Workplace Violence, Harassment and Discrimination Prevention Policy
Amherstburg, Ontario
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POLICY
Policy:
WORKPLACE VIOLENCE, HARASSMENT AND
DISCRIMINATION PREVENTION
Department:
Corporate Services
By-Law No.:
N/A
Division:
Human Resources
Approval Date:
November 25,
2019
Administered By: Manager of Human Resources
Replaces:
Workplace Violence, Harassment & Discrimination Prevention
Program - June 13, 2016
Attachment(s):
1. POLICY STATEMENT
1.1. The Corporation of the Town of Amherstburg is committed to providing a workplace climate
that reflects cooperation, understanding, respect and dignity for all. This is achieved by
promoting a Workplace Violence, Harassment and Discrimination Prevention Program.
1.2. The Town is committed to preventing violence, harassment and discrimination in the
workplace and in relation to all operations and activities.
1.3. The Town will promote a respectful workplace environment and take steps necessary to
protect its workers and ensure their well-being.
2. PURPOSE
2.1. The policy describes the Town's compliance with Bill 168, Occupational Health and Safety
Amendment Act (Violence and Harassment in the Workplace) 2009. This policy ensures
compliance with the requirements of the Ontario Human Rights Code.
2.2. This policy ensures that all reported incidents of workplace violence, harassment and
discrimination are dealt with in a timely and equitable manner and any incidents of which the
Town becomes aware shall be reviewed and appropriate action taken.
2.3. This policy describes a zero-tolerance approach to workplace violence, harassment and
discrimination.
3. SCOPE
3.1. This policy applies to all employees, elected/appointed officials, contractors, visitors,
volunteers and customers.
3.2. This policy and related procedures apply to all worksites, and work-related situations in the
workplace or arising from the course of employment. It includes off site business related
functions such as conferences, trade shows, or other similar functions. It applies to social
events related to work where the gathering is at a residence, place of business or some
other location where employees are gathering for the purpose social interaction. It also
applies to cyber locations such as social media applications.
3.3. This policy also extends to any circumstance whereby any of these persons become aware
of any situations of domestic violence that have the potential and/or probability of causing
physical injury to workers at any location where this policy applies.
3.4. In accordance with the OHSA, this policy shall be reviewed at least once per year from the
date it becomes effective, and/or sooner at the discretion of the Chief Administrative Officer.
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2.2 This policy ensures that all reported incidents of workplace violence, harassment and discrimination are dealt with in a timely and equitable manner and any incidents
of which the Town becomes aware shall be reviewed and appropriate action taken.
4. DEFINITIONS
4.1. Cyber Bullying, Cyber Harassment, Cyber Stalking: refers to tormenting, threatening,
intimidating, harassing, humiliating, actions against a person using an electronic medium
such as the internet, a cell phone, interactive and/or digital technology.
4.2. Discrimination is making a distinction or choice that limits the access of individuals and/or
groups to opportunities based on the prohibited grounds described in the Human Rights
Code. Grounds for discrimination include: race, national or ethnic origin, colour, religion,
age, sex, sexual orientation, gender identity or expression, marital status, family status,
disability, genetic characteristics or a conviction for which a pardon has been granted or a
record suspended.
4.3. Domestic Violence is widely understood to be a pattern of behaviour used by one person
to gain power and control over another person with whom he/she has or has had an
intimate relationship. This pattern of behaviour may include physical violence, sexual,
emotional and/or psychological intimidation, verbal abuse, stalking, and using electronic
devices to harass and control. Harassment and violence arising from personal relationships
outside the workplace could potentially expose a worker (victim/worker and others in the
workplace) to physical injury in the workplace.
4.4. EAP refers to the Employee Assistance Program offered by the Town of Amherstburg for
counselling and support services.
4.5. Employee for the purpose of this policy refers to any person (or group thereof) who supplies
services to the Town for wages or in an unpaid capacity including any union or non-union,
regular or temporary, full-time, part-time, seasonal or casual, co-op or intern, volunteer or
committee member.
examination of any incidents or allegations related to complaints of violence, harassment or discrimination. 4.6.1. The department, division or area Supervisor/ Manager may be designated as the Investigator for informal investigations; 4.6.2. For formal investigations, the Investigator will be appointed by Human Resources and may include another member of management, a Human Resources representative, an independent 3rd party, or other persons as deemed necessary by Human Resources. 4.7. JHSC refers to the Towns Joint Health and Safety Committee.
examination of any incidents or allegations related to complaints of violence, harassment or
discrimination. 4.6.1. The department, division or area Supervisor/ Manager may be designated as the Investigator for informal investigations; 4.6.2. For formal investigations, the Investigator will be appointed by Human Resources and may include another member of management, a Human Resources representative, an independent 3rd party, or other persons as deemed necessary by Human Resources. 4.7. JHSC refers to the Towns Joint Health and Safety Committee.
4.6.1.
The department, division or area Supervisor/ Manager may be designated as the
Investigator for informal investigations;
4.6.2.
For formal investigations, the Investigator will be appointed by Human Resources
and may include another member of management, a Human Resources
representative, an independent 3rd party, or other persons as deemed necessary
by Human Resources.
4.7. JHSC refers to the Town's Joint Health and Safety Committee.
4.8. OHSA is the Occupational Health and Safety Act.
4.9. Ontario Human Rights Code is a provincial anti-discrimination law that applies to
workplaces, housing, services, facilities, and to contracts or agreements. People have the
right to equal treatment and opportunities, without discrimination or harassment, in the areas
covered by the Code.
4.10. Poisoned Environment is a work environment spoiled by harassment or discrimination. It
is not necessarily directed toward an individual, but creates an environment that is
intimidating, hostile, humiliating or offensive and may interfere with work performance.
4.11. Prohibited Grounds as defined by the Ontario Human Rights Code, refers to race, national
or ethnic origin, colour, ancestry, religion, age, sex (including childbirth and pregnancy),
gender identity, gender expression, sexual orientation, marital status, family status, mental
or physical disability (including previous or present alcohol dependence), and pardoned
conviction.
4.12. Workplace as defined by OHSA, means any land, premises, location or thing, at, on, in or
near where a worker works. It includes all areas referenced in the Scope section of the
Policy.
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4.13. Workplace Harassment according to the OHSA is defined as "engaging in a course of
vexatious comment or conduct against a worker in a workplace that is known or ought
reasonably to be known to be unwelcome". Where harassment is based on one of the
protected grounds, it is also covered by the Ontario Human Rights Code. Workplace
Harassment does not include performance management, but may include:
4.13.1.
Behaviour that intimidates, isolates or even discriminates against the targeted
individual(s);
4.13.2.
Unwelcome words that are known or should be known to be offensive,
embarrassing, humiliating or demeaning to a worker or group of workers in a
workplace;
4.13.3.
Making remarks, jokes or innuendos that demean, ridicule, intimidate, or offend;
4.13.4.
Displaying, posting or circulating offensive pictures or materials in print or
electronic format including social media postings, with any information obtained in
the workplace (including names or events);
4.13.5.
Bullying, acts that could "mentally" hurt or isolate a person in the workplace. It can
involve negative physical contact, repeated incidents or a pattern of behaviour that
is intended to intimidate, offend, degrade or humiliate a particular person or groups
of people. The assertion of power through aggression;
4.13.6.
Repeated offensive or intimidating phone calls or e-mails; or
4.13.7.
Workplace sexual harassment.
4.14. Workplace Sexual Harassment means:
4.14.1.
Engaging in a course of vexatious comment or conduct against a worker in a
workplace because of sex, sexual orientation, gender identity or gender
expression, where the course of comment or conduct is known or ought
reasonably to be known to be unwelcome, or
4.14.2.
Making a sexual solicitation or advance where the person making the solicitation
or advance is in a position to confer, grant or deny a benefit or advancement to the
worker and the person knows or ought reasonably to know that the solicitation or
advance is unwelcome;
4.14.3.
Workplace sexual harassment may include:
4.14.3.1. Asking questions, talking, or writing about sexual activities;
4.14.3.2. Rough or vulgar humour or language related to sexuality, sexual
orientation or gender;
4.14.3.3. Displaying or circulating pornography, sexual images, or offensive
sexual jokes in print or electronic form;
4.14.3.4. Leering or inappropriate staring;
4.14.3.5. Invading personal space;
4.14.3.6. Unnecessary physical contact, including inappropriate touching;
4.14.3.7. Demanding hugs, dates, or sexual favours;
4.14.3.8. Making gender-related comments about someone's physical
characteristics, mannerisms, or conformity to sex-role stereotypes; or,
4.14.3.9. Verbally abusing, threatening or taunting someone based on gender or
sexual orientation; or threatening to penalize or otherwise punish a
worker if they refuse a sexual advance.
4.15. Workplace Violence as defined by OHSA, means the exercise, or attempt to exercise
physical force by a person against a worker, in a workplace, that causes or could cause
physical injury to the worker, a statement or behaviour that a worker could reasonably
interpret as a threat to exercise physical force against the worker in a workplace, that could
cause physical injury to the worker. This definition is broad enough to include acts that
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would constitute offences under the Criminal Code of Canada. Workplace violence may
include:
4.15.1.
Physical Attacks: Includes hitting, shoving, pushing or kicking the victim, or
inciting a physical attack from another source.
4.15.2.
Threatening Behaviour: Actions that intimidate or threaten another person (e.g.
shaking fists, destroying property, or throwing objects.)
4.15.3.
Verbal or Written Threats: Any expression of an intent to inflict harm, including:
a. Direct threat: Clear and explicit communication which distinctly
indicates that the potential offender intends to do harm.
b. Conditional threats: Involve a condition to threaten if something is
not done to please the perpetrator.
c. Veiled threats: Usually involve body language or behaviours that
leave little doubt in the mind of the victim that the perpetrator intends
harm.
4.16. Zero Tolerance for the purpose of this policy means a very strict, uncompromising
enforcement of rules.
Other common definitions, acronyms, and terms are available in the Glossary located on the
Town's Policies webpage.
5. INTERPRETATIONS
Any reference in this policy to any statute or any section of a statute shall, unless expressly
stated, be deemed to be reference to the statute as amended, restated or re-enacted from time to
time. Any references to a by-law or Town policy shall be deemed to be a reference to the most
recent passed policy or by-law and any replacements thereto.
6. GENERAL CONDITIONS
6.1. Promoting a Respectful Workplace Culture
6.1.1.
The Town will define and communicate expectations by reviewing and discussing
relevant policies and procedures on an annual basis.
6.1.2.
Employees of the Town will demonstrate respectful behaviour, personal integrity
and professionalism by practicing fairness and understanding, demonstrating
respect for individual rights and differences and encouraging accountability for
one's actions.
6.1.3.
A respectful workplace:
a. Is inclusive
b. Values diversity
c. Clearly communicates expectations around behaviour
d. Promotes employee health and safety
e. Provides resources and training to resolve disputes
f.
Strives for improvement
g. Has open channels of communication
h. Has a welcoming environment
i.
Offers opportunities for employee engagement
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4.15.3. Verbal or Written Threats: Any expressi
of an intent to inflict harm, including:
6.2. Violence Risk Assessment and Reassessment
6.2.1.
A risk assessment for potential workplace violence will be conducted annually at
each worksite in consultation with the JHSC. Consideration shall be given to the
following risk factors:
6.2.1.1. Areas of premises that are accessible to the public, or not secured
against unauthorized entry.
6.2.1.2. Employees who:
a. Work alone;
b. Travel and/or work off-site;
c. Handle cash or other valuables.
d. Engage in activities where clients, the public, or others may become
angry or aggressive.
e. Work in remote locations.
f.
Work outside of regular hours.
6.2.1.3. Building and parking lot security, access, egress, visibility and lighting.
6.2.1.4. Entrapment sites on premises.
6.2.1.5. Communication systems.
6.2.2.
The risk of violence will be reassessed where any changes in the work or the
environment arise, or if events occur, such as an incident of workplace violence, or
new information becomes available that may affect the accuracy of the
assessment.
6.3. Training
6.3.1.
All employees shall receive training on the workplace violence, harassment and
discrimination prevention program and procedures at the time of hire and at least
every two (2) years thereafter.
6.3.1.1. Additional training will be provided as needed, where conditions change
that result in revisions to the violence, harassment and discrimination
prevention policy, program and procedures.
6.3.1.2. Training will also be provided, where appropriate, to employees who
change positions.
6.4. Confidentiality
6.4.1.
The Town will take all reasonable measures to protect the privacy of individuals
involved in workplace violence and/or harassment, and to ensure that
complainants and respondents are treated fairly and respectfully.
6.4.2.
The Town will ensure that identifying information about any individuals involved
will not be disclosed unless the disclosure is necessary for the purposes of
investigating or taking corrective action with respect to the incident or complaint, or
is otherwise required by law.
6.4.3.
Information will be shared on a need to know basis only and all individuals
involved in the investigative process will be expected to maintain the confidentiality
of any and all information received.
6.4.4.
The results of an investigation conducted into incidents and complaints of
workplace harassment, and any report created in the course of or for the purposes
of the investigation, are not a report respecting occupational health and safety for
the purposes of subsection 25 (2).
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6.2.1.2. Employees who:
6.4.5.
The Town will provide the services of EAP as necessary to any employee who is a
victim of violence, harassment, or discrimination.
6.5. Fraudulent or Malicious Complaints
6.5.1.
Fraudulent or malicious complaints relating to violence, harassment and
discrimination against employees will not be tolerated.
6.5.1.1. Unfounded or frivolous allegations of violence, harassment or
discrimination may cause significant damage to both the accused person
and to the Town.
6.5.2.
If it is determined by the Town that any employee has knowingly made false
statements regarding an allegation of violence, harassment, or discrimination,
immediate disciplinary action will be taken.
6.5.2.1. As with any case of dishonesty, disciplinary action may include
immediate dismissal without notice.
6.6. Managing and/or Coaching
6.6.1.
Counselling, performance appraisals, work assignments, and the implementation
of disciplinary actions are not forms of harassment.
6.6.1.1. This policy does not restrict management's responsibilities in these
areas.
6.7. Special Circumstances
6.7.1.
Should an employee have a legal court order (e.g. restraining order, or "no-
contact" order) against another individual and the employee feels the aggressor is
unlikely to attempt to contact the employee at the Town, the employee may, at
his/her discretion, notify his or her Supervisor and supply a copy of the order to
the Human Resources division. Should the employee strongly feel that the
aggressor may attempt to contact the employee at the Town in direct violation of
the court order, the employee must notify his or her Supervisor and provide a copy
of the order to the Human Resources division.
6.7.1.1. Such information shall be kept confidential except in cases where the
information needs to be shared with the supervisor, or other appropriate
employees to ensure the safety of the affected employee and other
employees of the Town.
6.7.2.
In cases where criminal proceedings are forthcoming, the Town will assist police
agencies, lawyers, insurance companies, and courts to the extent possible and
allowed under current law.
7. RESPONSIBILITIES
7.1. In order to comply with duties identified in the OHSA, the following responsibilities are
determined to apply specifically for the protection of Town of Amherstburg employees from
potential exposure to workplace violence.
7.1.1.
Council has the authority and responsibility to:
7.1.1.1. Ensure adequate human and financial resources are made available to
Administration to meet the prescribed requirements of the OHSA and
corresponding regulations.
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7.1.2.
SMT, Managers, and Supervisors have the authority and responsibility to:
7.1.2.1. Ensure the workplace violence, harassment and discrimination
prevention policy is prepared, posted, reviewed annually, and training is
provided to all employees on the policy and procedures.
7.1.2.2.
Assess the risks of workplace violence that may arise from the nature of
the workplace, the type of work, or the conditions of work.
7.1.2.3. Provide information to a worker, including personal information, related
to a risk of workplace violence from a person with a history of violent
behaviour if the worker can be expected to encounter that person in the
course of work, and the risk of workplace violence is likely to expose the
worker to physical injury.
7.1.2.4. Take every precaution reasonable in the circumstances, which shall
include taking all steps and corrective actions necessary for the
protection of workers, if the employer becomes aware, or ought
reasonably to be aware, that domestic violence would likely expose a
worker to physical injury that may occur in the workplace.
7.1.2.5. For contractors, visitors, and volunteers interacting with Town staff or
within Town owned facilities, information on the Violence, Harassment
and Discrimination Prevention policy and procedures shall be posted in a
visible location in all public facilities of the Town and, where appropriate,
otherwise provided. 7.1.2.6. Ensure that all incidents of alleged or actual violence, harassment or
7.1.2.6. Ensure that all incidents of alleged or actual violence, harassment or
discrimination are promptly reported, documented, investigated, and that
necessary corrective actions are taken.
7.1.3.
Human Resources has the authority and responsibility to:
7.1.3.1. Ensure that workers receive information and training on the workplace
violence, harassment and discrimination prevention policy and
procedures.
7.1.3.2. Ensure that incidents of workplace violence, harassment and
discrimination are investigated in accordance with this policy and
procedures.
7.1.3.3. Document and retain records of all incidents in accordance with the
Town's records retention policy.
7.1.4.
Employees have the responsibility to:
7.1.4.1. Create and maintain a work environment that is free from violence,
harassment or discrimination.
7.1.4.2. Follow the policy and procedures regarding violence, harassment and
discrimination prevention.
7.1.4.3. Promptly report to their Supervisor, Manager, or Human Resources any
incidents of alleged or actual violence, harassment or discrimination
8. REFERENCES AND RELATED DOCUMENTS
8.1. Occupational Health & Safety Act, R.S.O. 1990, c.O.1 (as amended)
8.2. Bill 168, Occupational Health and Safety Amendment Act (Violence and Harassment in the
Workplace (2009)
8.3. Ontario Ministry of Labour - Workplace Violence and Workplace Harassment
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8.4. Ontario Ministry of Labour - Understanding the Law on Workplace Violence and
Harassment,
8.5. Ontario Human Rights Code, R.S.A. 1990, c. H. 19
8.6. Criminal Code Government of Canada
8.7. Freedom of Information and Privacy Protection Act
8.8. Violence in the Workplace Prevention Guide, Canadian Centre for Occupational Health &
Safety
8.9. Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 (as amended)
8.10. Town of Amherstburg Procedure for Incidents of Violence CAO-HR-PRC04.1
8.11. Town of Amherstburg Procedure for Incidents of Harassment CAO-HR-PRC04.2
8.12. Employee Code of Conduct Policy
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