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Table of Contents

Appendix 3A: Basic Goals Tool and Explanation

The basic goals tool can be found in the Excel file titled “Basic Goals Tool.xls”.

According to Section 10 of the Employment Equity Act, employers have to establish one- to three year short-term numerical hiring goals for each designated group in each Employment Equity Occupational Group (EEOG) where under-representation was identified in the workforce analysis.

The Basic Goals Tool is to be used to assist organizations in establishing their goals. The template first calculates the number of anticipated hires of all employees over the next three years, taking growth and turnover into account, then calculates the projected representation of the designated group in a three-year span if the hiring goals were to be achieved.

Comments are included throughout the template to assist users. Cells with comments have red triangles in the upper-right corners. If you rest the pointer over a cell that has an indicator, the instruction appears.

Basic Goals Tool

This template is used when the organization has no historical flow data. It includes a separate worksheet for each designated group, within one Microsoft Excel workbook.

The template is designed to establish goals for one designated group at a time. Although numerical goal setting is not required by the Employment Equity Act for any EEOG where no under-representation was identified by the workforce analysis, this template takes both growth and terminations over the next three years into consideration. The organization must take these into consideration in hiring goals in order to maintain representation for the designated groups in all EEOGs.

Information is entered in the yellow and blue fields only. All information for blue cells comes from the workforce analysis. All information for yellow cells comes from sources other than the workforce analysis.

Before starting to work on this template, you will need the most recent workforce analysis results.

The following are the instructions to complete the tool:

First step

  1. Delete all rows corresponding to EEOGs where the organization has no employees within its workforce.

    Note: You will need to remove the protection from the worksheet (Tools/Protection/Unprotect Sheet) in order to be able to delete any rows.

  2. In Cell B9 (Column B, Row 9), enter the date of the internal data used to conduct the workforce analysis. For example, if the workforce analysis is based on internal workforce data as of December 31, 2003, then enter 2003/12/31.
  3. In Cell M9 (Column M, Row 9), enter the three year period for which the goals will be established. For example, if the workforce analysis is based on internal workforce data as of 2003/12/31, then enter 2004-2006.
  4. In Column B, enter the total number of employees by EEOG used to conduct the workforce analysis.
  5. In Column C, enter the percentage of estimated annual growth (for example, enter 5 if the organization expects to grow 5% per year).
  6. In Column E, enter the estimated annual termination rate (for example, enter 3 if the organization expects employees to be terminated at a 3% annual rate).

    Note: If terminations are not tracked in percentage but rather by number, then you will need to count the number of terminations over the past three years within each occupational group and divide it by the number of employees in column B for that group and divide that percentage by three. Enter this percentage in column E.

  7. In Column H, enter the representation (number) of the designated group in the EEOGs from the workforce analysis.
  8. In Column I, enter the gap of the designated group in the EEOGs from the workforce analysis. Be sure to enter gaps as negative numbers.
  9. In Column O, enter the percentage availability of the designated group in the EEOGs from the workforce analysis.
  10. In Column N, enter the percentage hiring goals. In general, goals should be set at least equal to the availability estimates (column O) established in the workforce analysis. Depending on certain considerations, some organizations are expected to set goals above availability [see Subsection 10(2) of the Employment Equity Act].

Note: Column D automatically calculates the number of new positions as a result of growth during the next three years = B x C x 3.

Column F automatically calculates the number of new positions as a result of turnover during the next three years = B x E x 3.

Column G automatically calculates the number of anticipated hires over the next three years as a result of both growth and turnover = D + F.

Column J automatically sets the designated group’s termination rates to be equivalent to column E.

Column K automatically calculates the estimated number of designated group members who will leave during the next three years = H x J x 3.

Column L automatically calculates the estimated number of hires of designated group members that will be required to close the gap (this is the sum of the share of hires due to growth that the designated group should receive + the gap + the number of designated group members who will need to be replaced during the next three years due to turnover) = (D x O) - I + K.

Column M automatically calculates the number of designated group members to be hired based on the anticipated number of hires over the three-year period = G x N.

Column P automatically calculates the current percentage representation of the designated group in the EEOG = H ÷ B.

Column Q automatically calculates the projected percentage representation of the designated group in three years if the hiring goal is achieved = (H K + M) ÷ (B + D).

Second step

The tool is now complete for one of the designated groups. The tool can be saved by selecting File, then Save As and selecting the drive and/or directory in which you want to save the tool.

Third step

Repeat for each designated group in the appropriate worksheet.

Basic Goals Table for Aboriginals
Employment Equity Occupational Group (EEOG) All Employees Growth Terminations Anticipated Hires Over 3 Years Aboriginals
Annually Over 3 Years Annually Over 3 Years Representation Gap Terminations Hires Required 3 Year Goals Availability Current Rep. Projected Rep. in 3 Years
YYYY/MM/DD Annually Over 3 Years YYYY-YYYY
# % # % # # # # % # # # % % % %
Senior Managers 0 0 0 0.0% 0 0 0
Middle & Other Managers 0 0 0 0.0% 0 0 0
Professionals 0 0 0 0.0% 0 0 0
Semi-Professionals & Technicians 0 0 0 0.0% 0 0 0
Supervisors 0 0 0 0.0% 0 0 0
Supervisors: Crafts & Trades 0 0 0 0.0% 0 0 0
Administrative & Senior Clerical Personnel 0 0 0 0.0% 0 0 0
Skilled Sales & Service Personnel 0 0 0 0.0% 0 0 0
Skilled Crafts & Trades Workers 0 0 0 0.0% 0 0 0
Clerical Personnel 0 0 0 0.0% 0 0 0
Intermediate Sales & Service Personnel 0 0 0 0.0% 0 0 0
Semi-Skilled Manual Workers 0 0 0 0.0% 0 0 0
Other Sales & Service Personnel 0 0 0 0.0% 0 0 0
Other Manual Workers 0 0 0 0.0% 0 0 0
Basic Goals Table for People with Disabilities
Employment Equity Occupational Group (EEOG) All Employees Growth Terminations Anticipated Hires Over 3 Years People with Disabilities
Annually Over 3 Years Annually Over 3 Years Representation Gap Terminations Hires Required 3 Year Goals Availability Current Rep. Projected Rep. in 3 Years
YYYY/MM/DD Annually Over 3 Years YYYY-YYYY
# % # % # # # # % # # # % % % %
Senior Managers 0 0 0 0.0% 0 0 0
Middle & Other Managers 0 0 0 0.0% 0 0 0
Professionals 0 0 0 0.0% 0 0 0
Semi-Professionals & Technicians 0 0 0 0.0% 0 0 0
Supervisors 0 0 0 0.0% 0 0 0
Supervisors: Crafts & Trades 0 0 0 0.0% 0 0 0
Administrative & Senior Clerical Personnel 0 0 0 0.0% 0 0 0
Skilled Sales & Service Personnel 0 0 0 0.0% 0 0 0
Skilled Crafts & Trades Workers 0 0 0 0.0% 0 0 0
Clerical Personnel 0 0 0 0.0% 0 0 0
Intermediate Sales & Service Personnel 0 0 0 0.0% 0 0 0
Semi-Skilled Manual Workers 0 0 0 0.0% 0 0 0
Other Sales & Service Personnel 0 0 0 0.0% 0 0 0
Other Manual Workers 0 0 0 0.0% 0 0 0
Basic Goals Table for Visible Minorities
Employment Equity Occupational Group (EEOG) All Employees Growth Terminations Anticipated Hires Over 3 Years Visible Minorities
Annually Over 3 Years Annually Over 3 Years Representation Gap Terminations Hires Required 3 Year Goals   Availability Current Rep. Projected Rep. in 3 Years
YYYY/MM/DD Annually Over 3 Years YYYY-YYYY
# % # % # # # # % # # # % % % %
Senior Managers 0 0 0 0.0% 0 0 0
Middle & Other Managers 0 0 0 0.0% 0 0 0
Professionals 0 0 0 0.0% 0 0 0
Semi-Professionals & Technicians 0 0 0 0.0% 0 0 0
Supervisors 0 0 0 0.0% 0 0 0
Supervisors: Crafts & Trades 0 0 0 0.0% 0 0 0
Administrative & Senior Clerical Personnel 0 0 0 0.0% 0 0 0
Skilled Sales & Service Personnel 0 0 0 0.0% 0 0 0
Skilled Crafts & Trades Workers 0 0 0 0.0% 0 0 0
Clerical Personnel 0 0 0 0.0% 0 0 0
Intermediate Sales & Service Personnel 0 0 0 0.0% 0 0 0
Semi-Skilled Manual Workers 0 0 0 0.0% 0 0 0
Other Sales & Service Personnel 0 0 0 0.0% 0 0 0
Other Manual Workers 0 0 0 0.0% 0 0 0
Basic Goals Table for Women
Employment Equity Occupational Group (EEOG) All Employees Growth Terminations Anticipated Hires Over 3 Years Women
Annually Over 3 Years Annually Over 3 Years Representation Gap Terminations Hires Required 3 Year Goals Availability Current Rep. Projected Rep. in 3 Years
YYYY/MM/DD Annually Over 3 Years YYYY-YYYY
# % # % # # # # % # # # % % % %
Senior Managers 0 0 0 0.0% 0 0 0
Middle & Other Managers 0 0 0 0.0% 0 0 0
Professionals 0 0 0 0.0% 0 0 0
Semi-Professionals & Technicians 0 0 0 0.0% 0 0 0
Supervisors 0 0 0 0.0% 0 0 0
Supervisors: Crafts & Trades 0 0 0 0.0% 0 0 0
Administrative & Senior Clerical Personnel 0 0 0 0.0% 0 0 0
Skilled Sales & Service Personnel 0 0 0 0.0% 0 0 0
Skilled Crafts & Trades Workers 0 0 0 0.0% 0 0 0
Clerical Personnel 0 0 0 0.0% 0 0 0
Intermediate Sales & Service Personnel 0 0 0 0.0% 0 0 0
Semi-Skilled Manual Workers 0 0 0 0.0% 0 0 0
Other Sales & Service Personnel 0 0 0 0.0% 0 0 0
Other Manual Workers 0 0 0 0.0% 0 0 0

Appendix 3B: Employment Equity Action Plan: Measures to Remove Barriers

Employment Equity Action Plan
Employment Systems Review Employment Equity Plan
EEOG # Barrier Identified Recommendation
if any were made		 Measures to Remove Barrier Time Frame Individual Responsible
Recruitment, Selection and Hiring
Training and Development
Promotion
Retention and Termination
Reasonable Accommodation

Appendix 3C: Sample Employment Equity Policy

The following is an example of what your organization’s final employment equity policy could look like. Although the basic elements of this policy (i.e., policy statement, definition of employment equity, assignment of responsibilities, procedures, structure, confidentiality agreement and monitoring system) should remain, the content may differ from one organization to the next.

Your organization is encouraged to be as innovative as possible in writing this policy and tailoring it to meet the needs of your workplace.

1.0 Policy Statement

[Your organization] is committed to ensuring that no person is denied employment opportunities or benefits for reasons unrelated to ability and to achieving and maintaining a workforce that is representative of women, Aboriginal peoples, persons with disabilities and members of visible minorities.

[Your organization] undertakes to identify and remove any discriminatory policies and practices found in the recruitment, selection, hiring, promotion, training, retention and termination of employees in all levels and categories of employment.

2.0 Definition

Employment equity is an ongoing planning process to eliminate barriers in the workplace that may prevent the full participation of all current and potential employees. It focuses on the employment situation of the four groups identified in the federal Employment Equity Act—women, Aboriginal peoples, persons with disabilities and visible minorities (referred to as the designated groups).

The goal of employment equity is to:

  • achieve full representation in line with availability;
  • identify and eliminate barriers in the organization’s employment policies and practices;
  • remedy the effects of past discrimination;
  • foster a climate for equity; and
  • improve access and distribution throughout all occupations and at all levels for members of the designated groups.

3.0 Responsibilities

It is the responsibility of [your organization] to:

  • provide a supportive work environment that will:
    • encourage employees to self-identify as designated group members; and
    • attract and retain designated group members;
  • implement an employment equity program in accordance with the requirements of the Federal Contractors Program (FCP) of the Labour Program;
  • consult and collaborate with employee representatives, including bargaining agents, designated group members and others as mandated by Parliament in Section 15 of the Employment Equity Act;
  • communicate with employees by:
    • distributing information about employment equity initiatives and progress regularly to all employees; and
    • using all available internal media and ensuring that media are accessible to all employees (including persons with disabilities);
  • co-operate with the Labour Program with respect to its compliance reviews; and
  • maintain all records as required by the Employment Equity Act, the Regulations and the FCP Requirements.

4.0 Procedures

4.1 Federal Contractors Program Requirements

[Your organization] will implement an employment equity program in accordance with the Federal Contractors Program Requirements.

In particular, [your organization] will:

  • Communicate to all employees [your organization’s] commitment to the achievement of employment equity, the measures to be undertaken and already undertaken, and the progress made to implement employment equity.
  • Develop a mechanism for consulting and collaborating with employee representatives on an ongoing basis.
  • Appoint a senior officer of the organization to be responsible for overseeing and assisting in the implementation of employment equity. This officer will report directly to the President/CEO and will be designated the Senior Official Responsible for Employment Equity.
  • Collect and maintain data on the workforce, including conducting a workforce survey asking employees to self-identify as a member of one or more of the designated groups.
  • Use a workforce analysis to analyze the representation of the designated groups within the organization in relation to their representation in the supply of qualified workers from which [your organization] may reasonably be expected to recruit employees.
  • Undertake a review of employment systems (policies and practices) to ensure that they do not constitute a barrier to the full participation of designated group members. This review will make recommendations for eliminating barriers.
  • Develop and implement an employment equity plan to address the inequities identified by the workforce analysis and employment systems review. The plan will detail measures for removing the barriers (numerical and non-numerical goals), a time frame for their achievement and the names of the individuals responsible for their achievement.
  • Adopt special measures and reasonable accommodation to help ensure the achievement of [your organization’s] employment equity goals.
  • Adopt a monitoring procedure to monitor the progress and results achieved in implementing employment equity and to review the employment equity plan and revise it as necessary.

4.2 Structure

4.2.1 Senior Official Responsible for Employment Equity

[Your organization] will appoint a senior official, designated the Senior Official Responsible for Employment Equity, to be responsible for the implementation and effective maintenance of [your organization’s] employment equity policy. The senior official responsible for employment equity will report directly to the President or CEO.

4.2.2 Employment Equity Committee

[Your organization] will establish an employment equity committee that will work through and with the senior official responsible for employment equity to implement and monitor [your organization’s] employment equity policy.

The employment equity committee will be responsible for:

  • communicating and promoting the implementation of all employment equity activities to employees;
  • assisting in the development of the self-identification questionnaire and the promotion of the workforce survey;
  • reviewing employment policies and practices to ensure that they do not present a barrier to the full participation of designated group members; and
  • assisting in the development of the employment equity plan.

The committee will be co-chaired by the senior official responsible for employment equity or a delegated official and an employee representative.

Membership on the employment equity committee will be voluntary. Employees throughout the organization will be encouraged to participate. Ideally, the committee will have members from the bargaining agent(s) or an authorized representative (if there are unionized employees within the organization), as well as employees from the various designated groups, occupational groups, and geographic locations and sectors within the organization.

5.0 Monitoring and Review

Anyone who has a concern related to the implementation of this policy may submit it in writing to the employment equity committee.

6.0 Confidentiality

Information given at any stage of the employment equity process will be kept strictly confidential, unless otherwise agreed to by the employee.

Appendix 3D: Sample Anti-Harassment Policy

Harassment in the workplace is an issue that has received a lot of attention recently. Harassment on the basis of sex, race or personal characteristics or through abuse of authority is not only illegal; it also has a negative impact on employees and costs employers in both profit and productivity. It is important for all organizations, especially those like yours that are committed to an equitable and barrier-free workplace, to have a written policy prohibiting this type of behaviour.

The following is an example of an anti-harassment policy that your organization may use to help guide the creation of your own. As with your employment equity policy, it is important to have basic elements in place (a policy statement, definition of harassment, assignment of responsibilities, procedures, structure, confidentiality agreement and monitoring system). Aside from the basics, this type of policy requires much greater detail, such as a set of policies and procedures to be followed when an employee is a victim of, or is accused of, harassment.

As with all other policies, your organization is encouraged to be as innovative as possible and create an anti-harassment policy that is tailor made for your workplace.

1.0 Policy Statement

Harassment creates an intimidating, hostile or offensive work environment that undermines the full participation of employees by negatively impacting an individual’s employment conditions.

[Your organization] does not condone or tolerate harassment of any kind. We are committed to providing a safe and respectful work environment for all staff and customers. All complaints of harassment will be taken seriously, whether they are made informally or formally. We undertake to act on all complaints to ensure that they are resolved quickly, confidentially and fairly.

2.0 Definition

Harassment is verbal or physical conduct that, on the basis of sex, sexual orientation, gender identity or expression, race, religion, national origin, age, or physical or mental disability, has the purpose or effect, from the point of view of a reasonable person, of either interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.

2.1 Unwelcome Behaviour that Demeans, Humiliates or Embarrasses

Harassment is any behaviour that demeans, humiliates or embarrasses a person and that a reasonable person should have known would be unwelcome. It includes actions (for example, touching, pushing), comments (for example, jokes, name-calling), and displays (for example, posters, cartoons). It may be a single incident or several over time.

2.2 Unwanted Sexual Behaviour

Sexual harassment includes offensive or humiliating behaviour that is related to a person’s sex, as well as behaviour of a sexual nature that creates an intimidating, unwelcome, hostile or offensive work environment, or that could reasonably be thought to put sexual conditions on a person’s job or employment opportunities. It includes questions and discussions about a person’s sexual life, touching a person in a sexual way, commenting on someone’s sexual attractiveness or sexual unattractiveness, persisting in asking for a date after having been refused, displaying cartoons or posters of a sexual nature, and writing sexually suggestive letters or notes.

2.3 Abuse of Authority

Abuse of authority occurs when a person uses authority unreasonably to interfere with an employee or the employee’s job. It includes humiliation, intimidation, threats and coercion. It does not include normal managerial activities, such as counselling, performance appraisals and discipline, as long as these are not being done in a discriminatory manner.

Those in positions of authority must recognize that there is always an element of unequal power in their relationships with subordinates. It is incumbent upon those with authority not to abuse the power with which they have been entrusted.

2.4 Examples of Harassment

The following are some examples of harassment:

  • unwelcome remarks, slurs, jokes, taunts or suggestions about a person’s body, clothing, race, national or ethnic origin, colour, religion, age, sex, marital status, family status, physical or mental disability, or other personal characteristics;
  • displays of sexually explicit, sexist, racist, or other offensive or derogatory material;
  • written or verbal abuse or threats;
  • unwelcome physical contact, such as patting, touching, pinching or hitting;
  • humiliating an employee in front of co-workers;
  • vandalism of personal property; and
  • abuse of authority that undermines someone’s performance or threatens his or her career.

2.5 Not Considered Harassment

2.5.1 Consensual Banter or Relationships

Two or more employees bantering back and forth is not harassment if everyone involved is in agreement. However, if any employee feels uncomfortable with this behaviour and the behaviour continues even after that person has expressed their discomfort or the others involved should have known the person was uncomfortable, then it is harassment. This type of harassment can create what is known as a “poisoned work environment,” where employees do not feel safe and feel consistently humiliated.

Employees flirting with each other or becoming involved in a romantic or sexual relationship are not harassing each other, as long as the relationship is consensual. If one of the employees changes his or her mind and the other person persists in trying to continue the relationship, this is harassment.

2.5.2 Legitimate Management Intervention

Appropriate performance reviews, counselling and discipline are not harassment.

3.0 Responsibilities

See 4.0 Procedures for specific information about the complaint process.

3.1 Employee Rights and Responsibilities

All employees have the responsibility to treat each other with respect and to speak up if they are or someone else is being harassed. All employees have a responsibility to report harassment to the appropriate person. All employees are responsible for respecting the confidentiality of anyone involved in a harassment complaint.

Each employee has the right to be treated fairly and respectfully in the workplace. Each employee also has the responsibility to treat co-workers and customers in a way that respects individual differences.

If someone behaves in a way that offends, harms, humiliates or degrades you, do not put up with it. If you feel you can speak to that person, do so. Tell them the behaviour is inappropriate. If they continue the behaviour, or if you do not feel you can speak directly to the person, see section 4.0, Procedures.

If you observe a co-worker or other person behaving in a way that seems to be embarrassing or harassing someone else, you can and should speak up. You can let them know in a respectful way that you think the behaviour is inappropriate.

3.2 [Your Organization] and Manager Responsibilities

As an employer, [your organization] has a responsibility to be aware of what is happening in the workplace. The senior executive body of [your organization] is committed to ensuring that all incidents of harassment are taken seriously and are acted upon quickly, confidentially and fairly. [Your organization] has full responsibility for making sure our work environment is free of harassment.

Each manager and supervisor is responsible for fostering a safe working environment that is free of harassment. Managers must set an example for appropriate workplace behaviour and must deal with situations of harassment immediately on becoming aware of them, whether or not there has been a complaint. If you become aware of harassment in your work area, or elsewhere in the company, you must do everything you can to stop it, whether or not a compliant has been made. If a reasonable person should have known that harassment was going on, you will be held responsible if you let the situation continue. Managers who ignore harassment will be disciplined.

4.0 Procedures

4.1 If You Are Being Harassed

The following steps will tell you what to do if you are being harassed. This section will also tell you exactly what you can expect from the complaint process, what the possible remedies and penalties for harassment are, and how to appeal.

Speak Up

The first thing to do if you are being harassed is to tell the person harassing you to stop, if possible. Let them know that you are embarrassed, humiliated, demeaned or otherwise bothered by what they are doing or saying. Often, a person may not be aware that their behaviour is bothersome and will change the behaviour once they realize this.

Make Notes

You could speak to the person directly or write them a letter. If you write a letter, date it and keep a copy. If you speak to them, you may want to tell a trusted friend what you have done and why. You should also make a note of what the bothersome behaviour was, the date it happened, how you felt, what you did about it and who else was present, if there were witnesses. Ideally, the harassment will stop. If it does not, continue to keep notes. These will be useful later if there is an investigation.

4.1.1 Informal Procedures

Speak to a Manager or an Anti-Harassment Counsellor

It may be that communicating directly with the person will not be enough or that you feel unable to deal with him or her directly. In that case, you can speak to your supervisor, another manager or an anti-harassment counsellor.

The person to whom you speak will ask for details of what happened, make sure you understand the policy and any other options you have (such as a union grievance), and ask how you want to proceed. You may ask them to help you write a letter or to speak to the harasser on your behalf. You may ask them to arrange for mediation between you and the person whose behaviour offends you. If these attempts to resolve the situation do not work, you can also ask the anti-harassment counsellor to help you file a formal complaint. The informal procedures are optional. You may file a formal complaint immediately or, if you feel that would not be productive, you may go directly to the appropriate provincial Human Rights Commission.

Mediation

If the circumstances permit it, mediation can come before a formal investigation. Mediation is a process in which a neutral third party helps the people involved in the complaint reach a solution that is acceptable to both parties. If you want to work toward a mediated settlement, the director of personnel (or the Vice President of [your organization] if the director of personnel is a party to the complaint) will appoint a qualified mediator, from within the organization or from outside it, who is acceptable to both parties, is not otherwise involved in the complaint, and will not be asked to represent the company at any stage of any proceedings related to the complaint.

However, either party has the right to refuse mediation. You are the only one who can decide if mediation is appropriate for you. Do not agree to it if you feel pressured into it, or feel that you are at a disadvantage or vulnerable because of your age, sex, race, colour, religion, sexual orientation, economic position or level of authority, or for any other reason. If someone suggests mediation but you are uncomfortable with it, you can say so, and it will not be part of the complaint process. If mediation does occur, each person has the right to be accompanied and assisted during the sessions by someone with whom they feel comfortable.

4.1.2 Formal Complaints

If the informal route for resolving a harassment situation does not succeed or is not appropriate, [your organization] supports its employees in filing a formal complaint. It will be investigated by either a specially trained person from within the organization or a consultant. This person will investigate the complaint thoroughly. He or she will interview the complainant, the alleged harasser and any witnesses. All employees have a responsibility to co-operate in the investigation.

The investigator will need to know:

  • your (the complainant's) name and position;
  • the name and position of the alleged harasser;
  • details of what happened;
  • dates, times and how often harassment occurred;
  • where it happened; and
  • the names of any witnesses, if appropriate.

You will need to be prepared to supply this information.

If you are the complainant, you have the right to:

  • file a complaint and have it dealt with promptly, without fear of embarrassment or reprisal;
  • have a person of your choice accompany you during the process;
  • make sure that no record of the complaint is placed on your personnel file, as long as it was made in good faith;
  • be informed about the progress of your complaint;
  • be informed of the type of corrective measures that will result from the complaint; and
  • receive fair treatment.

4.2 If You Are Accused of Harassment

4.2.1 Informal Procedures

If someone complains to you informally about your behaviour, take a good look at it. It may be that, without intending to, you have spoken or acted in a way that has offended, humiliated, or degraded another person or group of people. It is your responsibility to change your behaviour if it is harassing or offensive to others. You may also want to consider apologizing.

Keep written notes of any conversation you have where someone suggests you have harassed them or another person. Record the details of the conversation and the date it happened, how you felt, and what you did, if anything. Also make notes of your version of the alleged harassment, the date it occurred, and who else was present, if there were any witnesses.

If you and the person who is complaining to you are unable to resolve the situation, you can turn to an anti-harassment counsellor for advice.

Mediation

If someone has accused you of harassment and you have not been able to resolve the situation with that person, mediation is a possible next step. Mediation may make a formal complaint unnecessary. You can ask for mediation, or you may agree if it is suggested to you. You do not have to agree, however, if you think that you are being pressured into something that does not feel right to you.

If you want to work toward a mediated settlement, the director of personnel (or the Vice President of [your organization] if the director of personnel is a party to the complaint) will appoint a qualified mediator, from within the organization or from outside it, who is acceptable to both parties. If mediation does become part of the informal process, each person has the right to be accompanied and assisted during the sessions by someone of their choosing.

4.2.2 Formal Complaints

If someone files a formal complaint about your behaviour, you will have to participate in the investigation. You can ask an anti-harassment counsellor for advice. You will be expected to co-operate, give your perspective on what happened, and, if the investigation shows that you did harass another person or group of people, you will be expected to change your behaviour. You may also be subject to additional disciplinary action.

If you are the individual accused of harassment, you have the right to:

  • be informed of the complaint;
  • be given a written statement of the official allegations and respond to them;
  • have a person of your choice accompany you during the process;
  • be informed about the progress of the complaint; and
  • receive fair treatment.

4.3 Other Employees

All employees are expected to co-operate in the investigation of complaints and efforts to resolve them. Employees should be mindful of the sensitivities of the parties and should keep any information related to complaints confidential.

4.4 The Investigation and Subsequent Action

4.4.1 Written Report

The investigator will submit a written report to the director of personnel (or the Vice President of [your organization], if the director of personnel is involved in the complaint). The investigator will decide, based on the evidence collected, whether there is enough evidence to conclude that harassment occurred. He or she will also identify all possibilities for resolving the situation and will recommend one or more courses of action. If harassment has occurred, the director of personnel will then decide (in consultation with senior management, if necessary) what remedies will be provided to the victim, what disciplinary action will be imposed on the harasser, and whether the people in question can continue in their current work situations.

4.4.2 Decision

The director of personnel will inform the person who filed the complaint and the harasser of any disciplinary action, remedy and change in work within a week after the investigator has handed in the report. Disciplinary action, remedies and changes in work will be instituted within one week of the people involved being informed of the decision.

4.4.3 Separation of the Complainant and Alleged Harasser

If the complainant and the alleged harasser are in a subordinate–supervisor relationship, the director of personnel may decide to assign one or both of them to a different work area during mediation or investigation. Co-workers may also be separated during an investigation, if necessary.

4.4.4 Remedies for the Victim

[Your organization] will make every reasonable effort to remedy the effects of the harassment. A person who has been harassed may receive one or more of the following remedies, depending on the severity of the harassment and what he or she lost because of it:

  • an oral or written apology from the harasser and [your organization];
  • reimbursement of lost wages;
  • a job or promotion that was denied;
  • compensation for any lost employment benefits, such as sick leave;
  • compensation for hurt feelings; and/or
  • a commitment that he or she will not be transferred, or will have a transfer reversed, unless he or she chooses to move.

No record of the complaint, investigation or decision will go in the employee's personnel file if the complaint was made in good faith. Any unfavourable work review or comments that were placed in the complainant's personnel file because of the harassment will be removed from the file.

4.4.5 Corrective Action for Harassers

Someone who has harassed another person will be subject to one or more of the following forms of discipline, depending on the severity of the harassment:

  • a written reprimand;
  • a fine;
  • a suspension, with or without pay;
  • a transfer, if it is not reasonable for the people involved to continue working together;
  • a demotion; and/or
  • dismissal.

In most cases, the harasser will also be required to attend an anti-harassment training session.

If the investigation does not find evidence to support the complaint, there will be no documentation concerning the complaint placed in the file of the alleged harasser. If the investigation reveals that harassment occurred, the incident and the discipline imposed on the harasser will be recorded in the harasser's file.

4.5 Unsubstantiated Complaints

If a person, in good faith, files a harassment complaint that is not supported by evidence gathered during an investigation, that complaint will be dismissed, and no record of it will be put in the accused harasser's file. As long as the complaint was made in good faith, there will be no penalty to the person who complained and no record in his or her file.

4.6 Complaints Made in Bad Faith

In the rare event that a complaint was made in bad faith—in other words, the complaint was filed without basis and with deliberate and malicious intent—the complainant will be disciplined, and a record of the incident will be put in his or her file.

Penalties for someone who complains in bad faith will be the same as for a case of harassment (see Corrective Action for Harassers) and will depend on the seriousness of the situation. Compensation for the person falsely accused may include steps to restore any lost reputation and any of the remedies that would be available in a case of harassment (see Remedies for the Victim).

4.7 Retaliation

Retaliation is considered a serious disciplinary breach. Anyone who retaliates in any way against a person who has complained of harassment, given evidence in a harassment investigation, or been found guilty of harassment, will themselves be considered guilty of harassment and penalized accordingly. The possible penalties are the same as those assessed against harassers.

4.8 Other Options

Union Grievance Procedures

The union has procedures allowing you to file or bring forward a grievance in certain cases of alleged harassment. Check with your union representative or an anti-harassment counsellor if you want more information about filing a grievance.

5.0 Appeal

A person directly involved in a complaint may appeal to the Vice President of [your organization] (or the President, if the Vice President made the initial decision or is a party to the complaint) within a week of learning the decision. If the Vice President believes there is sufficient reason to re-investigate or to change the penalty, compensation or work assignment, he or she may make that decision within one week. If you are dissatisfied with the results of your appeal, you may go directly to the appropriate provincial Human Rights Commission.

6.0 Monitoring and Review

[Your organization] will monitor this policy and make adjustments where necessary. We will review it after the first six months, after the first year and annually from then on. If you have any concerns with the policy, please bring them to the attention of the director of personnel. Your comments are always welcome.

7.0 Confidentiality

[Your organization] will not disclose a complainant's or alleged harasser's name, or any circumstances related to a complaint, to anyone, except as necessary to investigate the complaint or take disciplinary action related to the complaint, or as required by law. Managers involved in a complaint are reminded to keep all information confidential, except in the above circumstances.

Appendix 3E: Sample Accommodation Policy

Accommodation in the workplace is a matter of great importance when attempting to establish an equitable working environment. Accommodation is one or more measures taken to alter or eliminate a policy, practice or physical feature of the worksite that has or may have an adverse impact on, and that constitutes a barrier to, the full participation of employees from the designated groups.

The following is a sample accommodation policy that your organization may use as a guide in creating its own policy. You are invited and encouraged to be as innovative as possible in setting accommodation policies. You will also find a sample request for accommodation form attached.

1.0 Policy Statement

[Your organization] is committed to creating and maintaining a barrier-free work environment to ensure the full participation of all persons. To this end, [your organization] will, where it is possible and reasonable to do so and does not cause undue hardship, alter existing policies or practices, adopt new policies or practices, make adjustments to the worksite, or re-assign employees unable to perform the duties of their job to alternate work assignments. This policy provides guidance for the provision of these accommodations for all current and potential employees (herein referred to as employee(s)).

2.0 Definition

An accommodation is a measure taken to alter or eliminate a policy, practice or physical feature of the worksite that has or may have an adverse impact on, and that constitutes a barrier to, the full participation of employees from the designated groups identified in the federal Employment Equity Act—women, Aboriginal peoples, persons with disabilities and visible minorities. This includes all grounds covered by the Canadian Human Rights Act and is not limited to the accommodation of persons with disabilities (i.e. religious accommodation, family-related needs).

Accommodation means an exemption from or an adjustment to general policies and facilities for an individual with particular needs. It is provided when the policies or facilities in question are, broadly speaking, justifiable but have an adverse impact on the members of some groups. For something to be justifiable, it must be clearly linked to the nature of the work performed or service provided by the organization.

2.1 Examples of Accommodation

Types of accommodation during the selection process may include but are not limited to:

  • providing information about the position in multiple formats (i.e., for candidates who are blind or visually impaired);
  • ensuring that applicants who are deaf or hearing impaired can make inquiries via a TTY number or fax;
  • allowing extra time, where appropriate, for tests or exams; and
  • ensuring that the interview site is fully accessible.

Types of accommodation in the workplace may include but are not limited to:

  • attendant services;
  • adaptive technology;
  • changes to worksites;
  • flexible work arrangements, including but not limited to telework, task modification, allowing time for religious observance, or other alternative work arrangements;
  • converting printed matter to alternative media and providing reader services for employees who are blind or visually impaired;
  • providing work space and furnishings that are appropriate to the nature of the disability;
  • providing interpreters for deaf and hearing-impaired employees;
  • adapting training programs to the needs of employees with disabilities, including those with learning disabilities; and
  • cultural accommodation.

Alternate formats can include:

  • braille documents;
  • large print documents; and
  • electronic versions of documents.

3.0 Responsibilities

Overall responsibility for implementing this policy rests with [your organization]. [Your organization] will advise employees about their right to accommodation and assist concerned employees in identifying the most suitable accommodation.

There is, however, a shared responsibility for ensuring that accommodation needs are identified. The employee has a responsibility for requesting accommodation, including identifying, where possible, the types of accommodation he or she considers appropriate.

4.0 Procedures

4.1 Initiating Requests

The onus for initiating the accommodation request rests with the employee who requires the accommodation.

4.1.1 Employee Requiring Accommodation

The employee requiring accommodation will:

  • make the request to his or her immediate supervisor (actual employee);
  • make the request to the director of human resources (potential employee);
  • identify the type of accommodation required, if possible;
  • participate and co-operate to facilitate the accommodation; and
  • provide the necessary documentation.

An employee requesting an accommodation is expected to be reasonable in responding to proposals put forward by [your organization] and, where it is involved, the union.

4.2 Processing Requests

4.2.1 Supervisor

On receiving a request for accommodation, the supervisor will:

  • identify accommodation options appropriate for the employee;
  • work in close co-operation with the employee and/or his or her representative;
  • pass the request to the director of human resources if the accommodation requires action that exceeds the supervisor’s budget or authority to act; and
  • participate and co-operate to facilitate the accommodation.
4.2.2 Director of Human Resources

On receiving a request for accommodation, the director of human resources will:

  • work with the employee in a timely manner to find the most appropriate means of accommodation;
  • ensure that the employee can participate in the process as fully as possible;
  • seek the advice of a specialist, with the employee’s consent, where the request involves issues outside the expertise of [your organization]; and
  • confer with the VP Corporate Services if an accommodation request requires a commitment of resources that the director of human resources believes is beyond the budget for accommodation or raises the likelihood of undue hardship.

The supervisor or director of human resources may request relevant documentation from the employee to support the need for accommodation.

4.3 Other Parties

4.3.1 Your Organization

Your organization will:

  • ensure that all employees are provided with a copy of this policy (made available in alternative formats, as required);
  • educate and communicate with all personnel about this policy;
  • educate supervisors about their role in accommodation and ensure that they abide by this policy;
  • make the resources necessary for implementing this policy available;
  • participate and co-operate with all parties to facilitate the accommodation while respecting the dignity of the individual;
  • provide accommodation to the point of undue hardship; and
  • respect individuals’ right to privacy and confidentiality.
4.3.2 Union

The union will:

  • educate their members about accommodation;
  • encourage their members to identify and communicate the need for accommodation; and
  • work together with all parties to facilitate accommodation.

All parties will work diligently to ensure that all requests for accommodation are dealt with in a timely fashion and that all personnel involved in the process treat the employee with dignity and respect.

5.0 Undue Hardship

Accommodation will generally be provided up to the point of undue hardship. Undue hardship is determined on a case-by-case basis. Factors that constitute or may contribute to undue hardship include: insupportable costs, substantial disruptions of operations, and health and safety considerations. If any of these factors creates a burden that cannot reasonably be borne by [your organization], the obligation to accommodate is suspended.

6.0 Appeal

Should an accommodation request be denied or an alternative offered, the employee requesting the accommodation will be informed of:

  • the reasons for the decision; and
  • the right to request a review of the decision.

The employee may submit a written request for reconsideration to the VP Corporate Services as well as to the appropriate local human resources commission.

7.0 Monitoring and Revision

The VP Corporate Services will monitor all requests for accommodation to ensure that the accommodation policy has been implemented correctly and is being maintained.

[Your organization] will review this policy on a regular basis and will make revisions as necessary. All employees will be invited to contribute to the review process. [Your organization] will also accept comments on this policy at any other time and, unless the comment raises an urgent concern, will consider the comments during the review. Comments outside the review should be directed to the VP Corporate Services.

8.0 Confidentiality

All documents relating to specific requests for accommodation will be kept confidential and will only be disclosed with the express consent of the employee. No documentation with regards to accommodation will be kept in the personnel file of the employee.

Appendix 3E: Request for Accommodation Form

[Organization's name] is committed to ensuring that all its employees are able to effectively utilize their relevant skills and experience to perform their jobs and contribute to [Organization's name]’s performance and service delivery, regardless of any special needs they may have. In particular, [Organization's name] has established and maintains an effective system for preventing discrimination against any of the designated groups, in keeping with its responsibilities under the Federal Contractors Program. [Organization's name] is committed to a timely, confidential and sensitive response to requests for accommodation from individuals or designated groups.

In the event that assistance or an alternate format of this form is required in order to complete this form, please contact [Employment equity contact's name] at [Employment equity contact's phone number] or [Employment equity contact's e-mail address].

  1. Name of employee/applicant:
  2. Contact details (phone number, address or workstation):
  3. If a current employee, please provide details (optional):
    Position:
    Classification:
    Department or division:
  4. Describe the request or need to be addressed (use back of page if necessary):

Date of request: dd / mm / yy

Signature of person requesting accommodation

Name of person completing form (if applicable)

Signature of person completing form

If appropriate, please attach supporting documentation.

Report on the Outcome of an Accommodation Request

To be completed by [Name of manager responsible for accommodation request] and maintained on record for reports and verification purposes with regard to the accommodation request.

  1. Was an accommodation provided? (if No, go to question 7)
    Yes No
  2. If Yes, describe the accommodation provided (use back of page if necessary):
  3. What was the dollar cost (if any) of this accommodation?
  4. Is this accommodation usable only by one individual employee/applicant (e.g., a specific computer screen, approval of particular leave)?
  5. Was this the accommodation requested by the employee/applicant?
  6. Date accommodation implemented: dd / mm / yy
    (go to question 11)
  7. If the answer to question 1 was No, please provide the reasons why the accommodation was not provided (please attach relevant additional material):
  8. Who authorized the decision not to provide an accommodation?
    Yes No
  9. Has the employee/applicant been advised of the outcome of the request?
    Yes No
  10. Has the employee/applicant been advised of his or her appeal, review and formal complaint rights?
  11. Date the employee/applicant was advised: dd / mm / yy

Name and title of manager responsible for accommodation request

Signature of manager responsible for accommodation request

Date of completion of form: dd / mm / yy

Appendix 3F: Employment Equity Action Plan: Special Measures, Positive Policies and Practices and Reasonable Accommodation Measures

Objective 1
Actions Individual Responsible Time Frame
Objective 2
Actions Individual Responsible Time Frame
Objective 3
Actions Individual Responsible Time Frame
Objective 4
Actions Individual Responsible Time Frame
Objective 5
Actions Individual Responsible Time Frame

Appendix 3G: Employment Equity Plan Template

Introduction

The introduction of your organization’s employment equity plan is an overview of your organization’s workforce profile, actions taken to communicate with various individuals throughout the creation of your employment equity plan, and measures put in place to ensure accountability.

  • Workforce Profile

    Record your workforce profile. The information required is:

    • the number of employees covered under your organization’s plan and their status (i.e., number of full-time, part-time and temporary workers); and
    • a description of anticipated changes in the workforce (i.e., significant expansions and reductions).
  • Communication

    Describe in detail consultations that took place and communications that were circulated in the process of creating your organization’s employment equity plan.

  • Accountability

    Describe how accountability was maintained throughout the creation of your employment equity plan. In this section, identify the individuals responsible for various tasks undertaken in this step.

Description of Your Organization’s Action Plan

In this section, you are required to describe:

  • measures to be taken in the short term to eliminate employment barriers identified in your employment systems review;
  • positive policies and practices to be instituted in the short term for hiring, promoting and retaining designated group members and for accommodating them in the workplace; and
  • short-term numerical goals for hiring and promoting designated group members and measures that will be taken to achieve those goals.

For each measure, you must include a time frame for implementing the positive policies and practices or for achieving the goals and record the name of the manager accountable.

In addition to short-term goals, your organization must describe:

  • measures to be taken in the long term to address gaps in the representation of designated group members that may require more than three years to close; and
  • measures your organization will take to eliminate specific barriers in the workplace.

For each measure, you must include a time frame for closing gaps in representation or for eliminating barriers and record the name of the manager accountable for the goal.

Your organization must include the tables completed in Appendices 3A, 3B, 3F and 3G.

Description of Your Organization’s Monitoring and Revision Procedures

In this section of your organization’s employment equity plan, you must provide a detailed description of the measures to be put in place to monitor and revise the plan. This must include:

  • the names and contact information of those responsible for monitoring the employment equity plan;
  • how often a review will take place;
  • what types of consultations with employees will take place regarding the monitoring of the plan;
  • to whom the results of the monitoring process will be reported; and
  • how the results of the monitoring process will be reported to employees.

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Date Modified:
2012-02-27