2.01

There shall be no discrimination or harassment by reason of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, or, disability as defined in section 10(1) of the Ontario Human Rights Code.

For the purposes of this Article, harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.

2.02

The parties are committed to a workplace free from workplace harassment including bullying, by other employees, supervisors, managers, any other person working or providing services to the Employer in the workplace, clients or the public, in accordance with the law. Workplace harassment is engaging in a course of vexatious comment or conduct against an employee in the workplace that is known or ought reasonably to be known to be unwelcome.

2.03

The Association and the Employer jointly recognize and affirm the right of employees to work in an environment that is respectful and free from harassment.

2.04

All complaints regarding workplace harassment or discrimination shall be eligible to be processed as grievances under this Collective Agreement.

2.05

Grievances under Article 2.04 shall be limited solely to instances which occur at the workplace involving the Employer’s employees. Grievances shall not include alleged discrimination or harassment by a member of the public or individual not employed by the Employer, unless the Employer was reasonably aware that such harassment/discrimination was occurring in the workplace.

2.06

Following the filing of a workplace harassment/discrimination grievance, the Employer, where practical, will consult with and seek the consent of the Association and grievor prior to any decision, if any, to remove the grievor from the work location of the alleged harasser.

2.07

Where the alleged harasser is the person who would usually deal with any steps in the grievance procedure, the grievance shall be heard by an alternative designee.

2.08

The normal exercise of managerial rights including the day-to-day assignment of tasks, attendance management, training, performance management or discipline does not constitute harassment, provided that 9 the employer does not exercise those rights in an oppressive or tyrannical manner.