Respect in the Workplace Policy

STATE of POLICY and PROCEDURE 
Department
PEL
Policy No. (or n/a) 08.02
Name
Respect in the Workplace Policy
Review Frequency Annual
Approved by
Board Replaces 08.01
Effective date
October 26, 2021 Dated October 5, 2011

Respect in the workplace: discrimination, harassment, violence and bullying

This policy covers MakeWay Foundation and MakeWay Charitable Society, collectively called MakeWay, and is designed to ensure a safe and non-discriminatory work environment and to meet legal requirements.

MakeWay believes that everyone has the right to a work environment where every individual is treated with dignity and respect and a responsibility to treat others the same way. Similarly, MakeWay is dedicated to providing a psychologically safe and healthy working environment for all of its employees, so that everyone is able to bring their full selves to MakeWay. A psychologically healthy and safe workplace is one that promotes psychological well-being and actively works to prevent harm to psychological health including in negligent, reckless or intentional ways.

In other words, the MakeWay workplace is characterized by:

  • Polite and considerate behaviour toward others;
  • An appreciation for inclusion and diversity, supporting different backgrounds, cultures, identities, strengths and opinions;
  • Safety and protection from disrespectful, discriminatory, bullying and harassing behaviour including microaggressions;
  • Physiological safety which ensures employees won’t be punished or humiliated for speaking up with ideas, questions, concerns, or mistakes;
  • Constructive resolution of disputes,   appropriate conflict resolution processes
  • Accepting responsibility should one’s behaviour offend another worker;
  • Support for employees to help them practice personal conflict resolution and respectful workplace skills.

MakeWay policies, processes and culture are built to prevent discrimination and harassment, ensure the reporting and resolving of conflicts early (and informally where possible), and in eliminating causes of discrimination, harassment and conflict.

The policy and guidelines outlined here apply to behaviour on MakeWay premises; during work- related travel; at conferences, training sessions, and seminars attended for work; on non-MakeWay premises where MakeWay colleagues gather under the auspices of the organization; during off-site social events organized by the organization for colleagues who are off-duty; and to all written, verbal and electronic communication taking place in such venues.

Discrimination and harassment

MakeWay is committed to providing workplaces and operations that protect the right to be free of discrimination based on age; ancestry; citizenship; colour; conviction of a criminal or summary conviction offence (unrelated to the employment of that person); disability; ethnic origin; family or marital status; gender identity or expression; level of literacy and education; disability; political belief or affiliation; nationality or immigration status (unrelated to the employment of that person); race; religion or religious beliefs; sex; sexual orientation; gender identity or any other personal characteristics.

Discrimination is any behavior by an individual directed against another individual, related to these protected characteristics that a person would know or ought to know, would;

  • Have the effect of interfering with the individual’s work or participation in work- related activities; 
  • Create a hostile, intimidating or offensive environment for work or participation in work- related activities.

Workplace harassment can involve unwelcome words or actions that are known or should be known to be offensive, embarrassing, humiliating or demeaning to a colleague, or groups of colleagues. It can also include behaviour that intimidates, isolates or even discriminates against the targeted individual(s).

Such behavior includes but is not limited to:

  • making derogatory comments to or about another individual
  • swearing
  • yelling
  • shunning
  • inappropriately interfering in another individual’s work
  • derogatory gestures
  • embarrassing practical jokes
  • ridicule or gossip
  • heedless disregard or denial of another’s rights
  • improper use of power or authority
  • uttering threats
  • physical assault

Actions not considered harassment

Nothing in this Policy restricts:

  • The legitimate exercise of direct supporting colleague responsibilities, including giving advice; assigning work; contribution appraisal; or behavior correction; and discipline for cause; 
  • Respectful discussion of different points of view; 
  • The freedom of colleagues to choose with whom they socialize in activities not related to the workplace.

Sexual and gender-based harassment

Workplace sexual harassment can involve unwelcome words or actions associated with sex, sexual orientation, gender identity or gender expression that are known or should be known to be offensive, embarrassing, humiliating or demeaning to a person in a workplace.

Examples of sexual and gender-based harassment include, but are not limited to:

  • making unnecessary physical contact, including unwanted touching or demanding hugs
  • calling people unkind names that relate to their sex or gender identity or expression
  • making comments about a person’s physical appearance
  • saying or doing something because you think a person does not fit sex-role stereotypes
  • posting or sharing pornography, sexual pictures, cartoons, graffiti or other sexual images (including online)
  • making sexual jokes
  • bullying based on sex or gender identity or expression
  • spreading sexual rumours or gossip (including online)
  • asking for sex in exchange for something, like offering a raise or promotion
  • asking for dates and not taking “no” for an answer

Bullying

Bullying is usually targeted with an intention to intimidate, offend, degrade or humiliate. Bullying actions and tactics can be both obvious and subtle as well as physical and psychological. Below are some examples of behaviours that may be determined to be bullying. This is not an exhaustive list:

  • Aggressive or frightening behaviour such as swearing, shouting or intimidation by threatening violence
  • Spreading false accusations about a person
  • Criticism, humiliation, invasion of privacy, slanderous comments, undermining, destructive rumours or gossip and making unreasonable demands
  • Rude, belittling or sarcastic comments ("you're hopeless" or "she's on her way out")
  • Abusive, belittling or intimidating phone calls, emails, notes and so on
  • Baiting or unreasonable teasing, for example, singing derogatory songs and inserting the person's name or using cruel nicknames
  • Nasty practical jokes
  • Deliberate and unreasonable isolation or exclusion from work discussions, communication or other work-related activities
  • Ignoring the person
  • Withholding necessary information or deliberately withholding work flow so that a person cannot carry out their duties
  • Removing areas of responsibility without cause

Microaggressions

Microaggressions are defined as a statement, action, or incident regarded as an instance of indirect, subtle, or unintentional discrimination against members of a marginalized group such as a racial or ethnic minority. These incidents, in the context of racist assumptions and stereotypes, communicate a negative bias towards the target person or group and can have detrimental effects on a colleagues health and psychological wellbeing. Microaggressions can be committed by those who might not even be aware of them so we all need to commit to be more aware of our biases and impact we have on others in order to create a more inclusive space.

Workplace violence

Workplace violence is the attempted or actual exercise by a person of any physical force so as to cause injury to a worker, and includes any threatening statement or behaviour which gives someone reasonable cause to believe that they are at risk of injury. This also includes threats, verbal abuse, and intimidation.

Witnessing bullying, harassment, violence, or discrimination

All MakeWay staff are responsible for contributing to a safe and respectful workplace. To maintain a safe, respectful and inclusive environment we ask that any incidents of bullying, harassment, violence or discrimination that are witnessed are reported to a manager or a PEL representative, and assistance with any corresponding investigations as necessary. 

Process for Dealing with Bullying, Harassment, Violence or Discrimination

  1. In all cases where a complaint of bullying, harassment, violence or discrimination is made in good faith, the employee will not be disciplined or retaliated against in any way.
  2. If you feel safe doing so, speak to the individual engaging in disrespectful behaviour. Tell the offending individual that their behaviour is unwelcome and ask them to stop.
  3. If, after asking the other individual to stop their behaviour, the activity continues, make notes of what occurred, the date it occurred and any witnesses to the events. Report the inappropriate behaviour to your manager or to the MakeWay PEL representative.
  4. If you do not feel safe speaking directly to the individual, ask your manager, a colleague or a MakeWay People, Engagement and Learning (PEL) representative for help. This will remain confidential.
  5. Where appropriate, your manager, colleague, or the PEL representative may attempt to facilitate a discussion between you and the other individual to resolve the complaint.
  6. If the complaint involves an allegation of harassment, you or your manager must report to the PEL representative.  If your concern relates to the People and culture representative, you may contact the President and CEO.
  7. Upon receipt of a harassment complaint an investigation is undertaken immediately, and all necessary steps are taken to resolve the situation. In most cases, both the complainant and the individual who is alleged to have acted inappropriately are interviewed, along with any individuals who may be able to provide relevant information.
  8. Upon completion of the investigation, and where warranted, MakeWay will promptly take appropriate corrective measures, which could include counselling, reprimand, reassignment, or dismissal.
  9. A complete written record is kept of each complaint that proceeds to an investigation, including how it was investigated and resolved. All identifying information about the persons involved will be kept confidential unless necessary for the purposes of investigating the incident or complaint, or for taking corrective action, or is otherwise required by the law.

Finally, if you experience or witness behaviour that you are not sure would be considered bullying or violence or discrimination, it is best to reach out to someone in PEL, and the conversation will be handled confidentially.