- Policies should begin with a positive statement dealing with an organization’s commitment to observe human rights principles, which includes providing a workplace that is free from discrimination and harassment, and where all employees are treated respectfully. Provincial human rights legislation can provide guidance for the overarching principles espoused in this type of policy statement.
- It is wise to be clear in regards to the policy’s scope and application. Given the liberal interpretation given to human rights legislation, organizations should refer specifically to employees and others, including contractors and volunteers, potentially. Further, employers may wish to ensure that others are familiar with how the policy applies to each facet of the relationship between organization and individual – from hiring to termination or cessation of employment.
- The policy should identify the applicable human rights grounds contained in local human rights statute(s). Definitions may prove helpful in making clear the scope of each protected ground. Other key concepts can be defined for clarity. Examples often prove helpful. For example, harassment is often defined to include a list of types of behaviours from statements, remarks, jokes, and conduct, etc. Many organizations make clear, however, that performance management is not harassment. The Ontario Human Rights Commission’s Guidelines provide the following definition of harassment:
Harassment means a course of comments or actions that are known, or ought reasonably to be known, to be unwelcome. It can involve words or actions that are known or should be known to be offensive, embarrassing, humiliating, demeaning, or unwelcome, based on a ground of discrimination…
Examples of harassment include:
- Epithets, remarks, jokes or innuendoes related to an individual’s race, sex, disability, sexual orientation, creed, age, or any other ground;
- Display or circulation of offensive pictures, graffiti or materials, whether in print form or via email or other electronic means;
- Singling out an individual for humiliating or demeaning “teasing” or jokes because they are a member of a protected group;
- Comments ridiculing an individual because of characteristics, dress etc. that are related to a ground of discrimination.
- How to make a complaint and to whom a complaint should be made should be clearly set out in the policy. In order to manage expectations, a step-by-step discussion should be included detailing the processes that will be undertaken upon the organization’s receipt of a complaint from beginning to end. Issues relating to confidentiality and privacy should be addressed.
- Accommodation practices and expectations may also be worked in to an organization’s policies, explaining what is expected when requests for accommodation are made, the types of evidence that may be required and the extent of the organization’s obligations confirmed. Such a policy may be in addition to or in respect of other statutory requirements to have policies relating to accommodation in the workplace,such as in Ontario’s Accessibility for Ontarians with Disabilities Act.
