DISCRIMINATION / HARASSMENT Clause Samples
The Discrimination / Harassment clause prohibits any form of unfair treatment or unwelcome conduct based on protected characteristics such as race, gender, religion, or disability within the context of the agreement. It typically outlines expectations for behavior, establishes reporting procedures for complaints, and may require parties to comply with applicable anti-discrimination laws. This clause serves to foster a safe and respectful environment, reducing the risk of legal disputes and ensuring compliance with legal and ethical standards.
DISCRIMINATION / HARASSMENT. 33.01 The parties agree that there should be no discrimination or harassment in the workplace contrary to law (including particularly on the basis of race, national or ethnic origin, colour, religion, age, sex (including pregnancy, the possibility of pregnancy or circumstances related to pregnancy), gender determined characteristics, marital status, family status, sexual orientation, political belief, physical or mental disability, or conviction for an offence for which a pardon has been granted) and that they and all employees shall cooperate in efforts to ensure that in fact there is no such inappropriate behaviour. In that regard, the parties state as follows:
(a) any employee who believes that s/he has been harassed or discriminated against is encouraged to report such misconduct to the Employer and the Union; and
(b) such reports shall be dealt with in confidence and as expeditiously as possible, respecting the dignity of the complainant and the right of the alleged harasser to due process.
DISCRIMINATION / HARASSMENT. The Corporation and the Union agree that there shall be no discrimination or harassment exercised or practised by either of them or by any of their representatives, with respect to any employee by reason of race, national or ethnic origin, colour, religion, age, sex (including pregnancy or child-birth), sexual orientation, marital status, family status, disability and conviction for which a pardon has been granted. The Corporation and the Union also agree to respect the employee’s legitimate participation in the Union’s lawful activities.
DISCRIMINATION / HARASSMENT. 22.01 The parties agree to comply with their obligations under the Ontario Human Rights Code.
DISCRIMINATION / HARASSMENT. 24.1 The Company and the Union recognizes and agrees that there shall be no discrimination, interference, restraint, harassment, bullying, acts of violence, or coercion exercised or practiced by either of them or by any of their representatives. It shall be the right of employees to work in an environment free from harassment. Discriminatory harassment is defined as harassment based on one or more of the prohibited grounds under the Canadian Human Rights Act. The Union and Company agree that no FCM shall be discriminated against on account of membership or non-membership in the Union, participation in the lawful activities of the Union, or lawful conduct of a FCM during a work stoppage, or by reason of activity or lack of activity in the Union. The Company and the Union further agree that bullying shall be dealt with in a serious manner and treated with the same severity and level of concern as discrimination, harassment, and/or violence.
24.2 Properly discharged management responsibilities such as the assignment of work tasks, employee coaching and progressive discipline are not considered bullying. Harassment and violence is defined as: “Any action, conduct or comment, including of a sexual nature that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment”.
24.3 The Company and the Union will not condone harassment or violence in the workplace and will cooperate to maintain a harassment-free and violence-free workplace. The Company shall maintain a Workplace Violence and Harassment Prevention Program in accordance with the Canada Labour Code.
24.4 If a FCM believes that they have been harassed and/or discriminated against on the basis of a prohibited ground of the discrimination, the FCM should follow Company’s Workplace Violence and Harassment Policy. All matters will be dealt with the utmost confidentiality. Any complaint not resolved through the Company’s said policy may be addressed by the Union, pursuant to the grievance procedure. Nothing herein shall prevent a FCM from seeking redress under the Canadian Human Rights Act or Part II of the Canada Labour Code (the Code),with respect to complaints.
DISCRIMINATION / HARASSMENT. The Employer and the Union agree that no employee will be subject to discrimination or harassment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offenses, marital status, family status or handicap contrary to the provisions of the Ontario Human Rights Code, nor will any employee be discriminated against for Union activity or lack of Union activity.
DISCRIMINATION / HARASSMENT. 22.01 The parties agree to comply with their obligations under the Ontario Human Rights Code. Accordingly, the parties agree that there shall be no discrimination against members because of race, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same sex partnership status, family status or disability as defined and provided in the Code. The parties further agree that there shall be no discrimination against members because of participation or non-participation in lawful union activities.
22.02 The Board and the Union recognize the right of all Bargaining Unit members to work in a harassment free environment.
DISCRIMINATION / HARASSMENT. 2.01 The parties agree to comply with their obligations under the Ontario Human Rights Code. The parties further recognize that, under s.48(12)(j) of the Labour Relations Act, an arbitrator has the power to interpret and apply the Human Rights Code.
2.02 The Board agrees that there shall be no discrimination, interference or coercion exercised or practiced with respect to any employee by reason of his/her membership or activity in the Association.
DISCRIMINATION / HARASSMENT. 15.01 The Employer and the Union agree that discrimination and/or harassment should not occur in the workplace or in connection with the workplace.
15.02 Both parties agree that “discrimination” is defined as:
(a) differential treatment of an individual on the basis of the individual’s actual or presumed membership in or association with some class or group of persons, rather than on the basis of personal merit; or
(b) differential treatment of an individual or group on the basis of any characteristic referred to in subsection .03; or
(c) differential treatment of an individual or group on the basis of the individual’s or group’s actual or presumed association with another individual or group whose identity or membership is determined by any characteristic referred to in subsection .03; or
(d) failure to make reasonable accommodations for the special needs of any individual or group, if those special needs are based upon any characteristic referred to in subsection .03.
15.03 Applicable characteristics for the purposes of section 15.02 (b) to (d):
(a) ancestry, including colour and perceived race;
(b) nationality or national origin;
(c) ethnic background or origin;
(d) religion or creed, or religious belief, religious association, or religious activity;
(e) age;
(f) sex, including sex-determined characteristics, such as pregnancy, the possibility of pregnancy, or circumstances related to pregnancy;
(g) gender identity;
(h) sexual orientation;
(i) marital or family status;
(j) source of income;
(k) political belief, political association, or political activity;
(l) physical or mental disability or related characteristics or circumstances, including reliance on service animals, a wheelchair, or any remedial appliance or device;
(m) social disadvantage;
(n) any other group stereotype.
15.04 Both parties agree that “harassment” is defined as:
(a) a course of abusive and unwelcome conduct or comment undertaken or made on the basis of any characteristic referred to in 15.03; or
(b) a series of objectionable and unwelcome sexual solicitations or advances; or
(c) a sexual solicitation or advance made by a person who is in a position to confer any benefit on, or deny any benefit to, the recipient of the solicitation or advance, if the person making the solicitation or advance knows or ought to reasonably to know that is unwelcome; or
(d) threat or threat of reprisal for rejecting a sexual solicitation or advance; or
(e) personal harassment, as defined by Workplace ...
DISCRIMINATION / HARASSMENT. The University and the Union agree to cooperate in efforts to comply with the Americans with Disabilities Act of 1990 (ADA), as amended.
DISCRIMINATION / HARASSMENT. 3.1 All of the terms and conditions of this Agreement will apply equally to all Employees. The Employer shall not discriminate against Employees contrary to the Human Rights Code or due to Union membership or lawful participation in Union activities.