Sample Workplace Harassment Prevention Policy

Filed by the editor on HRinfodesk.com---Canadian Payroll and Employment Law News, Updated November 2006 (posted August 2005)

STATEMENT of POLICY and PROCEDURE
Manual:	Human Resources	SPP No.	HR 0.00.
Section:	[Insert Section Name Here]	Issued:	Jan. 2, 2004
Subject:	Sample Workplace Harassment Prevention Policy	Effective:	Jan. 2, 2004
Issue to:	All Manual Holders	Page:	1 of 1
		Replaces:
Issued by:		Dated:

1. POLICY

1.01 The overall goal is to provide a respectful workplace by promoting prevention of harassment and prompt resolution of harassment issues. All employees have the right to be treated fairly, respectfully, and with dignity in a workplace free of harassment, and they have the responsibility to treat others in the same manner. The [Company] has an obligation to provide and maintain a work environment in which all employees are free from workplace harassment and discrimination. Such actions are not tolerated and, where possible, are to be redressed. The Company will make every reasonable effort to ensure that no worker is subjected to harassment and will take corrective action about any person under the employer’s direction who subjects any worker to harassment.

1.02 To help achieve these goals [Company] has established organizations (or committee) that are responsible for harassment policy and training programs. In addition, several other measures have been implemented to reduce the incidence of harassment. Harassment awareness training has been put in place. Their mandate includes advising supervisors and managers on the harassment regulations, as well as conducting harassment awareness and prevention activities.

2. PURPOSE and OBJECTIVES

2.01 This Statement of Policy and Procedure outlines the procedures to be followed regarding workplace harassment and discrimination so that employees reporting alleged incidents will know the matter will be treated confidentially and may be reported without fear of retaliation or reprisal.

2.02 New and current employees will sign and acknowledge that they have been informed and understand the policy as it is written.

3. SCOPE

3.01 This Statement of Policy and Procedure applies to all employees, managers, supervisors, directors, executives and officers.

3.02 This Statement of Policy and Procedure applies not only during working time, but to any activities on or off of company premises which could reasonably be associated with the workplace (e.g. social events) or in any location related to the work of the organization.

3.03 All employees, managers, supervisors, directors, executives and officers are expected to familiarize themselves with the harassment policy and to apply its principles as we strive toward the collective goal of prevent and/or eradicating harassment and discrimination from our workplace.

4. RESPONSIBILITY

4.01 All employees, and particularly employees in management positions, are responsible for ensuring discrimination and harassment are not tolerated and, where possible, are redressed.

All supervisors, managers, senior managers, directors, executives and officers have overall managerial and leadership responsibility for ensuring a harassment-free workplace. This includes leading by example in matters of appropriate workplace behaviour, implementing harassment awareness and prevention training programs, and maintaining a positive ethical climate.

4.02 Employees are requested to report promptly when they become aware of, or hear of, alleged actions or complaints of discrimination or harassment.

4.03 Managers are responsible for providing a work environment that is free from discrimination and harassment. This responsibility includes actively promoting a positive, harassment-free work environment and intervening when problems occur. Additionally, managers are responsible for dealing with inappropriate actions of others that come to their attention.

5. DEFINITIONS

[Insert all definitions you feel will help employees understand and comply to the policy and procedures].

5.01 "Workplace" means any place where business or work-related activities are conducted. It includes, but is not limited to, the physical work premises (offices or plants), work-related social functions (parties, golf games, etc.), work assignments outside [insert company name]'s offices or plants, work-related travel, and work-related conferences or training sessions.

5.02 "Harassment" means engaging in a course of vexatious comment or conduct that is known, or ought reasonably to be known, to be unwelcome. It may include unwelcome, unwanted, offensive, or objectionable conduct that may have the effect of creating an intimidating, hostile or offensive work environment; interfering with an individual's work performance; adversely affecting an individual's employment relationship; and/or denying an individual dignity and respect. Harassment may result from one incident or a series of incidents. It may be directed at specific individuals or groups.

Harassment can be defined as any action (verbal, psychological or physical) directed toward an employee on a single or repeated basis, which humiliates insults or degrades and is known or ought reasonably to be known to be unwelcome by the victim of the harassment. Although there are different kinds of harassment, sexual and racial harassment are the two most common forms of workplace harassment. The Supreme Court of Canada defines sexual harassment as "unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victims of harassment." (Janzen v. Platy Enterprises Ltd. (1989) 1 S.R.C. 1252). Racial harassment is any action that expresses or promotes racial hatred and stereotypes of an obvious or subtle nature. Racial harassment can be hidden in questions or remarks that seem positive.

The same definition applies to workplace harassment, which is unwelcome conduct based on race, religious beliefs, colour, gender, physical or mental disability, marital status, age, ancestry, or place of origin.

6. REFERENCES

[Insert any policies that may relate such as a disciplinary policy]

Human Rights Code

Employment Principles Policy

Employee Relations Principles Policy

Dispute Resolution Policy

7. PROCEDURE

7.01 How Does Workplace Harassment Occur?

The following examples could be considered harassment but are not meant to cover all potential incidents:

• Display of offensive materials such as racist or sexist pictures;
   
• Avoiding or excluding someone due to race, age, sex, religion, etc.;
   
• Verbal insults or degrading remarks;
   
• Unwelcome jokes about disability, race, sex, etc;
   
• Refusal to work or converse with an employee because of their racial background, gender, etc;
   
• Unwanted physical conduct such as touching, patting, pinching, etc.;
   
• Condescension or paternalism which undermines self-respect;
   
• Backlash or retaliation for the lodging of a complaint or participation in an investigation;
   
• Persistent and unwanted contact or attention after the end of a consensual relationship;
   
• Verbal or physical abuse or threats.

Harassment does not have to be directed at a specific individual. Any activity that degrades or devalues others can violate an employee's rights even if he or she is not the intended victim. For example, sexist remarks can create a hostile or offensive workplace for all employees, even if they are not made in the presence of women. This is called a "poisoned" work environment.

There are specific actions that may be taken by employees to put a stop to harassment:

7.02

(a) Step 1 - Self-help: An harassed employee should:

• Request a stop of the unwanted behaviour;
   
• Inform the individual who is doing the harassing or the discriminating that the behaviour is unwanted and unwelcome;
   
• Document the events, complete with times, dates, location, witnesses and details;
   
• Consult the employer's anti-harassment policy and report the incident to a supervisor/committee person.

(b) Step 2 - Informal Complaint

It may be that communicating directly with the person will not be enough, or that you feel unable to deal with her or him directly. In that case, you can speak to your supervisor, another manager, or an anti-harassment counsellor.

The person you speak to will ask you for details of what happened, will make sure you understand the policy and any other options you have (such as a union grievance or human rights commission complaint), and will ask how you want to proceed. You may ask them to help you write a letter or to speak to the harasser on your behalf. You may ask them to arrange for mediation between you and the person whose behaviour offends you. If these attempts to resolve the situation don't work, you can also ask the anti-harassment counsellor to help you file a formal complaint.

(c) Step 3 - Mediation

If the circumstances permit it, mediation can come before a formal investigation. Mediation is a process by which a neutral third party helps the people involved in the complaint reach a solution which is acceptable to both parties. If you want to work toward a mediated settlement, the Director of Personnel (or the Vice President of XYZ Company, if the Director of Personnel is a party to the complaint) will appoint a qualified mediator, from within the organization or from outside it, who is acceptable to both parties, is not otherwise involved in the complaint, and who will not be asked to represent the company at any stage of any proceedings related to the complaint.

However, either party has the right to refuse mediation. You are the only one who can decide if mediation is appropriate for you. Do not agree to it if you feel pressured into it, or feel that you are at a disadvantage or vulnerable because of your age, sex, race, colour, religion, sexual orientation, economic position, level of authority, or for any other reason. If someone suggests mediation but you are uncomfortable with it, you can say so, and it will not be part of the complaint process. If mediation does occur, each person has the right to be accompanied and assisted during the sessions by someone with whom they feel comfortable.

(d) Step 4 - Formal Complaint

If informal attempts at resolving the issue are not appropriate, or proving to be ineffective, a formal complaint may be filed. To file a formal complaint:

(i) Provide a letter of complaint that contains a brief account of the offensive incident (i.e. when it occurred, the persons involved, names of witnesses, if any). The letter shall also include the remedy sought and be signed and dated by the person complaining;

(ii) File the complaint with your manager, to the [General Manager], or to any person designated by [insert company name] to deal with harassment complaints;

(iii) Cooperate with those responsible for investigating the complaint.

7.02 An employee who becomes aware of situations where discrimination or harassment may be occurring is requested to notify his or her manager, the [General Manager] or any person designated by [insert company name] to deal with harassment complaints.

7.03 Formal complaints shall be investigated. The investigation process shall involve interviews of the complainant, the respondent and any witnesses named by either. Within fourteen (14) working days of the incident or notice thereof, that manager shall investigate the incident and prepare a written report of the investigation findings. The report shall be provided along with recommendations, if any, to the [General Manager] for action.

The investigator will need to know:

• Your (the complainant's) name and position;
• the name and position of the alleged harasser;
• details of what happened;
• dates, times, and how often these things occurred;
• where they happened; and
• the names of any witnesses.