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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
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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
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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?
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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
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Business Case For Business Case For Creating A Respectful Creating A Respectful
WorkplaceWorkplace
Challenge of Challenge of changechange
Complies with Complies with legislationlegislation
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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
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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
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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
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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
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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
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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.
45
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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)
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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
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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
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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
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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
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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
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Employer ResponsibilityEmployer Responsibility
Ensure supervisors & managers Ensure supervisors & managers understand responsibility in understand responsibility in preventing and dealing with preventing and dealing with harassmentharassment
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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
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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.
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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
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Consequences of Consequences of HarassmentHarassment
BusinessBusiness Poor public relations and imagePoor public relations and image Productivity lossProductivity loss Stress, absenteeismStress, absenteeism Staff turnoverStaff turnover Poor employee moralePoor employee morale
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Consequences of Consequences of HarassmentHarassment
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
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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
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Complaint ProcessComplaint Process
Complaint Filed - Complaint FormComplaint Filed - Complaint Form
ConciliationConciliation
InvestigationInvestigation
PanelPanel
Court SystemCourt System