Loading...
HomeMy WebLinkAboutHuman Rights and Harassment Policy with Instructions and Form f l tl 0 { I Cape Breton Regional Municipality Human Resource Services Policy Category: Employment Ref: Approved By Council: March 12, 2019 Page: 1 of 6 Amended: Human Rights and Harassment Policy PURPOSE The Cape Breton Regional Municipality is committed to providing a work environment in which all individuals are treated with mutual respect and dignity. The CBRM also recognizes that employees have the right to work in an environment that is free from harassment as prohibited by the NS Human Rights Act. This Policy sets out guidelines for the reporting, investigating and resolving of Complaints of harassment in an effort to ensure a respectful workplace for everyone. SCOPE This policy applies to all CBRM employees and elected officials. This Policy applies to the workplace itself, and to work-related events. It includes harassment involving CBRM employees that happens away from the workplace or after regular working hours,where the harassment has a negative impact on the workplace. Harassment of employees by volunteers, members of the public, contractors, and those doing business with the CBRM is also prohibited. DEFINITIONS Harassment is a form of discrimination, and is prohibited by the NS Human Rights Act. It is defined as behaviour that a reasonable person would find unwelcome, has a negative impact on the workplace, and is related to any of the characteristics which are listed as prohibited grounds of discrimination in the NS Human Rights Act, namely: • age; • race; • colour; • religion; • creed; • sex; • sexual orientation; • gender identity; • gender expression; • physical disability or mental disability; • an irrational fear of contracting an illness or disease; Cape Breton Regional Municipality Corporate Policy Human Rights & Harassment Policy a g e 2 • ethnic, national or aboriginal origin; • family status; • marital status; • source of income; • political belief,affiliation or activity; • Association with another individual or class of individuals having characteristics referred to above. (the"Prohibited Grounds"). Harassment can, depending on the seriousness of the behaviour, consist of a single incident or a number of incidents. It can be directed at one person, or it can involve a number of individuals. Behaviour does not need to be intentional in order to be considered harassment, although intention may be relevant in assessing the severity of the behaviour.Some examples of harassment include, but are not limited to: • Unwelcome, offensive remarks, jokes slurs, or innuendo related to any of the Prohibited Grounds; • Unwelcome, offensive behaviour related to gender identity, gender expression or perceptions of sexual orientation or gender; • Displaying or distributing derogatory or offensive pictures, graffiti or other materials related to any of the Prohibited Grounds, including but not limited to racist., sexist, or homophobic materials; • Refusing to interact or communicate with persons because of any of the Prohibited Grounds; • Unwelcome, offensive communications related to a Prohibited Ground sent by any means., including email or other electronic transmission; • Unwelcome, offensive behaviour related to a Prohibited Ground, where tolerance of the behaviour is explicitly or implicitly made a term of employment or a consideration in job- related decisions; • Unwelcome, offensive behaviour related to a Prohibited Ground that creates an intimidating, hostile,offensive or poisoned workplace environment; • Unwelcome,offensive comments that are sexual in nature; • Unwelcome, physical contact,such as touching., patting or pinching. Harassment under this Policy does not include conduct that a reasonable person would find welcome or neutral. This Policy is not intended to curtail welcome, appropriate workplace interaction. Some examples of conduct that is not harassment include, but are not limited to: • Welcome, mutually consensual relationships or social invitations that do not involve inappropriate or offensive behaviours, intimidation, explicit or implicit threat of retaliation, or misuse of power; • The exercise of the CBRIVI's right to direct the workforce, including supervising, managing and giving appropriate and legitimate performance feedback,coaching,and discipline; • Bona fide qualifications or occupational requirements established by the CBRIVI as contemplated in s.6(f)of the Nova Scotia Human Rights Act In cases where harassment is not related to a prohibited ground under the Nova Scotia Human Rights Act,it will be governed by the Respectful Workplace Policy. POLICY STATEMENTS Cape Breton Regional Municipality Corporate Policy Human Rights & Harassment Policy a g e 3 1 General CBRM employees shall not be subjected to,and shall not subject another individual to, harassment as it is defined in this policy. 2 Roles and Responsibilities 2.1 The Cape Breton Regional Municipality The CBRM has the primary responsibility to establish and maintain a work environment free of harassment as defined in this Policy. 2.2 Supervisory Staff and Managers Supervisors, Managers and Department Heads have an essential role in preventing and resolving harassment issues.Their primary responsibilities with respect to harassment are to: • ensure staff is provided with information about and access to policies and procedures related to harassment; • model appropriate behaviour; • monitor the workplace for incidents of harassment; and • intervene promptly and appropriately when they know, or ought reasonably to know, that harassment is occurring. 2.3 Employees All employees have a responsibility to refrain from harassment as defined in this Policy. 3 Harassment Complaint Procedures 3.1 General The CBRM's procedures for addressing harassment Complaints are designed to be flexible,timely and accessible.The CBRM provides both an informal and formal process to resolve harassment Complaints. An individual who believes he or she is being harassed (the"Complainant") may consult an HR Director or designate,who can assess whether the Complaint falls under this Policy and discuss possible courses of action. Concerns about harassment should be raised as soon as reasonably possible.The time limit for filing a Complaint under this Policy is 6 (six) months from the time of the last alleged incident of discrimination or harassment. Exceptions may be made in extenuating circumstances. Some of the options available may include: • the Complainant discussing her or his concerns directly with those involved; Cape Breton Regional Municipality Corporate Policy Human Rights & Harassment Policy [ 4 • having an appropriate party assist the Complainant in discussing concerns with those involved.An appropriate party could include a supervisor, manager., department head, human resource consultant.,or union representative; • initiating an "informal" or "formal" resolution process as outlined below. 4nterim measures may be taken by CBRM to address ongoing harassment during either the informal or formal processes. 3.2 Informal Complaint Resolution The CBRM strives to provide a wide range of options to resolve Complaints. Informal Complaint resolution may include, but is not limited to: mediation, behavioural guidelines or agreements,apologies or other measures agreed to between the parties and the CBRM Manager or her/his delegate. 3.3 Formal Complaint Resolution If a Complaint is not resolved informally, or if an individual who believes he or she is experiencing harassment chooses, he or she may make a formal Complaint. Formal Complaints shall be made in writing to management. Management will ensure that assistance in completing a written Complaint is provided, as required. Upon the filing of a Formal Complaint, CBRM will appoint an investigator to investigate the complaint. A formal Complaint investigation is an impartial, fact-finding process. The investigators do not advocate on behalf of, or represent., any party involved in a Complaint. Formal Complaint investigations cannot be carried out anonymously.The identity of the Complainant and the allegations contained in the Complaint shall be made known to the individual(s) alleged to have engaged in harassment (the "Respondent").The Respondent shall be provided a full and fair opportunity to respond to the allegations contained in the Complaint. Likewise,the Complainant shall be provided with the response and shall have an opportunity to reply. At any time during the course of the investigation, the matter may be resolved, so long as the resolution is agreed to by each of the parties and the CBRM Manager or her/his delegate. Once the formal Complaint investigation is complete, the Complainant, Respondent and the CBRM Manager or her/his delegate shall be notified of the findings of the investigation. 3.4 Other Remedies None of the procedures described in this Policy prevent a person from pursuing other remedies,such as pursuing a grievance,where applicable,or filing a Complaint with the NS Human Rights Commission. The investigation procedures outlined under this Policy may be suspended at the discretion of the investigator until any other remedial processes have been concluded. 3.5 False or Malicious Complaints Cape Breton Regional Municipality Corporate Policy Human Rights & Harassment Policy [ 5 If a Complaint is found to be false or brought for malicious purposes, the CBRIVI may take disciplinary measures against the Complainant, up to and including termination of employment. 4 Retaliation 4.1 General Retaliation also constitutes a form of discrimination under this Policy, and may form the basis of a separate Complaint. 4.2 Forms of Retaliation Any form of retaliation or discrimination against an employee because that person initiated a Complaint of harassment, or because that person acted as a witness or otherwise participated in an investigation, may be considered a violation of this Policy. Such action may result in discipline up to and including termination of employment. 4.3 Reporting Retaliation If an employee believes that he or she has been subjected to retaliation as set out above.,that person may report it as outlined under Section 3 of this Policy. 5 Consequences of Harassment Engaging in harassment or retaliation is serious misconduct and may result in disciplinary action up to and including termination of employment. It is understood that unionized employees may grieve any disciplinary action under the applicable collective agreement. 6 Confidentiality and Document Retention Information collected and retained by an investigator during the course of an informal or formal harassment resolution process is treated as confidential. During the investigation process,the investigator shall limit disclosure of Complaint-related information to that which is necessary to resolve the Complaint. If, after investigation, a Complaint is not established, no documentation of the Complaint shall be placed on either of the parties' personnel files. However., documentation of the investigation shall be kept in a confidential file separate from the employee's personnel file and maintained by CBRIVI in order to evidence the CBRIVI's proper investigation of formal Complaints of harassment. Documentation which outlines disciplinary action arising from an investigation shall be placed on an employee's personnel file. Confidentiality extends to all records relating to Complaints, including but not limited to meetings, interviews and investigation results. Individuals making a Complaint,witnesses and individuals against whom a Complaint has been made are expected to maintain confidentiality. Personal information, including the identities of the Complainant(s) and Respondent(s), shall be protected in accordance with the Freedom of Information and Protection of Privacy Act. Cape Breton Regional Municipality Corporate Policy Human Rights & Harassment Policy [ 6 Information collected and retained by an investigator and/or CBRM may be required to be released by law including release required in court proceedings, arbitration or other legal proceedings. 7 Collective Agreements and Legislation In the event that any portion of this Policy is inconsistent with a binding CBRM collective agreement or federal or provincial legislation,that portion and only that portion of the Policy shall have no application to the extent of that inconsistency.All other portions of the Policy shall continue in full force and effect. Issued by: Approved by: Date: CBRM Human Resources I Council I March 1212019 Cape Breton Regional Municipality Human Rights Harassment Policy & Respectful Workplace Policy Formal Complaint Form Instructions: Cape Breton Regional Municipality is committed to providing a working environment that is free of harassment and discrimination. Prior to completing this form, itis important for you to be fully aware of the specific complaint procedure in the CBRM Policies — Human Rights Harassment Policy and Respectful Workplace Policy. It is not a requirement that you use this form to file a complaint; however, if you do it will help you focus the issues in a manner that will assist in the assessment, investigation, and possible resolution of the complaint(s). Be sure to specify the incident(s) giving rise to the complaint, the date(s) of the incident(s), names of the person(s) involved and names of those who may have witnessed the incident(s). The complaint is not limited to the space provided on this form. Feel free to add more pages and include any relevant documentation that may assist. Please note that the information provided on this or any other form is not considered an official complaint unless itis signed by you and dated. Upon receipt of your complaint,the Human Resource department will review it to determine if the complaint is complete, timely and raises issues covered in the policy. It is important to fully understand that the written complaint will be forwarded to the Respondent for response. Submit the Complaint by mail: Or in person to: CBRM Human Resources Department Human Resources Department 320 Esplanade, Room 303 Sydney, NS B1P 7B9 I� i;IIIIIIUu'I',u II II II �o' �� Illllllllllllllllllllm I� u� I�u�� �I I PART I Complainant's Name: Address: Telephone Number: Department: Position/Job Title: Name of Immediate Supervisor: PART II Type of Harassment: Verbal ❑ Physical ❑ Property ❑ Date and Time of the Incident: Person who was responsible for the harassment: Supervisor: ❑ Co-worker: ❑Customer/Client: ❑ Other: ❑ Name: Position: Did it occur more than once?Yes ❑ No ❑ Location of Incident: Describe the circumstances in which the incident took place: — During your working hours? — When did it start? — When did it stop? — Is it still going on? I� i;IIIIIIUu'I',u II II II �o' �� Illllllllllllllllllllm I� u� I�u�� �I I What was your reaction? How did you feel? Did you do anything to talk to anyone after the incident? Give details: Part III Describe the incident: �;IIIIIIU�i"' Ill�uu Illlllllllllllllllui� '� -• '� Illlllllllllllllllllu�� Was it the first and only incident? If not, list all previous incidents including time, place and nature of the events: List Witnesses to the Harassment: (1) Name: Department: Home Phone: (2) Name: Department: Home Phone: IIIIIIUuII',,u II II II ,o' Illllllllllllllllllllm I� u� I�u �I I understand that the incident(s) described above will be investigated, I will be given an opportunity to explain further, and I will be informed of the results of the investigation. Complainant's Signature: Date: FOR OFFICE USE ONLY Matter was referred to investigation on (date) Investigation was completed on _ (date) Final report was produced on (date) Complaint was: established/ not established Parties were informed of outcome on _ (date) Action taken: [Note: Make the complaint form part of your sexual harassment policy. Consult with your lawyer to ensure that the complaint form is suitable to your organizational needs and meets with the legal requirements of your province or state.]