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Rural Municipality of Whitemouth H. 2
POLICY HARASSMENT AND NON-DISCRIMINATION
OVERVIEW
It is the policy of the RURAL MUNICIPALITY OF WHITEMOUTH (the
"Municipality") to strive to provide a work environment that is supportive
of productivity and the dignity and self-esteem of every employee. In this
regard, it is the policy of the Municipality to strive to provide a workplace
free from prohibited harassment and discrimination. The Municipality will
not knowingly exercise, practice or condone any harassment of or by its
employees or discrimination against its employees by reason of:
a) ancestry, including colour or perceived race;
b) nationality or national origin;
c) ethnic background or origin;
d) religion or creed, or religious belief, religious association or
religious activity;
e) age;
f) sex, including pregnancy, the possibility of pregnancy, or
circumstances related to pregnancy;
g) gender determined characteristics or circumstances other than
those included in clause (f);
h) sexual orientation;
i) marital or family status;
j) source of income;
k) political belief political association or political activity; or
l) physical or mental disability or related characteristics or
circumstances, including reliance on a dog guide or other animal
assistance, a wheelchair, or any other remedial appliance or
device.
It is the responsibility of all supervisors and managers to foster a
working environment free of prohibited discrimination and harassment.
It is the responsibility of all employees, including supervisors and managers,
to refrain from activities which may, on reasonable grounds, be perceived
to be prohibited harassment or discrimination.
The Municipality considers harassment and discrimination to be serious
misconduct which is subject to disciplinary action up to and including
discharge. Retaliation, or threat of retaliation for lodging a complaint about
harassment or discrimination, will be treated as serious misconduct in the
same way.
There will be no reprisal or threat of reprisal by the Municipality against
any employee who chooses to exercise his or her rights under this policy
provided the complaint is not frivolous or vexatious. The Municipality does
not condone reprisals or threats of reprisal against any employee who
exercises his or her legitimate rights under this policy.
DEFINITIONS
Discrimination
-differential treatment of an individual on the basis of
the characteristics referred to above except where
such differential treatment is based on bona fide
occupational requirements.
Harassment
-any unwelcome and/or abusive comment or conduct
directed to an individual on the basis of any of the
characteristics referred to above.
Sexual harassment -any unwelcome conduct or comment of a sexual
nature
that
detrimentally
affects
the
work
environment
or
leads
to
adverse
job-related
consequences for the victim of the harassment.
Sexual harassment may be one event or a series of
events. Both males and females can be either the
victims or the perpetrators of sexual harassment.
Sexual harassment may include, but is not limited to,
the following:
(a)
unwelcome sexual advances or solicitations;
(b)
unnecessary physical contact;
(c)
suggestive remarks;
(d)
abusive, derogatory or threatening statements;
leering at a person's body;
(e)
demanding sexual favours;
(f)
compromising invitations;
(g)
unwelcome remarks, jokes, innuendos, or
taunting;
displaying pornographic, suggestive, offensive
or other derogatory pictures;
physical assault;
(h)
a sexual solicitation or advance made by a
person in a position to influence the recipient's
employment or employment status; and
(i)
a reprisal or a threat of reprisal for reflecting a
sexual advance.
PROCEDURE
If an employee perceives that he or she is being harassed or discriminated
against, he or she should, if at all possible, confront the offending individual
(the "Respondent") and inform him or her that his or her conduct in
unacceptable and unwelcome.
If the person being harassed or discriminated against (the "Complainant")
is unable to approach the Respondent directly, or if the approach is
unsuccessful, the Complainant should report the offensive conduct to his
or her immediate supervisor.
If it is the immediate supervisor who is engaging in the offensive conduct,
the Complainant should report to the supervisor of such immediate
supervisor.
The Municipality encourages employees to report any instances of
harassment or discrimination immediately. The Municipality will deal
quickly and fairly with every instance of alleged or reported harassment
and discrimination. All inquiries or complaints and information pertaining
to a complaint will be treated in strict confidence. The name of the
Complainant and Respondent, and the circumstances relating to the
complaint will be disclosed only where it is necessary for the purposes of
investigating the complaint or for taking disciplinary action.
The recipient of the complaint (the "Recipient") shall request that the
complainant reduce the complaint to writing and shall inform the
Complainant that it will be forwarded to the Chief Administrative Officer
forthwith. Thereafter, the Recipient shall, within one working day of
receiving the written complaint, personally deliver it to the Chief
Administrative Officer.
Employees who are being harassed or discriminated against are
encouraged to document the incidents of harassment or discrimination and
the witnesses to any such harassment or discrimination and to provide such
information to the Recipient who shall pass it on to the Chief Administrative
Officer, along with the written complaint.
The Chief Administrative Officer shall investigate the complaint, such
investigation to include an interview with the Complainant, the Respondent,
the Respondent's supervisor and any witnesses, plus a review of any
relevant documentation. The Complainant and the Respondent may be
accompanied to any such interview by a union representative (in the case
of Union employees), or by another employee (in the case of non-union
employees).
The investigation shall be completed within twenty (20) days of receipt of
the written complaint at which time a report will be prepared and submitted
to the appropriate manager. Upon completion of the investigation, the
Complainant and Respondent shall be notified of the date upon which a
final report is made and receive a summary of findings, but not the content
of the report. If a complaint is substantiated and it is determined that
disciplinary action is warranted, such action shall be taken in accordance
with the normal practices regarding discipline.
In cases where frivolous or vexatious complaints are submitted, the
Municipality may take disciplinary action against the complainant. A
frivolous or vexatious complaint is one which has no merit and which is
made for the purpose of embarrassing or harming the Respondent. A
complaint may be unsubstantiated without necessarily being frivolous or
vexatious.
By initiating or participating in a complaint, an employee does not
surrender or waive any right to file a complaint with the Manitoba Human
Rights Commission (the "M.H.R.C.") under The Human Rights Code.
Similarly, initiating a complaint pursuant to this policy is not a prerequisite
to filing a complaint with the M.H.R.C. If an employee chooses to lodge a
complaint with the M.H.R.C., the Municipality requests that the employee
inform the Chief Administrative Officer of his or her intention to do so.
If an employee files a complaint of harassment with the Manitoba Human
Rights Commission, information obtained during the investigation
contemplated by this policy shall be disclosed in accordance with the
provisions of The Human Rights Code.
Reviewed and Accepted February 27, 2024, Resolution No.42/24
Accepted as Policy on April 27, 2016, by Resolution No. 138/16