J1
Section Human Resources Revision # NEW
Application
Issued By
Employees/Volunteers
Executive Director
Issue date
Replaces
July 1 2014
N/A
Approved By Board of Directors

 any behavior in the form of repeated and hostile conduct, verbal comments, actions or gestures, which are known or ought to be reasonably known to be unwelcome, that negatively affects an employee’s dignity, psychological and/or physical integrity, an results in a harmful work environment for the employee
Sexual Harassment:
 means that someone is bothering you by saying or doing unwanted or unwelcome things of a sexual or gender-related nature: o touching you inappropriately o making offensive jokes or remarks about women, men or transgender o making sexual requests or suggestions o staring at or making unwelcome comments about your body o displaying sexually offensive pictures o being verbally abusive to you because of your gender
Sexual harassment does not have to be sexual in nature. It can also mean that someone is bothering you simply because you are a man, woman or transgender. Making stereotypes about one gender or the other can be a form of sexual harassment
 Racial Harassment:
 means that someone is bothering you, threatening you or treating you unfairly because of your race, color, or ancestry. Racial harassment may also be connected to where you were born, your religious beliefs, your ethnic background, citizenship, or even your language. Racial harassment can happen when someone: o makes racial slurs or jokes o ridicules or insults you because of your racial identify o puts up cartoons or pictures that degrade persons of a particular racial group o calls you names because of your race, colour, citizenship, place of origin, ancestry, ethnic background or creed
 Interpersonal Relationships:
 Bethell Hospice is committed to providing a work environment that is free of personal harassment, workplace conflict and bullying
 it is the responsibility of every employee/volunteer to sustain a positive work environment by always acting in an appropriate manner
 any unprofessional behavior that is a personal confrontation to another employee/volunteer will not be tolerated

 workplace bullying is defined as the use of strength or power to coerce others by fear, intimidation, exclusion, or isolation, to persecute or oppress by force or threat, behaviour that adversely impacts or is likely to offend, humiliate, belittle, or which is ridiculing, degrading or malicious abuse of power happens when a Bethell Hospice employee/volunteer abuses or misuses their power and discretion for personal benefit, or in benefit of another person

Title DISCRIMINATION AND HARASSMENT
POLICY
Document # HR-J1
Section Human Resources Revision # NEW
Application
Issued By
Employees/Volunteers
Executive Director
Issue date
Replaces
July 1 2014
N/A
Approved By Board of Directors
*Abuse of power, for the purposes of this policy, includes situations involving a minor, situations that involve a reporting relationship, or any situation that includes an accusation from a client against an employee or volunteer who is providing a service upon which the client depends. Incidents that involve an abuse of power are considered by Bethell Hospice as being, generally, of a more serious nature than peer-to-peer situations.
This policy is in addition to the harassment and discrimination prohibited by the Ontario Human Rights
Code.
All employees and volunteers are responsible for contributing to a positive work environment and for identifying and discouraging comments or activities that are contrary to this policy. This includes advising people or the alleged harasser that their behaviour is unwelcomed. Where a situation occurs or where an employee or volunteer believes a situation has occurred, they are obligated to report it to their
Manager.
If a situation occurs which involves their Manager, or if their Manager does not intervene appropriately, the employee/volunteer may report the situation to the Executive Director.
Properly discharged managerial responsibilities including disciplinary action are not considered discrimination or harassment.
If the situation involves the Executive Director, the employee is encouraged to report the circumstances to the Board Chair/delegate.
If informal attempts at resolving the issues are not appropriate, or proving to be ineffective, a formal complaint may be filed.
Complaint Process:
Definitions:
Mediator:
 an impartial, neutral party, without decision-making powers, whom both parties accept. The mediator could be any internal or external party with effective interpersonal skills that has an interest in facilitating resolution. The goal of mediation is to assist both parties to reach a mutually beneficial agreement
Investigator:
 is utilized where mediation is not appropriate or fails. An investigator must be a well-trained individual who is able to conduct a formal process with clear documentation. An investigator will not have a reporting line or personal relationship/connection with either the complainant or alleged harasser.
Bethell Hospice, to the best of its ability, will endeavour to seek an investigator outside of the organization, possibly accessing pro bono services through a consulting service
Prevention is always the first line of defense against occurrences of discrimination and harassment. All employees and volunteers are reminded of their obligation to follow Bethell Hospice`s Code of Conduct and to adhere to policies and procedures aimed at ensuring a positive work environment and the highest level of care for clients. Beyond this, there is a duty upon all to prevent harassment by discouraging inappropriate activities and by reporting incidents in accordance with this policy.

Title DISCRIMINATION AND HARASSMENT
POLICY
Document # HR-J1
Section Human Resources Revision # NEW
Application
Issued By
Employees/Volunteers
Executive Director
Issue date
Replaces
July 1 2014
N/A
Approved By Board of Directors
Everyone has the right to:
 an environment that is free from harassment
 file a complaint when the environment is not free from harassment
 be informed of complaints made against them
 obtain an investigation of the complaint without fear of embarrassment or reprisal
 have a fair review
 be kept informed throughout the process and of remedial action taken
 a fair appeal process for both the respondent and complainant
 confidentiality to the degree possible under the circumstances
 representation by a third party
Bethell Hospice has the responsibility to ensure the safety and health of all those who come in contact with Bethell Hospice, whether as clients, volunteers, employees or suppliers.
Bethell Hospice is obligated to take all complaints seriously by:
 using due diligence, which is the obligation to take reasonable measures to provide appropriate service
 maintaining an environment in which equity is practiced
 identifying and removing all barriers to employment and advancement if such barriers exist,
 especially with respect to “designated” groups such as women, aboriginal people, persons with disabilities and persons who are, because of their race and colour, a visible minority in Canada making decisions about employment, including transfers and promotions, based on the essential skills, capabilities, knowledge and experience required for the job
 being familiar with the harassment policy and following it closely
 following the process without bias
 documenting all information from the first disclosure to the final resolution
 recording only relevant facts without emotion
 signing and dating all documents
 using common sense
Employees and volunteers must read and comply with the policy and report suspected cases of harassment, following the complaint procedure.
Managers are expected to eliminate all aspects of the work environment that are not in keeping with this policy, whether or not a complaint has been made.
The Executive Director or designate will:
 advise parties of the process and legal parameters
 facilitate communication between parties with a view to resolving conflict
 coach parties as required



 ensure that the process is followed within the prescribed time frame arrange for investigation, mediation or expertise, as required coordinate the follow up actions maintain original copies of all documentation pertaining to the resolution of differences

Title DISCRIMINATION AND HARASSMENT
POLICY
Document # HR-J1
Section Human Resources Revision # NEW
Application
Issued By
Employees/Volunteers
Executive Director
Issue date
Replaces
July 1 2014
N/A
Approved By Board of Directors
 educate employees and volunteers on the application of this policy
 immediately inform the Board of Directors of all written complaints of harassment and their resolution
The mediator will:
 determine the parties’ wishes and needs

 establish the ground rules for the discussions, with all parties agreeing to the rules explore with the parties different ways to get what each party needs and thus resolve the complaint
The investigator will:
 promptly make arrangements for a thorough and unbiased investigation to be conducted in as timely and confidential a manner as possible
 inform all parties of their rights and responsibilities
 secure all complaints and responses in writing, with dates, names, witnesses and full descriptions of

 the incident(s) interview the parties involved and any witnesses to the behaviour, if necessary
 notify any individual interviewed of their right to be accompanied by the representative of their choice keep the parties to the complaint informed during the process, including providing the alleged harasser with full particulars of the allegations and a copy of the written complaint. An individual accused of discrimination or harassment will be entitled to respond to the complaint and may wish to offer their perspective regarding the allegations and/or present a proposal for resolution
 prepare a written report to the Executive Director outlining the allegations of the complainant, the response of the alleged harasser, the evidence of any witnesses, and the conclusion reached
Actions may include:
 verbal or written apologies
 a letter of reprimand or suspension

 sensitivity training
 termination of employment and/or volunteer activity
 a referral to counseling referral to police or other legal authorities
 other appropriate sanctions
Appeal Process:
Either the complainant or alleged harasser may, within thirty (30) days of being notified of the action, submit an appeal, in writing, to the Chair of the Board of Directors. In the event that the Chair determines that further investigation is required, any additional findings shall be disclosed to the parties, who will be provided with an opportunity to respond. The Chair will then review the record and determine whether or not a violation of the policy has occurred.

Title DISCRIMINATION AND HARASSMENT
POLICY
Document # HR-J1
Section Human Resources Revision # NEW
Application
Issued By
Employees/Volunteers
Executive Director
Issue date
Replaces
July 1 2014
N/A
Approved By Board of Directors
Confidentiality:
Complaints of harassment will be received and investigated in a confidential manner in accordance with the procedures, including prescribing corrective action. Information that must be shared will be disclosed on a ‘need-to-know’ basis.
Any allegation or complaint of discrimination, harassment or sexual harassment will be considered personal information ‘supplied in confidence’. The name of the complainant or the circumstances of the complaint will not be disclosed to any person except where disclosure is necessary for the purpose of investigating the complaint.
Strict confidentiality cannot be guaranteed to anyone who wants to make a complaint of harassment. If a complaint goes through an investigation, the respondent and other people involved will have to learn about the complaint. The complainant can be assured that only people who ‘need-to-know’ will be told of the complaint.
No investigation information is to be kept on the employee/volunteer’s personnel file with the exception of official disciplinary/termination papers. Similar to problem resolution cases, harassment investigation information should be kept indefinitely in a separate file with the Executive Director. Proven allegations of harassment or sexual harassment, including disciplinary action taken shall be documented and form part of the employee/volunteer’s permanent record.
Disciplinary Action:
Harassment by an employee or volunteer is a serious offence. If an accusation is substantiated, the harasser may be subject to disciplinary action, up to and including termination. Intentionally accusing someone of harassment, known to be false, is a serious offence and is subject to disciplinary action.
Bethell Hospice reserves the right to discipline those whose complaints are frivolous or unwarranted. Any interference with the conduct of an investigation, or retaliation against a complainant, respondent or witness, may itself result in disciplinary action. Criteria in determining level of disciplinary action shall be based on each scenario and will take into account harm to the individual, harm to Bethell Hospice and its reputation, and whether or not there was an unequal power relationship. Where the conduct involves, or may involve, criminal activity, Bethell Hospice reserves the right to refer to a police authority who may decide to invoke criminal charges.
Human Rights Commission:
Nothing in this policy shall be deemed to limit the right of an employee or volunteer to seek assistance from Ontario’s Human Rights Commission.
Special Circumstances:
In the event that any of the parties to an allegation is the Executive Director, the complainant may, at their option, elect to have a member of the Board of Directors fulfill the role contemplated in these procedures for the Executive Director. All of the other provisions of these procedures shall remain in effect.

Title
Section
Application
Issued By
Approved By
DISCRIMINATION AND HARASSMENT
POLICY
Human Resources
Employees/Volunteers
Executive Director
Board of Directors
Ontario Human Rights Code
Code of Conduct
Conflict and Dispute Resolution
Dispute Resolution
Document #
Revision #
Issue date
Replaces
HR-J1
NEW
July 1 2014
N/A