RESPECTFUL WORKSPACE POLICY

APPENDIX A: DEFINITIONS AND CONCEPTS
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The following definitions and concepts are those most commonly used in creating workspace standards and in identifying workspace issues. 

They may, however, be added to or altered by legislated or negotiated standards in a given workspace. 

Please understand these definitions to be a guideline, and that they may not be comprehensive. 

I.     PERSONAL HARASSMENT

Harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. 

For the purpose of this policy, harassment includes comment or conduct initiated by one person towards another, which causes humiliation, offence or embarrassment, or which has the purpose or effect of unreasonably interfering with the person’s work and/or creating an intimidating, humiliating, hostile or offensive environment. 

Ordinarily, repeated comment or conduct is required to demonstrate harassment, however single acts of sufficient severity may also constitute harassment.  

Harassment may include, but is not limited to:

  • physically intimidating behaviour and/or threats;

  • use of unwelcome profanity (swearing), vulgarity;

  • ridiculing, taunting, belittling or humiliating another person;

  • derogatory name-calling;

  • inappropriate or insulting remarks, gestures, jokes, innuendo or taunting;

  • unwanted questions or comments about a person’s private life;

  • posting or display of materials, articles or graffiti etc. (including social media/online), which may cause humiliation, offence or embarrassment.

Bullying is a distinct form of personal harassment and may include some of the following:

  • loud, abusive behaviour;

  • unjustified criticism;

  • shunning behaviours (including withholding information, ganging up, deliberate isolation from colleagues or exclusion from joint activities);

  • repeated delegation of demeaning tasks. 
 
II.     SEXUAL HARASSMENT    

  1. Engaging in a course of vexatious comment or conduct because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome;

    Or

  2. Making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement and that person knows or ought reasonably to know that the solicitation or advance is unwelcome.

Sexual harassment may include, but is not limited to:

  • reprisal or threat of reprisal for the rejection of a sexual solicitation or advance, where the reprisal is made by a person in a position to grant, confer, or deny a benefit or advancement;
     
  • unwelcome remarks, jokes, innuendo or taunting about a person’s body, attire, gender or sexual orientation;

  • unwanted touching or any unwanted or inappropriate physical contact; such as touching, kissing, patting, hugging or pinching;

  • unwelcome enquiries or comments about a person’s sex life or sexual preference;

  • leering, whistling or other suggestive or insulting sounds;

  • making sexual or romantic solicitations or advances to a co-worker after it has been made clear by the co-worker that such solicitations and advances are unwelcome;

  • inappropriate comments about clothing, physical characteristics or activities;

  • posting or display of materials, articles or graffiti etc.(including social media/online) that is sexually oriented;

  • requests or demands for sexual favours, which include or strongly imply promises of rewards for complying and/or threats of punishment for refusal.
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III.     DISCRIMINATION

Harassment may also relate to a form of discrimination as set out in federal or provincial human rights legislation, which prohibits discrimination and harassment on the basis of certain protected grounds.

See the Protected Grounds section below for the NL Human Rights Act list.

IV.     SYSTEMIC HARASSMENT/DISCRIMINATION

Systemic harassment or discrimination includes policies, practices, procedures, actions or inactions that may appear neutral, but which effectively create conditions of discrimination or harassment. 

These practices are often embedded in an institution or sector, and may be invisible to the people who do not experience it, and even to the people who may be affected by it. 

To combat systemic harassment/discrimination, it is essential for an organization or sector to create a climate in which the diverse needs of people are considered in all aspects of operations, and negative practices and attitudes can be challenged and discouraged.

V.     NEGATIVE / POISONOUS / TOXIC WORK ENVIRONMENT

Any or all of the above conditions can have the effect of poisoning the work environment for everyone. 

A person does not have to be a direct target of harassing or discriminatory behaviour to be adversely affected by a negative environment.

VI.     REPRISAL

Reprisal involves any adverse action taken against an individual because 
  • they reported unwelcome behaviour,

  • complained to an engager/company/employer about unwelcome behaviour in the workspace, or

  • participated in an investigation or legal proceeding relating to a complaint, including as a witness. 

Reprisal also includes adverse action taken against someone who is associated with the individual opposing the unwelcome behaviour, such as a family member. 

Examples of reprisal include:

  • termination from the production

  • denial of future work opportunities

  • any other adverse action that would discourage a reasonable person from opposing the unwelcome behaviour 
 
VII. PROTECTED GROUNDS

The Newfoundland and Labrador Human Rights Act (2013) protects people in our province from discrimination.

The Human Rights Act prohibits discrimination and harassment on the basis of the following prohibited grounds: 

  • Race
  • Colour
  • Nationality
  • Ethnic origin
  • Social origin
  • Religious creed
  • Religion
  • Age
  • Disability (including perceived disability)
  • Disfigurement
  • Sex (including pregnancy)
  • Sexual orientation
  • Gender identity
  • Gender expression
  • Marital status
  • Family status
  • Source of income
  • Political opinion
  • Criminal conviction (unrelated to employment) 

The Human Rights Act also does the following:
  • Prohibits discrimination because of a person’s association or relationship with a person or persons who are identified by one of the prohibited grounds listed above.

  • Prohibits retaliation against persons who have made a complaint or have given evidence or helped in some way in a complaint.

  • Prohibits sexual solicitation or advances by a person who is in a position to give or deny a benefit.

  • Ensures equal pay for same or similar work.

  • Approves special programs designed to reduce or eliminate disadvantages suffered by certain groups of people. 

Learn more at: https://thinkhumanrights.ca/know-your-rights/what-are-human-rights/  
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