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