Common use of DISCRIMINATION / HARASSMENT Clause in Contracts

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 Safety and Health Regulations. 15.05 Harassment does not include appropriate direction, delegation, or discipline administered by a member of Management or designate. 15.06 The Employer agrees to investigate allegations of discrimination/harassment and shall endeavor to resolve them in an expeditious and confidential manner. 15.07 The complainant will be updated by the Employer on the progress of the investigation. 15.08 There shall be no discrimination against any employee by the Employer or the Union because of Union activity. 15.09 It is recognized that in accordance with Section 11 of the Manitoba Human Rights Code, the Employer’s employment equity initiatives shall not be considered a contravention of this article. 15.10 The Employer in cooperation with the Union shall educate all staff on what constitutes discrimination and/or harassment and the nuances associated with this behavior. 15.11 After a thorough investigation and where the Employer determines that a complaint has been made for frivolous, or vindictive reasons, the Employer shall have the authority and discretion to take such disciplinary action against the complainant which in their opinion may be necessary or appropriate under the circumstances.

DISCRIMINATION / HARASSMENT. 15.01 41:01 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 41:02 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 .03:03; 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 .03:03; 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 .03:03. 15.03 41:03 Applicable characteristics for the purposes of section 15.02 Article 41:02 (b) to (d): (a) ancestry, including colour color 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; (ec) age; (fd) sexgender, including sex-determined characteristics, such as pregnancy, the possibility of pregnancy, or circumstances related to pregnancy; (g) gender identity; (he) sexual orientation; (if) marital or family status; (jg) source of income; (kh) political belief, political association, or political activity; (li) physical or mental disability or related characteristics or circumstances, including reliance on service animals, a wheelchair, ; (j) place of residence; (k) membership or any remedial appliance non-membership or deviceactivity in the Union; (l) ethnic background or origin; (m) social disadvantagenationality or national origin; (n) or any other group stereotype.form of discrimination as defined in the Manitoba Human Rights Code 15.04 41:04 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 15.03Article 41:03; 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 and 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 it is unwelcome; or (d) threat or threat of reprisal for rejecting a sexual solicitation or advance; or (e) personal harassment, as defined by Workplace Safety and Health Regulationssolicitation. 15.05 41:05 Harassment does not include appropriate direction, delegation, or discipline administered by a member of Management management or designate. 15.06 41:06 The Employer agrees to investigate allegations of discrimination/harassment and shall endeavor endeavour to resolve them in an expeditious and confidential manner. 15.07 41:07 The complainant will be updated by the Employer on the progress of the investigation. 15.08 41:08 There shall be no discrimination against any employee by the Employer or the Union because of Union activity. 15.09 41:09 It is recognized that in accordance with Section 11 of the Manitoba Human Rights Code, the Employer’s employment equity initiatives shall not be considered a contravention of this articleArticle. 15.10 41:10 The Employer in cooperation with the Union shall educate all staff on what constitutes discrimination and/or harassment harassment, including but not limited to psychological harassment, and the nuances associated with this behaviorbehaviour. 15.11 After a thorough investigation and where the Employer determines that a complaint has been made for frivolous, or vindictive reasons, the Employer shall have the authority and discretion to take such disciplinary action against the complainant which in their opinion may be necessary or appropriate under the circumstances.

DISCRIMINATION / HARASSMENT. 15.01 ‌ 41:01 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 41:02 Both parties agree that “discrimination” is defined as: (a) differential 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 Differential treatment of an individual or group on the basis of any characteristic referred to in subsection .03:03; or (c) differential 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 .03:03; or (d) failure 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 .03:03. 15.03 41:03 Applicable characteristics for the purposes of section 15.02 Article 41:02 (b) to (d): (a) ancestryAncestry, including colour color and perceived race; (b) nationality or national origin; (c) ethnic background or origin; (d) religion Religion or creed, or religious belief, religious association, or religious activity; (ec) ageAge; (fd) sexGender, including sex-determined characteristics, such as pregnancy, the possibility of pregnancy, or circumstances related to pregnancy; (ge) gender identity; (h) sexual Sexual orientation; (if) marital Marital or family status; (jg) source Source of income; (kh) political Political belief, political association, or political activity; (li) physical Physical or mental disability or related characteristics or circumstances, including reliance on service animals, a wheelchair, ; (j) Place of residence; (k) Membership or any remedial appliance non-membership or deviceactivity in the union; (l) Ethnic background or origin; (m) social disadvantageNationality or national origin; (n) Or any other group stereotype.form of discrimination as defined in the Manitoba Human Rights Code 15.04 41:04 Both parties agree that “harassment” is defined as: (a) a A course of abusive and unwelcome conduct or comment undertaken or made on the basis of any characteristic referred to in 15.03Article 41:03; or (b) a A series of objectionable and unwelcome sexual solicitations or advances; or (c) a A sexual solicitation or advance made by a person who is in a position to confer any benefit on, or deny any and 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 it is unwelcome; or (d) threat Threat or threat of reprisal for rejecting a sexual solicitation or advance; or (e) personal harassment, as defined by Workplace Safety and Health Regulationssolicitation. 15.05 41:05 Harassment does not include appropriate direction, delegation, or discipline administered by a member of Management management or designate. 15.06 41:06 The Employer agrees to investigate allegations of discrimination/harassment and shall endeavor endeavour to resolve them in an expeditious and confidential manner. 15.07 41:07 The complainant will be updated by the Employer on the progress of the investigation. 15.08 41:08 There shall be no discrimination against any employee by the Employer or the Union because of Union union activity. 15.09 41:09 It is recognized that in accordance with Section 11 of the Manitoba Human Rights Code, the Employer’s employment equity initiatives shall not be considered a contravention of this articleArticle. 15.10 41:10 The Employer in cooperation with the Union shall educate all staff on what constitutes discrimination and/or harassment harassment, including but not limited to psychological harassment, and the nuances associated with this behaviorbehaviour. 15.11 After a thorough investigation and where the Employer determines that a complaint has been made for frivolous, or vindictive reasons, the Employer shall have the authority and discretion to take such disciplinary action against the complainant which in their opinion may be necessary or appropriate under the circumstances.