Ontario Policing Standards Manual (2000) - Equal Opportunity PDF

Policing Standards Manual (2000) Equal Opportunity, Discrimination and Workplace Harassment Legislative/Regulatory Requirements Equal Opportunity is consistent with the principles of the Police Services Act (PSA), including “the need for s...

Policing Standards Manual (2000) Equal Opportunity, Discrimination and Workplace Harassment Legislative/Regulatory Requirements Equal Opportunity is consistent with the principles of the Police Services Act (PSA), including “the need for sensitivity to the pluralistic, multicultural and multiracial character of Ontario’s society”, and “the need to ensure police services are representative of the communities they serve.” Under the Ontario Human Rights Code employers are required to provide accommodation, unless to provide accommodation would cause undue hardship to the employer, considering the costs, outside sources of funding, if any, and health and safety requirements, if any. Section 47 of the PSA addresses the accommodation of needs of disabled members of police services in accordance with the Ontario Human Rights Code. In addition, the Ontario Human Rights Code defines harassment as: “Engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.” Under the Ontario Human Rights Code, employers, people acting for employers and co- workers are prohibited from harassing an employee on the grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, age, record of offences, marital status, same sex partnership status, family status or handicap. Sexual remarks or physical contact are considered sexual harassment and are prohibited where they are known or ought to be known to be unwelcomed. Furthermore, the Ontario Human Rights Code specifically prohibits a sexual advance or solicitation by a person who is in a position to grant or deny a benefit to another where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcomed. Sample Board Policy Board Policy #_____________ It is the policy of the _______________ Police Services Board with respect to equal opportunity and workplace harassment that the Chief of Police will: a) establish procedures on equal opportunity that are consistent with the principles of the Police Services Act and the Ontario Human Rights Code, including recruitment, selection, career development and promotion; November 2000 AI-003 1/5 Ontario Ministry of the Solicitor General  Policing Standards Manual (2000) Equal Opportunity, Discrimination and Workplace Harassment b) establish procedures on responding to and preventing discrimination and harassment in the workplace, including stereotyping; c) ensure that no sexist, racist or other offensive or derogatory material is displayed in the workplace; d) establish procedures on employment accommodation in accordance with the Ontario Human Rights Code and section 47 of the Police Services Act; e) implement an employee performance appraisal system; and f) ensure that all officers receive training on race relations, diversity and human rights. Police Service Guidelines Procedures 1. Every police service’s procedures on equal opportunity should: a) ensure that merit will be the basis of hiring, promotion and other employment practices of the police service, thereby allowing individuals to be judged on their abilities; b) require that the essential job qualifications of positions are identified prior to hiring or promoting, including: i) identifying the essential duties of a position; and ii) identifying the qualifications that candidates should have on the first day of the job; and c) require that all job qualifications be essential and bona fide, that is: i) be for a purpose rationally connected to the performance of the job; ii) be adopted in an honest and good faith belief that they are necessary to the fulfillment of that work-related purpose; and iii) be reasonably necessary to the accomplishment of that legitimate work-related purpose, i.e., that it is impossible without undue hardship to accommodate individual employees who do not meet the qualification. 2. Every police service’s procedures and processes on recruitment should: a) indicate the level of knowledge, skills and abilities required by those responsible for the recruitment process; b) set out the training required by those responsible for the recruitment process; c) define when to recruit internally and externally; d) when recruiting externally, identify a strategy for advertising available positions to all segments of the community; e) allow for adequate response time for job postings; and f) ensure persons with a disability have access to the recruitment process (i.e., access to the job advertisement, adequate time for response, accessible process to submit application). November 2000 AI-003 2/5 Ontario Ministry of the Solicitor General Policing Standards Manual (2000) Equal Opportunity, Discrimination and Workplace Harassment 3. Every police service’s procedures and processes on selection should: a) indicate the level of knowledge, skills and abilities required by those responsible for the selection process; b) set out the training required by those responsible for the selection process; c) require the screening of all applicants based on essential qualifications required on the first day of the job; d) be consistent with the Ontario Human Rights Code; e) identify processes for determining if applicants require any accommodation, in order to allow them to participate equally in the process to demonstrate their ability to perform the essential job qualifications; f) ensure when assessing qualifications, that education and experience acquired outside of Canada is given appropriate consideration; g) ensure standardized rating schemes are developed that are consistent with the Ontario Human Rights Code and the Supreme Court Meiorin decision, and consist of criteria that are reasonable, genuine and directly related to the requirements of the job; and h) ensure that all participants, including the candidates, are aware of the selection process. 4. Every police service’s procedures and processes on promotion should: a) indicate the level of knowledge, skills and abilities required by those responsible for the promotion process; b) set out the training required by those responsible for the promotion process; c) require the screening of all applicants based on essential qualifications required on the first day of the job; d) ensure that the selection criteria are communicated to all applicable employees in advance of the promotional process, to enable the employees to develop or acquire required competencies; e) identify processes for determining if applicants require any accommodation, in order to allow them to participate equally in the process to demonstrate their ability to perform the essential job competencies; f) ensure when assessing qualifications, that education and experience acquired outside of Canada is given appropriate consideration; g) ensure standardized rating schemes are developed that are consistent with the Ontario Human Rights Code and the Supreme Court Meiorin decision, and consist of criteria that are reasonable, genuine and directly related to the requirements of the job; and h) ensure that all participants, including the candidates, are aware of the promotional process. November 2000 AI-003 3/5 Ontario Ministry of the Solicitor General Policing Standards Manual (2000) Equal Opportunity, Discrimination and Workplace Harassment 5. Every police service’s procedures on responding to and preventing discrimination and harassment should: a) communicate that discrimination and harassment are not to be tolerated in the workplace; b) set out the responsibilities of employees to monitor their own behavior and actively confront discrimination and harassment they observe, and ensure that supervisory staff understand their legal obligations and responsibilities to create a work environment free of discrimination and harassment; c) set out the steps for resolving incidents of discrimination and harassment in the workplace, including ensuring that the privacy of the complainant, as well as the a the (alleged) offender, is protected; d) require that all inquiries/complaints are dealt with respectfully and objectively; e) address the mechanism for employees to seek guidance/advice on issues concerning discrimination and harassment; f) require that all internal and external communications produced/delivered do not either overtly or subtly reinforce stereotypes; and g) ensure that all employees, including supervisors, understand their responsibility to ensure that stereotyping does not occur in the workplace. 6. Every Chief of Police should ensure that no sexist, racist or other offensive or derogatory material is displayed in the workplace. 7. Every police service’s procedures on employment accommodation should be in accordance with the Ontario Human Rights Code and section 47 of the Police Services Act, and should: a) address accommodation for persons with disabilities, including ensuring that, short of undue hardship: i) employees with a disability receive the accommodation they require in a way that is equitable, respects their dignity, maximizes their ability to contribute and enables them to participate in all aspects of employment with the police service; and ii) applicants with a disability receive the accommodation they require in a way that is equitable, respects their dignity, maximizes their ability to compete for jobs within the police service; b) address the mechanism for accommodating, short of undue hardship, employees with family responsibilities, employees with religious needs and pregnant women; c) ensure the specific needs of an individual employee or applicant are assessed and reasonably met; d) ensure accommodation is provided for all employment activities, for example: staffing; the duties and requirements of positions; and training and career development opportunities; and November 2000 AI-003 4/5 Ontario Ministry of the Solicitor General  Policing Standards Manual (2000) Equal Opportunity, Discrimination and Workplace Harassment e) ensure supervisors understand their responsibilities to make the climate of the workplace receptive to persons with a disability. 8. Every Chief of Police should implement an employee performance appraisal system. Training 9. Every Chief of Police should ensure that all officers receive training on race relations, diversity and human rights. 10. Every Chief of Police should ensure that, as part of the training on race relations, diversity and human rights, the police service’s policy and procedures dealing with equal opportunity, discrimination and workplace harassment are reviewed with all officers. November 2000 AI-003 5/5 Ontario Ministry of the Solicitor General