Respect in the Workplace (Anti-Harassment) Policy
<Company Name> strives to create and maintain a climate of mutual respect and
understanding for all employees. Every employee has the right to work in an
environment free from harassment and discrimination. No employees may be harassed
or discriminated against because of race, ancestry, place of origin, colour, ethnic origin,
citizenship, religion, creed, sex or gender, sexual orientation, age, marital status, family
status, physical or mental disability, association or political beliefs, language or record of
offence as determined by applicable federal and provincial legislation.
This policy applies to all employees, clients, and suppliers to <Company Name>.
Discrimination
Workplace discrimination includes any distinction, exclusion, or preference based on the
protected grounds described above, which negatively impacts equality of employment
opportunity or equality of terms and conditions of employment.
Employment will not be jeopardized for employees who are absent due to short or long
term disability.
*N.B. These grounds are subject to change based on changes in legislation.
Sexual Harassment
Sexual Harassment includes conduct or comments of a sexual nature that the recipient
does not welcome or that offends him or her. This includes negative or inappropriate
conduct or comments that are not necessarily sexual in nature, but which are directed at
an individual because of his or her gender.
Both men and women can be victims of harassment, and someone of the same or
opposite sex can harass someone else. Harassment can occur between anyone, e.g.,
employees and employees; Managers and employees; Managers and Managers; and,
customers, contractors or consultants and <Company Name> staff.
Some examples of sexual harassment are*:
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Sexual advances or demands that the recipient does not welcome or want
Threats, punishment or denial of a benefit for refusing a sexual advance
Offering a benefit in exchange for sexual favour
Leering
Displaying or sharing sexually offensive material such as posters, pictures,
calendars, cartoons, screen savers, pornographic or erotic web sites or other
electronic material
Distributing sexually explicit e-mail messages or attachments such as pictures or
video files
Sexually suggestive or obscene comments or gestures
<Company Name> reserves the right to alter, modify, amend or change human resources policies at its sole discretion.
Employees will be provided appropriate notice of any changes to policy.
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Unwelcome remarks, jokes, innuendoes, propositions or taunting about a person’s
body, clothing or gender
Persistent, unwanted attention after a consensual relationship ends
Physical contact of a sexual nature, such as touching, pinching, or caressing
Sexual assault
Discriminatory Harassment
Discriminatory harassment includes comments or conduct based on the protected
grounds of the Human Rights Code, which the recipient does not welcome or that
offends him or her.
Some examples of discriminatory harassment are*:
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Offensive comments, jokes or behaviour that disparage or ridicule a person’s
membership in one of the protected grounds, such as race, religion or sexual
orientation
Imitating a person’s accent, speech or mannerisms
Persistent or inappropriate questions about whether a person is pregnant, has
children or plans to have children; or
Inappropriate comments or jokes about an individual’s age, sexual orientation,
personal appearance or weight (whether they are under or over-weight)
Psychological Harassment and Violence
Psychological harassment is bullying or humiliating behaviour that has any or all of the
following components:
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Is generally repetitive, although a single serious incident of such behaviour may
constitute psychological harassment if it undermines the recipient’s psychological or
physical integrity and has a lasting harmful effect
Is hostile, abusive or inappropriate
Affects the person’s dignity or psychological integrity
Results in a poisoned work environment
Psychological harassment should not be confused with legitimate management actions,
including measures to correct performance deficiencies or imposing discipline for
workplace infractions.
Some examples of psychological harassment are*:
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Verbally abusive behaviour such as yelling, insulting, and name calling
Persistent, excessive and unjustified criticism and constant scrutiny
Spreading malicious rumors
Excluding or ignoring someone because of what they are, based on the protected
grounds
Undermining someone else’s efforts by setting impossible goals and deadlines
Sabotaging someone else’s work
Impeding an individual’s efforts at promotions or transfers
<Company Name> reserves the right to alter, modify, amend or change human resources policies at its sole discretion.
Employees will be provided appropriate notice of any changes to policy.
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Making false allegations about someone in memos or other work related documents
Poisoned Work Environment
Even if no one is being directly targeted, harassing comments or conduct can poison the
work environment, making it a hostile or uncomfortable place in which to work; this is
also a form of harassment.
Some examples of actions that can create a poisoned work environment include*:
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Displaying offensive or sexual material such as posters, pictures, calendars, web
sites or screen savers
Distributing offensive e-mail messages, or attachments such as pictures or video
files
Practical jokes that embarrass or insult someone
Jokes or insults that are offensive, racial or discriminatory in nature
Foul language which offends under any of the protected grounds identified in the
introduction
The Test of Harassment
It does not matter whether the harassment was intended to offend the recipient. The test
is whether the harasser knew or should have reasonably known that the comments or
conduct were unwelcome.
Although it is commonly the case, the harasser does not necessarily have to have power
or authority over the victim.
*N.B. These examples are not all-inclusive but rather, serve as a guideline for the types
of behaviours which could be considered harassing or discriminatory.
Harassment and Discrimination Prevention
It is all of our mutual responsibility to ensure that we create and maintain a workplace
free of harassment and discrimination.
Managers and supervisors are expected to assist in creating a harassment and
discrimination-free workplace and to immediately contact their Manager, if they receive a
complaint of workplace harassment or discrimination or witness harassing or
discriminatory behaviour. Failure to appropriately respond to a harassment or
discrimination complaint will result in disciplinary action up to and including termination
of employment.
Each employee must do his or her part by ensuring that his or her behaviour does not
violate this policy and by acting in a manner that ensures the <Company Name> work
environment is based on respect and is free of harassment and discrimination. It is also
the responsibility of all <Company Name> employees to protect others by bringing
questionable behaviour, which could be construed as harassing or discriminating, to the
attention of the individuals involved, and/or the immediate supervisor.
<Company Name> reserves the right to alter, modify, amend or change human resources policies at its sole discretion.
Employees will be provided appropriate notice of any changes to policy.
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What to do if you are being harassed or observe an <Company Name> employee,
client, or supplier being harassed or harassing someone from outside of
<Company Name>
If an employee believes that he or she is being harassed or discriminated against, the
first thing to do is to tell the person to stop as soon as the unwelcome comments or
conduct occur. Although this may be difficult to do, telling the person that his or her
actions are unwelcome is often enough to stop the behaviour.
If an employee believes he or she has been harassed or discriminated against by
someone who is not a member of the company, e.g., a customer or supplier, it should be
reported to their Manager, immediately. Although <Company Name> has limited control
over third parties, the company will deal with the issue within its ability to mitigate the
damage and prevent further problems from arising.
If an <Company Name> employee observes another <Company Name> employee being
harassed or discriminated against (by another <Company Name> employee or someone
outside of <Company Name>), or harassing or discriminating against someone
(regardless of whether they are an <Company Name> employee or someone from
outside of <Company Name>), it is their responsibility to report the incident to their
Manager. Failure to report such an incident may result in disciplinary action up to and
including termination of employment.
Formal Procedure
If the complaint cannot be resolved through the employee telling the other person to stop
the behaviour, if the person is not comfortable communicating directly with the other
person about it or if it is too serious to handle on an informal basis, the employee may
initiate a formal complaint by contacting their Manager.
The Manager will immediately initiate an investigation into the complaint. The
investigation may be conducted by the Manager, as well as Human Resources
representatives and / or outside consultants or legal professionals.
It is <Company Name>’s policy not to investigate anonymous complains unless there
are extenuating circumstances.
Investigation Procedure
<Company Name> will commence an investigation as quickly as possible. It may
choose to use either an internal or external investigator, depending on the nature of the
complaint.
A complainant or victim is a person who believes he or she has been harassed or
discriminated against. A respondent or alleged harasser is the person who has allegedly
committed the discriminatory or harassing act.
<Company Name> reserves the right to alter, modify, amend or change human resources policies at its sole discretion.
Employees will be provided appropriate notice of any changes to policy.
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The investigation will include:
 Interviewing the complainant and respondent to ascertain all of the facts and
circumstances relevant to the complaint, including dates and locations
 Interviewing any witnesses and other parties who may be able to provide information
 Reviewing any related documentation
 Making detailed notes of the investigation and maintaining them in a confidential file
Once the investigation is completed, the investigator(s) will prepare a detailed report of
the findings.
It is the goal of <Company Name>, where possible, to complete any investigation and
communicate the results to the complainant and respondent within thirty days after the
complaint is received.
Confidentiality
Recognizing the sensitive nature of harassment and discrimination complaints,
<Company Name> will keep all complaints confidential, to the extent that it is able to do
so. Only as much information as is necessary to investigate and respond to the
complaint will be released.
Out of respect for the relevant individuals, it is essential that the complainant,
respondent, witnesses and anyone else involved in the formal investigation of a
complaint maintain confidentiality throughout the investigation and afterwards. To not do
so could result in disciplinary action up to and including termination of employment.
Corrective Action
<Company Name> will determine what action should be taken as a result of the
investigation.
The complainant and respondent will be informed of the result of the investigation and
whether (but not necessarily what) corrective measures are to be taken, if any are
necessary.
Substantiated Complaint
If a finding of harassment or discrimination is made, <Company Name> will take
appropriate corrective measures depending upon the seriousness of the situation,
regardless of the respondent’s seniority or position in the company.
Corrective measures may include one or more of the following:
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Discipline, such as verbal warning, written warning or suspension without pay
Referral for counseling (“sensitivity training”) or attendance at educational programs
on workplace respect
A demotion or denial of promotion
Reassignment or transfer
<Company Name> reserves the right to alter, modify, amend or change human resources policies at its sole discretion.
Employees will be provided appropriate notice of any changes to policy.
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Financial penalties such as the denial of a bonus or performance related salary
increase
Termination of employment with cause
Any other disciplinary action deemed appropriated under the circumstances
Non-Substantiated Complaint
If there is not enough evidence to support the complaint, corrective measures will not be
taken.
If a complaint is made in good faith and without malice, regardless of the outcome of the
investigation, the complainant will not be subject to any form of discipline. <Company
Name> will, however, discipline or terminate the employment of any employee who
brings about a knowingly false and / or malicious complaint.
Protection from Retaliation
<Company Name> will not tolerate retaliation, taunts or threats against anyone who
makes a complaint about harassment or discrimination, or against anyone who takes
part in an investigation. Any person who taunts, retaliates against or threatens anyone
in relation to a harassment or discrimination complaint may be disciplined up to and
including termination of employment.
<Company Name> reserves the right to alter, modify, amend or change human resources policies at its sole discretion.
Employees will be provided appropriate notice of any changes to policy.
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