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Policy
The purpose of this policy is to prevent discrimination and harassment and to provide a remedy for
when it occurs. DCAFS endeavours to create a climate of understanding and mutual respect
recognizing the dignity and worth of every individual.
To enhance the dignity and self worth of its employees and to support organizational health and
wellness, the Agency is committed to providing a workplace that is free of discrimination and
harassment, including sexual discrimination and harassment, and to ensuring that a poisoned work
environment is not permitted to take root.
Every employee has the right to freedom from discrimination and harassment in the workplace on
the basis of age, race, creed/religion, colour, sex, sexual orientation, marital status, family status
(including pregnancy), ethnic origin, citizenship, ancestry, place of origin, physical or mental
disability and record of offence. These are all defined as prohibited grounds under the Ontario
Human Rights Code.
There are, however, some exceptions. The Agency has the right to ensure that an employee can
perform the essential duties of a particular job. The Agency also has the duty to accommodate an
employee with particular needs to the point of undue hardship (for example if an employee is
hearing impaired, it would not be undue to hardship to provide an amplified telephone).
Consistent with its legal responsibilities, the Agency will treat any complaint of workplace
discrimination or harassment as a serious matter which may be cause for termination of
employment for an employee, termination of a foster parent agreement, termination of services in
the case of a volunteer or student, if found to have carried out an act(s) of discrimination or
harassment . This includes any other persons with whom Agency employees conduct their work
(i.e. suppliers, clients).
Anyone who brings forward a legitimate complaint of discrimination or harassment will not receive
any form of reprisal. A person who is found to have frivolously or intentionally made a false
accusation may receive corrective action up to and including the termination of employment.
Any investigation will proceed in a professional, unbiased, fair and timely manner and will maintain
confidentiality where possible. The process will aim to preserve the dignity, self respect and rights
of all parties.
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This policy is not intended:
to inhibit normal, respectful interaction between individuals, or
to interfere with constructive evaluation/feedback of performance.
Notwithstanding the existence of this policy, every person has the right to seek assistance from the
Ontario Human Rights Tribunal and /or exercise any available legal rights.
Approved by the Board of Directors
CreatedOctober17,1995
RevisedJune24,2009
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FREEDOM FROM WORKPLACE DISCRIMINATION &
HARASSMENT FOR EMPLOYEES, FOSTER PARENTS &
VOLUNTEERS
Definitions
Harassment is a form of discrimination and it is illegal. According to the Ontario Human Rights
Code, “every person who is an employee has a right to freedom from harassment in the workplace
by the employer or agent of the employer or by another employee because of race, ancestry, place
of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, family
status or disability.”
Workplace harassment is unacceptable behavior, conduct or comments based on a prohibited
ground that is known or ought reasonably to be known to be unwelcome. Workplace harassment
may occur between individuals regardless of position and between individuals and agency partners,
clients or members of the public. It can be a single event, or a pattern of incidents that occur over
time and contribute to a poisoned environment.
Workplace is defined as:
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the physical office or any other work site where the business of the Agency is being carried
out:
settings where work related activities are being carried out such as conferences, training
sessions, business travel and Agency-sponsored social and promotional events;
any other location where the prohibited behavior may have a subsequent impact on the
work relationship, environment or performance.
Workplace Harassment is not:
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appropriate evaluation, direction or discipline by a member of Management;
stressful events associated with the performance of legitimate job requirements.
Examples of Harassment
1. Physical Harassment:
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persistent leering (suggestive staring) or other obscene/offensive gestures;
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unwanted and inappropriate physical contact such as touching, kissing, patting, pinching,
brushing up against a person;
sexual assault.
2. Verbal Harassment:
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racial or ethnic slurs including derogatory nicknames;
unwelcome remarks, jokes, innuendos or taunting based on a person’s physical attributes,
age, marital status, gender, ethnic/racial origin, religion, accent or disability;
unwelcome indirect or explicit sexual remarks or requests.
3. Documented Harassment:
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posters or calendars that are sexual in nature;
any material created, accessed, stored or distributed by way of the Computer System which
make vexatious comments or describes vexatious conduct based on a prohibited ground;
any printed material including but not limited to letters, notes and memorandum which make
vexatious comments or describes vexatious conduct based on a prohibited ground.
4. Misuse of Authority:
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misuse of power based upon irrelevant factors such as race, colour, age, sex, marital
status, sexual orientation, disability;
granting employment benefits in exchange for sexual acts.
5. Racial Harassment:
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display of racist or derogatory pictures or material;
written or verbal remarks, slurs, references, jokes or stories on the basis of a person’s
colour, place of birth, citizenship, ancestry, customs, dress, and/or religion
6. Psychological Harassment:
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any vexatious behavior that is repetitive in the form of hostile or unwanted conduct;
verbal comments, actions or gestures, that affect any employee’s psychological or physical
integrity and that results in a harmful work environment;
 Notwithstanding this, psychological harassment must not be confused with the normal
exercise of the Employer’s management rights, in particular the Employer’s right to assign
tasks, and the right to take disciplinary action.
The Ontario Human Rights Code contains a separate section which specifically prohibits sexual
harassment. Sexual harassment is defined as any unacceptable behavior, conduct or comments of
a sexual nature that is known or ought reasonably to be known to be unwelcome. Sexual
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harassment can occur between two individuals of the same or different gender. Sexual harassment
creates an intimidating, hostile or uncomfortable work environment.
Sexual harassment may include, but is not limited to:
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suggestive remarks;
inappropriate posters, images, photos, cartoons, e-mails, screensavers;
leering;
inappropriate notes;
repeated, unwanted social invitations or advances;
inquiries about a person’s sex life;
sexual suggestions or innuendoes;
requests for sexual favors, propositions;
unwelcome physical contact, such as pressing against someone, touching, hugging, kissing,
patting, pinching, assault.
This policy on sexual harassment is not intended to interfere with normal, respectful social
interaction between individuals.
Reprisal is defined as a retaliatory or disciplinary act against a complainant, respondent, witness,
decision-maker or investigator.
Poisoned Work Environment is characterized by activities, or behavior(s) not necessarily directed
at anyone in particular but that create a hostile or offensive workplace.
Discrimination is defined as denial of equal treatment and opportunity to individuals or groups with
respect to employment (ex. hiring, compensation, promotion, termination and any other
employment related decisions). The denial of equal treatment is based upon one or more of the
prohibited grounds (except where such conduct is permitted under the Ontario Human Rights
Code), rather than individual merit or performance. Discrimination can be intentional or
unintentional, direct or indirect but the result is that it has an adverse impact on the individual(s)
Intentional Discrimination, based on prohibited grounds under the Ontario Human Right Code,
include as follows:
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sexism;
racism;
ageism;
creedism;
heterosexism or homophobia;
ableism;
nationalism
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Note, however, that intentional discrimination may also be based on the following which are
NOT designated as prohibited grounds under the Ontario Human Rights Code:
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colonialism;
maternalism;
paternalism;
protectionism.
credentialism;
favouritism;
classism;
nepotism;
sizism
Unintentional discrimination is the systems and practices that people customarily and often
unwittingly adopt that may have an unjustifiably negative effect on certain groups in society.
Unintentional discrimination may include, but is not limited to:
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seniority;
entitlement;
inflexible systems;
referral systems (who you know);
old boys network;
new girls network;
non bona-fide job requirements;
biased tests and interviews;
limited advertising;
unfair communication systems; and/or
corporate culture, “fit”.
This policy regarding intentional/unintentional discrimination is not intended to interfere with the
legitimate, unbiased and fair business practices.
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Procedure
1. Agency Management has a duty and responsibility to:
a. foster and monitor a work environment that is free from harassment, sexual harassment
and discrimination;
b. make all Agency staff members aware of this policy;
c. prohibit reprisal or threats against any staff member who makes use of this policy or the
complaints procedure in seeking information or making a complaint;
d. investigate every informal and formal complaint of harassment, sexual harassment and
discrimination brought to their attention;
e. provide advice and support to persons who are subjected to harassment, sexual
harassment and discrimination and to alleged offenders;
f. make reasonable accommodation for a person who is subject to an abusive work
environment;
g. when necessary, impose strict disciplinary measures (up to and including dismissal) for
substantiated complaints of harassment, sexual harassment or discrimination, regardless of
who the offender might be;
h. support and assist any person who makes a complaint of harassment, sexual harassment
or discrimination by a person who is not a staff member of the Agency;
i. maintain records as required;
j. take action pursuant to this policy when they become aware of a disrespectful environment
within their work group;
k. regularly review this policy.
2. Agency staff, volunteers and foster parents and Board members have a duty and responsibility
to:
a. promote and adhere to the principles of this policy to ensure a work environment free from
harassment, sexual harassment and discrimination;
b. treat one another with dignity and respect;
c. consult on potential situations of harassment, regardless of their position in the Agency.
Informal/Self-Help
3. If a person considers that he/she has been subjected to harassment, sexual harassment,
discrimination or retaliation for having brought forward a complaint, the person should, if
possible:
a. approach the person responsible and advise that person to stop the offensive conduct;
and/or
b. tell the individual why the conduct is offensive (this can be verbal, by letter, or by giving or
sending a copy of this policy); and
c. document the complaint and keep a record detailing the incident (include name of person
involved; what was said or done; possible witnesses; and the date, time and location).
OR
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4. If uncomfortable in bringing the matter directly to the attention of the person responsible, or
where such an approach is attempted and does not produce a satisfactory result:
a. the person should contact his/her Manager, the Manager of Human Resources, or the
Executive Director.
5. Due to the importance of maintaining a work environment free from discrimination, harassment
or any other affront to human dignity, any member listed above who is approached with or
becomes aware of any allegation of discrimination or harassment must consult with the
Executive Director or designate who will assist in determining if an investigation is warranted.
6. The complainant will be advised by the Executive Director of designate of the options for
proceeding with the complaint, including informal resolution of the complaint (using mediation,
negotiation and conflict resolution techniques to resolve the complaint), as well as the Formal
Complaint Procedure.
Formal Complaint
7. If the complaint cannot be resolved informally, or when the harassment, sexual harassment or
discrimination continues, the complainant may:
a. make a written complaint to the Executive Director, within six months of the occurrence of
the alleged incidents. If the complainant has not confronted the harasser, the Executive
Director will first determine if it is feasible to do so, and may encourage the complainant to
speak with the person alleged to have committed the act of discrimination or harassment,
before taking further action; and/or
b. pursue a complaint under the Ontario Human Rights Code; and
c. discuss any aspect of the complaint or attempted resolution at any time with the Executive
Director; and
d. request the support of another person at any investigative meeting.
8. If the complainants Manager is the person alleged to have committed the act of discrimination
or harassment, the complainant may approach another senior member of Management with the
complaint.
9. If a complaint is being made regarding the Executive Director, the complaint will be filed with the
President of the Board. The Board President, or person designated by the President, will
coordinate the investigation (as outlined below) or arrange for an outside consultant, selected
by the President, in which case the Executive Director is to be replaced by the
President/Consultant throughout the procedure. Where the complaint concerns the behaviour
of the President, the matter will be reported to the Exec. Committee (excluding the president) or
an outside consultant.
10. Staff who bring forward complaints of harassment should have kept a record of the harassment
in support of the complaint. However, failure to record the events will not invalidate the
complaint but may make the investigation less effective. Information that would be useful in
investigating the complaint includes, but is not limited to:
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(i) when the alleged harassment started;
(ii) the dates, time and location of events;
(iii) what happened;
(iv) the alleged harasser’s response if confronted;
(v) the names of any witnesses; and
(vi) any threats of reprisal by the alleged harasser.
11. The Executive Director:
a. will coordinate the investigation and will select another Manager to assist with the
investigation. Where available, a female Manager will be selected in cases of sexual
harassment involving a female victim and likewise with a male victim;
b. meets with the complainant, within two business days, to clarify the complaint if necessary
and explains that:
the investigation will be kept as confidential as possible; and
a written complaint implies consent to proceed with the investigation;
c. meets with the alleged offender, within three business days of the meeting with the
complainant, to inform him/her of the alleged incident(s) based on the written complaint, and
allows the alleged offender the opportunity to respond;
d. investigates the complaint through further interviews with the complainant, alleged offender
and any relevant witnesses as appropriate;
e. meets with the complainant and the alleged offender individually or together as appropriate,
to attempt to achieve a satisfactory resolution to the complaint wherever possible.
12. The person alleged to have committed the act of discrimination or harassment may have
another support person with him/her during the interview(s).
13. The Executive Director may, giving consideration to the nature of the incident, elect to suspend
the person alleged to have committed the act of discrimination or harassment pending the
completion of the investigation.
14. The Executive Director may ask those involved in the investigation to provide written
statements.
15. If the Executive Director believes that that the investigation confirms, on the balance of
probabilities, that harassment or discrimination has occurred the Executive Director will take
immediate and appropriate corrective action according to HR policy Progressive Discipline to:
a. end the harassment;
b. make the complainant whole by restoring lost benefits or opportunities, where appropriate;
and;
c. prevent the harassment from recurring.
16. Resolution may include, but is not limited to, a formal apology to the complainant, appropriate
counselling for those involved, discussion with the alleged offender regarding expected and
appropriate workplace behaviour and responsibilities, or dismissal.
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17. The complainant and the person alleged to have committed the act of discrimination or
harassment are informed in writing of the outcome of the investigation by the Executive
Director.
18. If the investigation confirms the allegations, the information from the investigation is filed in the
employees Human Resource personnel file.
19. If not satisfied with the final decision, the complainant and the person alleged to have
committed the act of discrimination or harassment may appeal the results of the investigation by
submitting a Grievance to the Executive Director (See Grievance & Complaint Resolution).
a. Letters of appeal must be delivered to the Executive Director within 30 days of the
investigation results.
b. The Grievance process would begin with Step 4 of the procedure (See Grievance &
Complaint Resolution).
20. Following the investigation, Management monitors the workplace after the incident in order to
ensure that the recommended measures are upheld, the actions do not recur and that the work
environment continues to be positive and productive.
21. If the investigation does not substantiate the allegation, the Executive Director will:
a. terminate the investigation; and
b. advise both the complainant and the alleged offender;
c. file the information in each staff member’s personnel file.
22. A person who is found to have intentionally made a false accusation may receive disciplinary
and corrective action up to and including termination of employment. Disciplinary action will be
dealt with in accordance with HR policy Progressive Discipline. Disciplinary and corrective
action may be taken in cases where the complainant is found to be frivolous or malicious.
23. Despite this policy, any staff, foster parent or volunteer may seek advice or assistance from the
Ontario Human Rights Commission regarding concerns pertaining to employee harassment.
24. While every effort shall be made to resolve complaints through the internal processes available,
if the complainant is not satisfied with the outcome from the internal processes, he/she may
have the option to take their complaint to external sources including the Human Rights Tribunal
of Ontario (Their website is www.ohrc.on.ca and you can e-mail them at info@ohrc.on.ca or call
them at 1-800 387-9080) or other legal avenues.
Confidentiality
25. Everyone involved in a complaint under this policy has a responsibility to ensure confidentiality
in order to respect the right to a fair process for the complainant and the person alleged to have
committed the act of discrimination or harassment, and to ensure that personal harm and
damage to reputation do not occur through breaches of confidentiality.
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Procedure
Dated:
Approved by:
created
revised
reviewed
June22,1995
GaryPutman–ExecutiveDirector
created
revised
reviewed
June25,2009
TrishKeachie–ExecutiveDirector
created
revised
reviewed
created
revised
reviewed
References
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Ontario Human Rights Code
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