Respectful Workplace & Harassment Prevention – Bill 168 Policy

Policy Statement

Marketsupport is committed to providing a working environment that is respectful, comfortable and safe for all employees (“workers”). Marketsupport has an obligation and legal responsibility to maintain a workplace that is free from discrimination and harassment. Marketsupport wishes to assure all workers that it takes seriously its commitment to adhere to both the spirit and provisions of the Human Rights Code and Occupational Health & Safety Act and prevent discrimination and harassment in the workplace.

Marketsupport will not tolerate or condone any discrimination, unequal treatment or offensive behaviour based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, sex, sexual orientation, gender identity or gender expression, record of offences, marital status, family status, or disability (handicap).

In addition, Marketsupport wishes to make it very clear that any harassment (a course of comment or conduct that is improper, unwelcome and unwanted), based on the above grounds, is also unacceptable behaviour and will be acted upon.

Sexual harassment, including remarks of a sexual nature directed at an individual, requests for sexual favours or threats for refusing sexual advances and in general, sexual actions or comments that “poison” the work environment, are all unacceptable.

Whether committed by a co-worker or a supervisor, acts of discrimination and harassment are considered to be illegal, are a form of worker misconduct and a violation of Marketsupport’s policy.

Supervisors have an obligation to model professional behaviour and respond quickly to concerns and incidents of discrimination and harassment and not ignore, condone or tolerate such behaviour. Their failure to act in such circumstances may also be a violation of the Human Rights Code and the Occupational Health & Safety Act and Marketsupport’s own policy.

Retaliation against a worker after he/she has complained about harassment or participated in an investigation is unlawful. Once allegations of harassment are raised, management is duty-bound to investigate. Confidentiality will be maintained where possible and on a “need to know” basis. Those participating in the investigation will be asked to keep their testimony confidential from others in the workplace, and asked not to discuss the case.

Appropriate disciplinary action, up to and including dismissal, will be taken where violations of this policy have occurred.

If you are being harassed:

1. Tell the harasser his/her behaviour is unwelcome and ask him/her to stop.
2. Keep a record of incidents (date, times, locations, possible witnesses, what happened, your response).

Anyone wishing further details or wishing to pursue a complaint may contact any of the following:

•  Immediate Supervisor
•  President

Complaint Procedure

Anyone wishing further details or wishing to pursue a complaint may contact any of the following:

•  Immediate Supervisor
•  Office Manager
•  Owner

Disciplinary action for violations of this policy will take into consideration the nature and impact of the violations, and may include a verbal or written reprimand, suspension (with or without pay) or dismissal (with or without notice).

Similarly, deliberate false accusations are of equally serious nature and will also result in disciplinary action up to and including dismissal without notice for just cause.

Definitions

For the purposes of this policy, the following terms are defined as:

Harassment:

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.

Reprisal:

Reprisal refers to a negative action or omission against a worker who:

•  Invokes this policy, whether on behalf of oneself or another individual;
•  Participates or co-operates in any inquiry under this policy;
•  Associates with a person who has invoked this policy or participated in its procedures; and/or
•  Performs a legitimate role under this policy.

Sexual Harassment:

Sexual harassment is any unsolicited conduct, comment, or physical contact of a sexual nature that is unwelcome by the recipient. It includes, but is not limited to, any unwelcome sexual advances (verbal, written or physical), requests for sexual favours, sexual and sexist jokes, racial, homophobic, sexist or ethnic slurs; written or verbal abuse or threats; unwelcome remarks, jokes, taunts, or suggestions about a person’s body, a person’s physical or mental disabilities, attire, or on other prohibited grounds of discrimination; unnecessary physical contact such as patting, touching, pinching or hitting; patronizing or condescending behaviour; displays of degrading, offensive or derogatory material such as graffiti or pictures; physical or sexual assault.

Supervisor:

A person who has charge of a workplace or authority over a worker. Generally this would include those with a position title such as Director, Manager or Supervisor, as well as any other management type position, or those in a temporary supervisory position.

Worker:

Refers to any person regarding whom Marketsupport pays wages or a salary, has control over their assigned work and has a right to control the details of their work. It also extends to the senior management level.

This includes, but is not limited to:

1. full-time workers
2. part-time workers
3. seasonal workers
4. contract workers

Workplace:

Any building or part of a building in which one or more workers work, including lunchrooms, changing and lounge areas, and any vehicle or conveyance, or any area including outside worksites, where workers perform their duties. Harassing or discriminatory behaviour which occurs outside of the physical workplace but adversely affects relationships in the work environment is nevertheless considered work-related.

Policy Administrative Controls

Responsibilities

Marketsupport is responsible for reviewing this policy every three (3) years and/or recommended amendments to ensure on-going compliance with regulated standards and legislated obligations.

Management personnel will ensure that they and the workers under their supervision are familiar with this policy.

Monitoring and Contraventions

Management personnel will monitor current practices to ensure compliance. Failure to comply with this policy may result in disciplinary action, up to and including dismissal.

Please note

Printed copies other than the original are not considered controlled documents | POL 004