HARP Part 4

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Questions and Answers

What is an allegation according to the policy?

An unproven assertion or statement based on a person's perspective that the policy has been violated (correct)

A written or verbal report by a complainant alleging harassment and/or discrimination

The legal obligation to take steps to eliminate disadvantage caused by systemic barriers

A proven assertion of discrimination or harassment

Who is the complainant according to the policy?

The person investigating the allegation

The person alleging that discrimination or harassment occurred (correct)

The person offended by the allegation

The person responsible for taking steps to eliminate disadvantage

What is discrimination according to the policy?

Any practice or behaviour that has a positive impact on an individual or group

Any practice or behaviour that is intentional and has a negative impact on an individual or group

Any practice or behaviour that has a negative impact on an individual or group not protected in the Ontario Human Rights Code

Any practice or behaviour, whether intentional or not, which has a negative impact on an individual or group protected in the Ontario Human Rights Code (correct)

What is the duty to accommodate according to the policy?

The legal obligation to take steps to eliminate disadvantage caused by systemic, attitudinal or physical barriers that unfairly exclude individuals or groups protected under the Ontario Human Rights Code Signup and view all the answers

What can arise from the unequal effect of treating individuals and groups in the same way?

Discrimination Signup and view all the answers

What is a complaint according to the policy?

A written or verbal report by a complainant alleging that they have experienced or witnessed harassment and/or discrimination Signup and view all the answers

What is the basis of discrimination according to the policy?

The individual's membership in a prohibited ground Signup and view all the answers

What is the result of discrimination in terms of access to goods, services, facilities, employment, housing accommodation or contracts?

Limited or no access Signup and view all the answers

What is the term used to describe the treatment that brings about an equality of results and may require different treatment in some instances?

Equal treatment Signup and view all the answers

Who is considered an employee under this policy?

Job applicants and individuals performing services directly on the City’s behalf Signup and view all the answers

What is an incident under this policy?

An event or occurrence in which discriminatory and/or harassing behaviour is exhibited in the workplace Signup and view all the answers

What is incivility under this policy?

Rude, discourteous interactions that display a lack of regard for others Signup and view all the answers

What is the definition of harassment under the Ontario Human Rights Code?

A course of conduct that is known or ought reasonably to be known to be unwelcome Signup and view all the answers

What is an example of Code-based harassment?

Making inappropriate jokes or displaying offensive materials Signup and view all the answers

Who is responsible for telling a harasser to stop?

There is no legal obligation for anyone to tell a harasser to stop Signup and view all the answers

What is not a form of harassment under this policy?

Normal social interaction between employees Signup and view all the answers

What is the purpose of accommodation?

To remove barriers and ensure equal access Signup and view all the answers

What is failure to accommodate?

A form of discrimination if it is not done except where it would cause undue hardship Signup and view all the answers

What is the key factor in determining whether behaviour is considered harassment in the workplace?

Whether the behaviour is known or ought reasonably to be known to be unwelcome Signup and view all the answers

What is an example of behaviour that is not considered workplace harassment?

A single comment or action that is not serious and does not have a lasting harmful effect Signup and view all the answers

What is the main difference between workplace harassment and workplace sexual harassment?

One is related to a prohibited ground identified in the Ontario Human Rights Code, while the other is not Signup and view all the answers

What is an example of a behaviour that may be considered constructive feedback?

Performance feedback from a supervisor or manager Signup and view all the answers

What is the primary reason why a single incident of behaviour may be considered workplace harassment?

Because it has a lasting harmful effect Signup and view all the answers

What is not considered a legitimate reason for behaviour that may be considered harassment?

Intent to harm Signup and view all the answers

Why is it important to consider the context of a behaviour when determining whether it is harassment?

Because the context can change the impact of the behaviour on the targeted person Signup and view all the answers

What is the purpose of this policy on workplace harassment?

To prevent workplace harassment and ensure a respectful work environment Signup and view all the answers

Study Notes

Definitions

An allegation is an unproven assertion or statement based on a person's perspective that the policy has been violated.
A complainant is the person alleging that discrimination or harassment occurred, and there can be more than one complainant in a human rights complaint.
A complaint is a written or verbal report by a complainant alleging that they have experienced or witnessed harassment and/or discrimination based on one or more of the grounds identified in the policy.

Discrimination and Harassment

Discrimination is any practice or behavior that has a negative impact on an individual or group protected under the Ontario Human Rights Code, excluding, denying benefits, or imposing burdens upon them.
Duty to accommodate is the legal obligation to take steps to eliminate disadvantage caused by systemic, attitudinal, or physical barriers that unfairly exclude individuals or groups protected under the Ontario Human Rights Code.
Employee For the purpose of this policy, the term employee includes: City of Toronto employees, job applicants and individuals performing services directly on the City’s behalf whether with or without compensation or benefit, excluding individuals providing services by way of service provision/third party contracts – see section 2.3
Equal treatment is treatment that brings about an equality of results and that may, in some instances, require different treatment. For example, to give all employees equal treatment in entering a building, it may be necessary to provide a ramp for an employee who requires the use of a wheelchair.
Incident An incident is an event or occurrence in which discriminatory and/or harassing behaviour is exhibited in the workplace. An incident includes situations where an individual knows or ought to have reasonably known that the behaviour is contrary to this policy. An incident may not have to be raised to management directly by a complainant (e.g., a manager is aware of sexualized banter between workers through observation or this information is raised to the manager by a third party but no one has come forward to complain).
Harassment is a form of discrimination that may result from a single significant incident or a series of incidents, and can occur between various individuals in the workplace.
Incivility refers to conduct that is not harassment, characterized by rude, discourteous interactions that display a lack of regard for others.

Types of Harassment

Code-based harassment is defined in the Ontario Human Rights Code as engaging in a course or conduct that is known or ought reasonably to be known to be unwelcome based on one or more of the prohibited grounds listed in the Code.
Examples of Code-based harassment include:
Slurs or derogatory remarks
Threats
Inappropriate jokes, innuendos, name-calling, teasing, embarrassing practical jokes
Insulting gestures
Displaying pin-ups, pornography, racist, homophobic or other offensive materials
(Non-Code) Workplace harassment is harassment that is not related to a prohibited ground identified in the Ontario Human Rights Code, and includes:
Vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome
Workplace Sexual Harassment
Examples of workplace harassment include:
Frequent angry shouting/yelling or blow-ups
Regular use of profanity and abusive language
Verbal or e-mail threats
Intimidating behaviors
Targeting individual(s) in humiliating practical jokes
Excluding, shunning, impeding work performance
Spreading gossip, rumors, negative blogging, cyber-bullying
Retaliation, bullying, sabotaging
Unsubstantiated criticism, unreasonable demands
Frequent insults and/or name calling
Public humiliation
Communication that is demeaning, insulting, humiliating, mocking
Intent to harm
A single, serious incident that has a lasting, harmful impact
Workplace harassment does not include:
- legitimate performance/probation management
- appropriate exercise and delegation of managerial authority
- operational directives/direction of workers or the workplace
- other reasonable action(s) taken by management
- a disagreement or misunderstanding
- conflict between co-workers
- work related change of location, co-workers, job assignment
- appropriate discipline
- less than optimal management
- a single comment or action unless it is serious and has a lasting harmful effect
- rudeness unless it is extreme and repetitive
- incivility
- conditions in the workplace that generate stress (technological change, impending layoff, a new boss, friction with other employees, workload, etc.).

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Description

This quiz covers the definitions of key terms related to human rights complaints, including allegations, complainants, and complaints.