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HomeMy WebLinkAbout19-3 Respect in the Workplace,rlCneehill COUNTY 1.0 Purpose: POLICY Section Policy No. Page Human Resources 19-3 1 of 7 Policy Title Date: Motion No. Respect in the Workplace November 15, 405/22 2022 Kneehill County believes all employees are entitled to a respectful workplace. This policy exists to help create and maintain a respectful workplace, and to minimize the risks of harassment and violence. It defines and prohibits disrespectful behavior (including harassment and violence) and mandates appropriate procedures for addressing such behaviours when they occur or are alleged to have occurred. We will be proactive in our approach to ensure all people respect one another to achieve our common goals. 2.0 Definitions: 2.1 "Workplace" means any place where business or work -related activities are conducted. It includes, but is not limited to, the physical work premises, work -related social functions (social events, golf games, etc.), work assignments outside the County's office, work -related travel, and work -related conferences or training sessions. 2.2 "Violence" whether at a workplace or work -related, means the threatened, attempted, or actual conduct of a person that causes or is likely to cause physical or psychological injury or harm and includes domestic or sexual violence. 2.3 "Discrimination" means the differential treatment of an individual on the basis of race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, or sexual orientation or any other factor that is legislatively protected under ("Alberta Human Rights - Prohibited Grounds"). 2.4 "Domestic Violence" means any single incident, or a pattern of behaviour used by one person to gain power and/or control over another with whom a person has or has had a personal relationship. This includes, but is not limited to: 2.4.1 Physical violence; 2.4.2 Sexual abuse; 2.4.3 Financial control; 2.4.4 Emotional and psychological intimidation; 2.4.5 Verbal abuse; 2.4.6 Stalking; and 2.4.7 Using electronic devices to harass and control 2.5 "Harassment" means any single incident or repeated incidents of objectionable or unwelcome conduct, comment, bullying or action by a person that the person knows or ought reasonably to know will or would cause offence or humiliation to an employee, or adversely affects the employee's health and safety, and includes: ,Xneehill COUNTY POLICY Section Policy No. Page Human Resources 19-3 2 of 7 Policy Title Date: Motion No. Respect in the Workplace November 15, 405/22 2022 2.5.1 Conduct, comment, bullying or action because of race, religious beliefs, colour, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, gender, gender identity, gender expression and sexual orientation, and/or 2.5.2 A sexual solicitation or advance but excludes any reasonable conduct of an employer or supervisor in respect of the management of workers or a Workplace. Examples of harassment and discriminatory conduct include, but are not limited to: 2.5.3 Humiliating an employee in front of co-workers; 2.5.4 Subjecting an individual to unwelcome remarks orjokes; 2.5.5 Consistent subjection of an individual to practical jokes or ridicule; 2.5.6 The making of any work -related decision (including matters of hiring, promoting, compensating, work assignments, evaluations, training, or job security) not on the basis of merit, but on the basis of any of the Prohibited Grounds; 2.5.7 Comments which are intended, or that ought reasonably to be known, to promote stereotyping on any of the Prohibited Grounds; 2.5.8 Jokes or comments which draw attention, for example, to a person's disability, age, ethnic, racial, or religious background or affiliation, or which draw attention to a person's gender or sexual orientation with the effect of undermining such person's role in a professional or business environment or that by their nature are known or ought reasonably to be known to be embarrassing or offensive; and 2.5.9 Derogatory remarks, verbal abuse or threats directed towards members of one gender or regarding one's sexual orientation or with respect to a person's or group's ethnic, racial, or religious background or affiliation. Examples of unwelcome conduct of a sexual nature which may constitute sexual harassment include, but are not limited to: 2.5.10 Propositions of physical intimacy; 2.5.11 Bragging about sexual prowess; 2.5.12 Leering or inappropriate staring; 2.5.13 Sexually degrading words or displays of suggestive pictures; .1neehill COUNTY POLICY Section Policy No. Page Human Resources 19-3 3 of 7 Policy Title Date: Motion No. Respect in the Workplace November 15, 405/22 2022 2.5.14 Inquiries or comments about a person's sex life or sexual behaviour; and 2.5.15 Sexual jokes or stories causing embarrassment or offence, that are told or carried out after the person telling the story or joke has been advised that they are embarrassing or offensive or that by their very nature are known or ought reasonably to be known to be embarrassing or offensive. 3.0 Responsibilities 3.1 Every employee is responsible for creating and maintaining a violence, harassment, and discrimination free workplace. All employees are requested to report promptly when they become aware of alleged actions or complaints of violence, discrimination, or harassment. This includes a responsibility for employees to report any alleged actions or complaints of domestic violence that occur outside the workplace and that may create a risk of danger to themselves or others in the workplace. Supervisors are responsible for providing a workplace that is free from violence, harassment, and discrimination. This responsibility includes actively promoting a positive work environment and intervening when problems occur. 3.1.1 The County will provide training to its employees which will include a review and explanation of this policy and its procedures, as well as a description of the County's expectations of employees relative to their behaviour in the workplace. This training will include the following: 3.1.2 How to recognize workplace harassment and violence; 3.1.3 Appropriate response to incidents of harassment and violence; and 3.1.4 Procedures for reporting, investigating and documenting incidents of workplace harassment and violence pursuant to this policy and procedure. 4.0 Complaint Procedure 4.1 Step 1- Self -Help Employees are encouraged to attempt to resolve their concerns by direct communication with the person(s) engaging in the unwelcome conduct. Where employees feel comfortable in doing so, communicate disapproval in clear terms to the person(s) whose conduct or comments are offensive. Keep a written record of the date, time, details of the conduct, and witnesses, if any. 4.2 Ste 2 - Management Support and Intervention Employees who are not comfortable with step one (1) and who believe they are victims of violence, discrimination, or harassment, or become aware of situations where such conduct may be occurring, are encouraged to seek advice from and report these matters to Human Resources or the CAO or their designate. ,rlCneehill COUNTY POLICY Section Policy No. Page Human Resources 19-3 4 of 7 Policy Title Date: Motion No. Respect in the Workplace November 15, 405/22 2022 4.3 Step 3 - Formal Complaint If informal attempts at resolving the issue are not appropriate, or proving to be ineffective, a formal complaint may be filed. To file a formal complaint: 4.3.1 Provide a letter of complaint that contains a brief account of the offensive incident (i.e., when it occurred, the persons involved, and names of witnesses, if any). The letter shall also include the remedy sought and be signed and dated by the person complaining; 4.3.2 File the complaint with Human Resources or the CAO or their designate; and 4.3.3 Cooperate with those responsible for investigating the complaint. 4.4 Formal complaints shall be investigated. The County will determine if the investigation will be performed by internal or external parties. The investigation process shall involve interviews of the complainant, the respondent, and any witnesses named by either. Depending on the circumstances, the County reserves the right in its sole and exclusive discretion to suspend the respondent with or without pay during the course of the investigation. Generally, barring any mitigating circumstances, within ten (10) business days of the incident or notice thereof, the individual responsible for the investigation shall initiate the investigation of the incident and may prepare a written report of the investigation findings. A report will be kept on file for a period of two (2) years from the date of the incident. 4.5 Disciplinary action for violations of this policy will take into consideration the nature and impact of the violations, and may include a verbal or written reprimand, a suspension (paid or unpaid), or termination of employment for cause as determined by the County. Similarly, deliberate false accusations are of equally serious nature and will also result in disciplinary action up to and including termination of employment for cause. Note, however, that an unproven allegation does not mean that the conduct did not occur or that there was a deliberate false allegation. It may simply mean that there was an insufficient evidentiary basis to proceed. For greater clarity, if the alleged respondent is a member of the senior management team (i.e., the CAO), an employee should file their formal complaint with Human Resources. Human Resources will report to Council and provide three (3) options for an external investigator for Council to choose from. The investigator shall report the findings and recommendations to Council. Further, any respondent(s), regardless of their position within the County, will be excluded from administering and managing the investigation and resolution process (save and except for their involvement as a respondent). This policy is not intended to discourage an employee from exercising rights pursuant to any other law, including the Alberta Human Rights Act. POLICY Policy No. Page .`�neehill COUNTY POLICY Section Policy No. Page Human Resources 19-3 6 of 7 Policy Title Data Motion No. Respect in the Workplace November 15, 405/22 2022 7.1 Agencies, Programs & Materials which are Available in Seeking Support Who Contact(s) What Kneehill Regional 403-443-3800 Provide information and referral Family & Community Support Website: Services www.krfcss.com Occupational Health Province -wide Call Centre To report serious injuries and and Safety 780-415-8690 provide information on the (OHS) requirements of the Occupational Website: Health and Safety Act and www.work.a I berta.ca regulations Alberta Human Southern Regional Office Provides public information and Rights Commission 310-0000, when prompted, education programs, and help enter 403-297-6571 Albertans resolve human rights complaints. Website: www.albertahumanriehts.ab.ca Employee and Tall Free: 1-800-387-4765 EFAP is provided through the Family Assistance County's benefit program and Program (EFAP) Website: offers no cost, confidential help for https://www.shepellfgi.com/ any work, health, or life concern. 8.0 Program Evaluation and Review The County will engage in a program evaluation process to monitor the effectiveness of its policy and procedures. Given that the purpose of this policy and procedure is to minimize the occurrence of workplace discrimination, harassment or violence, and establish an environment of non -tolerance to workplace discrimination, harassment or violence, the process will be evaluated against that measure. This process may include confidential feedback from reporting or responding parties if appropriate, and they are willing to participate. A policy review will also occur whenever an incident of discrimination, harassment or violence occurs, if the County or employee recommends a review, or at minimum of every three (3) years. 1(nechill COUNTY POLICY Section Policy No. Page Human Resources 19-3 7 of 7 Policy Title Date: Motion No. Respect in the Workplace November 15, 405/22 2022 Jerry Wittstock, Reeve Approved: November 15, 2022 405/22 Review Date: November 15, 2026 )L Mike Haugen, CAO