Dealing with Discrimination and Harassment in the Workplace

1. 1
Dealing with
Discrimination
and
Harassment
in the
Workplace
AFOA BC – September 2015

2. Cassondra Campbell
Community Engagement Officer
National Aboriginal Initiative
Canadian Human Rights Commission
2

3. Goals
• Outline Canada’s human rights
framework
• Define discrimination
• Define harassment and sexual
harassment
• Explore how to deal with complaints
when they occur
3

4. Human Rights Protections in Canada
International
Instruments
Constitutional
Rights
Provincial/
Territorial
First
Nations
Federal
4

5. 5
Section 2 of the
Canadian Human Rights Act
Rights & Responsibilities
• All individuals should have the opportunity
equal with others:
• to make the life they are able to and wish to have
• to have their needs accommodated
• Without discrimination

6. 6
Complaints under the
Canadian Human Rights Act
• Must be within jurisdiction
• Must be in an area the Act covers
• Must touch on a prohibited ground of
discrimination

7. 7
Discriminatory Practices
Section 5 – Services
Section 6 - Housing
Section 7 – Employment
Section 8 – Job
Application/Advertising
Section 9 – Employee
Organizations
Section 10 – Policies or
Practices
Section 11 – Equal Wages
(Pay Equity)
Section 12 – Notices
Section 14 – Harassment
Section 15 – Accommodation

8. 8
Prohibited Grounds
• Race
• Colour
• National or ethnic
origin
• Sex (includes
pregnancy)
• Marital status
• Family status
• Age
• Religion
• Sexual Orientation
• Pardoned Conviction or
a record suspension
has been ordered
• Disability (physical or
mental, includes drug or
alcohol dependence)

9. What is Discrimination?
• An action or decision that treats a person or a group
differently and negatively for reasons like race, age
or disability
• You do not have to intend to treat someone unfairly
to cause discrimination
• What matters is the effect on the person
9

10. What is Harassment?
• Any behavior or actions, comments, or
displays that demeans, humiliates, or
embarrasses a person in any manner and
that a reasonable person should have
known would be unwelcome
• It may be a single serious incident or
continue over time
10

11. Sexual Harassment
• offensive or humiliating behaviour that is
related to a person’s sex
• behaviour of a sexual nature that:
• creates an intimidating, unwelcome, hostile
or offensive work environment OR
• could reasonably be thought to put sexual
conditions on a person’s job or employment
opportunities

12. Sex, Gender, Intersectionality
and Harassment
• Sex and gender (and other factors like race and disability)
should be considered when dealing with any kind of
harassment
• Harassment may impact men and women differently
• May be particularly difficult for those facing discrimination
based on multiple or “intersecting” grounds
• For example: a First Nations woman, who is a single mom,
and has a disability

13. Four Corners of Harassment
(Canadian Human Rights Act)
Have an ImpactBased on a
Prohibited Ground
Serious or a SeriesUnwelcome

14. Under the Canadian Human
Rights Act:
Both employers and employees can be held
liable for harassment in the workplace
14

15. What is NOT Harassment?
A manager fulfilling job functions in areas
such as:
• Counselling
• Performance assessment
• Staff relations
• Implementation of disciplinary action
15

16. Case Studies
16

17. 17
Community-Based Alternatives
• There are many ways in which human rights disputes
can be prevented or resolved.
• Helpful to find solutions quickly and in the place
where they arise so that conflicts do not escalate;
learning and information sharing takes place;
remedies may be more meaningful to parties
• CHRC supports the development of community
based alternatives to human rights complaints.
(Can be groups of communities.)

18. Considerations for Developing a Community-based
Dispute Resolution Process
18

19. Content: 11 Guiding Principles for Dispute
Resolution
1. Make the process accessible
2. Obtain community input about the process
3. Make sure the decision-maker knows about human rights
4. Ensure impartiality and independence
5. Allow people to bring a representative
6. Give people the opportunity to be heard
7. Encourage people in a dispute to share information
8. Keep information confidential
9. Give reasons for decisions
10. Ensure the process is acceptable to everyone involved in the dispute
11. Help ensure no retaliation
19

20. Contact Information
20
National Aboriginal Initiative
175 Hargrave Street, Room 750
Winnipeg, Manitoba R3C 3R8
Telephone: (204) 983-2189
Toll Free: 1-866-772-4880
TTY: 1-866-772-4840
Fax: (204) 983-6132
E-mail: nai.ina@chrc-ccdp.gc.ca
Website: www.doyouknowyourrights.ca

21. Contact Information
21
To File a Complaint
344 Slater Street, 8th Floor
Ottawa, Ontario K1A 1E1
Telephone: (613) 995-1151
Toll Free: 1-888-214-1090
TTY: 1-888-643-3304
Fax: (613) 996-9661
E-mail: info.com@chrc-ccdp.ca
Website: www.chrc-ccdp.gc.ca