Samy Consulting Respect in the Workplace For Athabasca University 8:30a.m. to noon Presented by:...

Samy ConsultingSamy Consulting

Respect in the Respect in the WorkplaceWorkplace

For Athabasca UniversityFor Athabasca University8:30a.m. to noon8:30a.m. to noon

Presented by: Presented by: Sushila Samy, CHRPSushila Samy, CHRPSamy Consulting, Edmonton, Samy Consulting, Edmonton, [email protected]@samyconsulting.com


Learning ObjectivesLearning Objectives• Gain knowledge of the Human Rights, Gain knowledge of the Human Rights,

Citizenship & Multiculturalism ActCitizenship & Multiculturalism Act• Understand the importance of human rights Understand the importance of human rights

legislation in the workplacelegislation in the workplace• Know the consequences of harassment in the Know the consequences of harassment in the

workplace and AU's Anti-Harassment Policyworkplace and AU's Anti-Harassment Policy• Understand your role in assisting AU in Understand your role in assisting AU in

maintaining a workplace free of maintaining a workplace free of discrimination and harassmentdiscrimination and harassment

• Maintaining a workplace free of discrimination Maintaining a workplace free of discrimination and harassment in an office and a distance and harassment in an office and a distance working environment working environment


Respect in the WorkplaceRespect in the Workplace

• What is a respectful workplace?What is a respectful workplace?

• What are the key components to a What are the key components to a respectful workplace?respectful workplace?


Business Case For Business Case For Creating A Respectful Creating A Respectful

WorkplaceWorkplace Demographics - changing population Demographics - changing population Competition for talent and skillsCompetition for talent and skills Shortage of skilled workersShortage of skilled workers GlobalizationGlobalization Good businessGood business Creativity and innovationCreativity and innovation Positive public imagePositive public image


Business Case For Business Case For Creating A Respectful Creating A Respectful

WorkplaceWorkplace

Challenge of Challenge of changechange

Complies with Complies with legislationlegislation


Respectful WorkplaceRespectful Workplace

Harmonious, Harmonious, inclusive workplaceinclusive workplace

Employees feel Employees feel accepted and accepted and valuedvalued

Employees support Employees support each other each other


Respectful WorkplaceRespectful Workplace

Employees are treated fairly and are Employees are treated fairly and are free from harassment and free from harassment and discriminationdiscrimination

Everyone works together with all Everyone works together with all their differencestheir differences


Human Rights, Human Rights, Citizenship and Citizenship and

Multiculturalism Act of Multiculturalism Act of AlbertaAlberta

Administered by the Alberta Human Administered by the Alberta Human Rights & Citizenship CommissionRights & Citizenship Commission

Primacy LegislationPrimacy Legislation


AreasAreas EmploymentEmployment

Job Ads/ApplicationsJob Ads/Applications

ServicesServices

Membership in Membership in

Unions, Employer & Unions, Employer &

Professional Professional

AssociationsAssociations

Signs & Signs &

NoticesNotices

AccommodatiAccommodati

onon

TenancyTenancy


GroundsGrounds RaceRace

ColourColour

AncestryAncestry

Place of OriginPlace of Origin

Religious BeliefsReligious Beliefs

GenderGender

Physical DisabilityPhysical Disability

Mental DisabilityMental Disability

Age Age

Marital StatusMarital Status

Family StatusFamily Status

Source of IncomeSource of Income

Sexual Sexual

OrientationOrientation


Legislation ProhibitsLegislation Prohibits

Retaliation against anyone who Retaliation against anyone who has made a complaint, given has made a complaint, given evidence or assisted someone in evidence or assisted someone in making a complaint. making a complaint.

Making a complaint with malicious Making a complaint with malicious intent that is frivolous and intent that is frivolous and vexatious. vexatious.

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Accommodation Accommodation

Provides individuals the right to Provides individuals the right to participate fully in the workplace and in participate fully in the workplace and in receiving services.receiving services.

Accommodation means making changes Accommodation means making changes to rules, standards, policies, and to rules, standards, policies, and physical environment to ensure that physical environment to ensure that these do not have a negative effect on these do not have a negative effect on individuals on the individuals on the protected groundsprotected grounds of the human rights legislationof the human rights legislation


Duty to accommodate Duty to accommodate

Accommodation balances the Accommodation balances the needs of individuals in society with needs of individuals in society with that of the organization. It may that of the organization. It may cause a degree of inconvenience, cause a degree of inconvenience, disruption and expense.disruption and expense.

Accommodation is not a courtesy: Accommodation is not a courtesy: it is theit is the law. law.


Factors in Undue Factors in Undue HardshipHardship

Main considerations are:Main considerations are: HealthHealth SafetySafety Cost - Supreme Court of Canada Cost - Supreme Court of Canada

has ruled that the cost to the has ruled that the cost to the employer must be “substantial” employer must be “substantial”

Difficulty in modifying the jobDifficulty in modifying the job


Factors in undue Factors in undue hardshiphardship

Impact on rights established by Impact on rights established by collective agreementcollective agreement

Impact on other employees; Impact on other employees; problems of moraleproblems of morale

Impact on the publicImpact on the public


Kinds of HarassmentKinds of Harassment

Harassment under the human rights Harassment under the human rights codecode• On all grounds e.g. race, religion, On all grounds e.g. race, religion,

disability..disability..• Sexual harassmentSexual harassment

General HarassmentGeneral Harassment


Human Rights Human Rights HarassmentHarassment

Illegal, based on the grounds in the Illegal, based on the grounds in the ActAct Offensive, degrading, unwelcome Offensive, degrading, unwelcome Creates a poisoned or hostile work Creates a poisoned or hostile work

environmentenvironment May occur at the work-site or outside May occur at the work-site or outside May occur during or after work hoursMay occur during or after work hours Criminal offense – stalking, threats etc.Criminal offense – stalking, threats etc.


Human Rights Human Rights HarassmentHarassment

Employer liable for harassment-free Employer liable for harassment-free workplaceworkplace

Union equal responsibility in maintaining Union equal responsibility in maintaining harassment-free workplaceharassment-free workplace

Intent not necessary – impact on victimIntent not necessary – impact on victim Reasonable person ought to know the Reasonable person ought to know the

behaviour is unwelcomebehaviour is unwelcome


Human Rights Human Rights Harassment - Harassment -

ExamplesExamplesVerbalVerbal Unwelcome remarks about a Unwelcome remarks about a

person’s appearance, jokes, person’s appearance, jokes, taunting, name-callingtaunting, name-calling

Unwelcome comments about an Unwelcome comments about an individual’s personal lifeindividual’s personal life

Verbal abuseVerbal abuse


Human Rights Harassment - Human Rights Harassment - ExamplesExamples

Non-VerbalNon-Verbal Display of racist or offensive picture, Display of racist or offensive picture,

drawings, signs and posters drawings, signs and posters

Offensive gesturesOffensive gestures

Physical assaultPhysical assault


Sexual HarassmentSexual Harassment Form of gender discriminationForm of gender discrimination Offensive, degrading, unwelcome Offensive, degrading, unwelcome

conduct of a sexual nature that conduct of a sexual nature that detrimentally affectsdetrimentally affects the work the work environment or leads to adverse environment or leads to adverse job-related consequences for the job-related consequences for the victim of the harassmentvictim of the harassment

Explicit or implicit and is a term or Explicit or implicit and is a term or condition of employmentcondition of employment


Sexual HarassmentSexual Harassment

Quid Pro Quo - Something for Quid Pro Quo - Something for SomethingSomething

Hostile or Poisoned Work Hostile or Poisoned Work Environment – offensive, intimidatingEnvironment – offensive, intimidating


Sexual Harassment - Sexual Harassment - ExamplesExamples

VerbalVerbal Sexual remarks, gestures, jokes, Sexual remarks, gestures, jokes, Compromising invitations or Compromising invitations or

requestsrequests Over-friendly terms – babe, Over-friendly terms – babe,

sweetheart, honey sweetheart, honey Unwelcome inquiries or comments Unwelcome inquiries or comments

about sex life, physical attributesabout sex life, physical attributes


Sexual Harassment - Sexual Harassment - ExamplesExamples

Non-VerbalNon-Verbal Display of sexually offensive materialDisplay of sexually offensive material Unwelcome leering, ogling or wolf-Unwelcome leering, ogling or wolf-

whistlingwhistling Hugging, touching, pinching, pattingHugging, touching, pinching, patting Sexual assault (criminal offense)Sexual assault (criminal offense)


General HarassmentGeneral Harassment

Under AU policy:Under AU policy: series of objectionable and series of objectionable and

unwelcome comments or actions unwelcome comments or actions directed towards a specific person or directed towards a specific person or group of persons that serves no group of persons that serves no legitimate work or academic legitimate work or academic purposespurposes


General Harassment - General Harassment - ExamplesExamples

Unwelcome behaviour - demeaning Unwelcome behaviour - demeaning or causing offenseor causing offense

Creates an intimidating, hostile or Creates an intimidating, hostile or offensive environmentoffensive environment

Demeaning remarks, threats or Demeaning remarks, threats or verbal abuse, verbal abuse,

Patronizing comments Patronizing comments Emotional abuse and bullyingEmotional abuse and bullying


Employee ResponsibilityEmployee Responsibility

Help employer create a respectful, Help employer create a respectful, inclusive workplace free of harassment inclusive workplace free of harassment and discriminationand discrimination

Don’t be a participant in any harassing Don’t be a participant in any harassing behaviour behaviour

Be a witness to a complaint, if necessaryBe a witness to a complaint, if necessary Report to the manager, if you see Report to the manager, if you see

harassmentharassment


Employee ResponsibilityEmployee Responsibility

If you are being harassed:If you are being harassed: Make it clear the actions are unwelcomeMake it clear the actions are unwelcome Keep a written record of the incident(s)Keep a written record of the incident(s) Inform contact person identified in the Inform contact person identified in the

policypolicy Inform the manager, if necessaryInform the manager, if necessary Don’t ignore harassmentDon’t ignore harassment


Employer ResponsibilityEmployer Responsibility Maintain a harassment-free workplace Maintain a harassment-free workplace

– zero tolerance for harassment– zero tolerance for harassment Establish policyEstablish policy Post policy and ensure employees are Post policy and ensure employees are

aware of itaware of it Educate all staff on Educate all staff on

preventing harassmentpreventing harassment


Employer ResponsibilityEmployer Responsibility

Ensure supervisors & managers Ensure supervisors & managers understand responsibility in understand responsibility in preventing and dealing with preventing and dealing with harassmentharassment


Zero ToleranceZero Tolerance““Zero tolerance means that any form of Zero tolerance means that any form of

racism and sexism, whether overt or covert racism and sexism, whether overt or covert is unacceptable. In a zero tolerance is unacceptable. In a zero tolerance environment, people are held to a high environment, people are held to a high level of accountability for their behaviour, level of accountability for their behaviour, including their stereotypes, their language including their stereotypes, their language in the workplace, their commitment to in the workplace, their commitment to hones and open dialogue and their positive hones and open dialogue and their positive treatment of other regardless of race or treatment of other regardless of race or gender.” John Fernandez: gender.” John Fernandez: Race, Gender Race, Gender and Rhetoricand Rhetoric


Dealing with a ComplaintDealing with a Complaint

Act quickly and correct problems.Act quickly and correct problems. Take seriously any complaint you receive. Take seriously any complaint you receive. Investigate, if necessary, even if no Investigate, if necessary, even if no

formal complaint has been filed.formal complaint has been filed. Keep the employee informed.Keep the employee informed. Take appropriate disciplinary action, when Take appropriate disciplinary action, when

necessary.necessary.


Consequences of Consequences of HarassmentHarassment

LegalLegal Employer Employer liability – responsible for liability – responsible for

harassment-free workplaceharassment-free workplace GrievanceGrievance Wrongful DismissalWrongful Dismissal Complaint to CommissionComplaint to Commission Liable for workplace bullying and Liable for workplace bullying and

violence violence



BusinessBusiness Poor public relations and imagePoor public relations and image Productivity lossProductivity loss Stress, absenteeismStress, absenteeism Staff turnoverStaff turnover Poor employee moralePoor employee morale



FinancialFinancial Lost wages, lawyers fees, counselling Lost wages, lawyers fees, counselling

feesfees Compensation for injury to dignity and Compensation for injury to dignity and

self-respectself-respect Panel costsPanel costs Investigation costsInvestigation costs Hiring and training new employeesHiring and training new employees


Filing a complaintFiling a complaint

One or more groundsOne or more grounds One areaOne area Filed within 12 months of last Filed within 12 months of last

discriminatory actdiscriminatory act Reasonable groundsReasonable grounds


Complaint ProcessComplaint Process

Complaint Filed - Complaint FormComplaint Filed - Complaint Form

ConciliationConciliation

InvestigationInvestigation

PanelPanel

Court SystemCourt System


Respect in the WorkplaceRespect in the Workplace

I can help create a respectful I can help create a respectful workplace by:workplace by:

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