Policy Statement

The City of Ottawa is committed to providing quality services by establishing a qualified workforce that reflects the diverse population it serves. It is City policy to foster an environment that respects people’s dignity, ideas and beliefs, thereby ensuring equity and diversity in employment and ensuring customers and others have access to City facilities, products, services, and grants as defined by human rights legislation.

Purpose

The main objectives of this policy are:

· to eliminate barriers in the workplace, commonly known as systemic discrimination and to develop a work environment that promotes equity and diversity,

· to contribute to the achievement of the City of Ottawa’s business goals and client service delivery ,

· to establish a framework that requires all departments within the City to embrace the spirit of equity and diversity in the development of their policies and programs that impact the delivery of City services, the use of City facilities, grants to external agencies and other outwardly focussed activities.

Application

This policy applies to all City employees, including full-time, part-time, and temporary employees, summer students and co-op placements, persons acting on behalf of the City

(e.g. consultants, contractors), as well as individuals who apply for employment with the City of Ottawa. Some employees of the Transit Services Branch of the Transportation, Utilities & Public Works Department (TUPW) and Corporate Services are required to comply with the Canadian Human Rights Act, and the federal Employment Equity Act, whereas the Ontario Human Rights Code covers all other employees of the City. Employees who are unsure of which legislation they are subject to should contact the Human Rights and Employment Equity (HREE) Division.

Policy Description

The City demonstrates its commitment to equity and diversity by providing a supportive work environment and corporate culture that welcomes members of designated groups.

This policy prohibits discrimination in the workplace, in the provision of goods, services, and facilities to the public and the administration of contracts as defined by human rights legislation.

The Ontario Human Rights Code prohibits discrimination on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, sex, record of offences, marital status, family status, handicap, and sexual orientation. Under the Canadian Human Rights Act, it is against the law to discriminate on the basis of race, sex, colour, age, national or ethnic origin, religion, marital status, family status, disability, sexual orientation and a pardoned criminal conviction.

The City does not condone any form of discrimination. It endorses and embraces the Canadian Human Rights Act and the Ontario Human Rights Code, which prohibit discriminatory practices.

A corporate equity and diversity plan will be based on the City’s workforce data, ongoing reviews of the employment policies and practices, data on the external workforce and other relevant information, such as graduation statistics from educational institutions.

A corporate plan will outline identified barriers, detail how to eliminate them, provide a timetable for activities and determine who will implement them. The HREE Division will monitor and evaluate the progress of the various activities. Each department will cooperate in the development of the corporate plan and the implementation of activities that apply to their department. Progress on equity and diversity will be reported annually to Council and Management. A Joint Union-Management Committee will be established.

Complainants have the right to seek assistance from the appropriate Human Rights Commission, whether or not they file a discrimination complaint with the City.

Complainants must identify themselves. Anonymous complaints will not be investigated.

All information relating to a complaint will be kept strictly confidential and is subject to the conditions of the Municipal Freedom of Personal and Private Information Act, the Personal Information Protection and Electronic Documents Act, and to litigation requirements. During the investigation, all parties involved are required to keep the investigation confidential. Details of the recommended actions are made known only to the management staff involved.

Definitions

For purposes of this policy, the following definitions apply.

Discrimination – the denial of equal treatment in employment, in the provision of goods, services and facilities to the public, and in the administration of contracts based on the prohibited grounds as defined by human rights legislation.

Systemic Discrimination – the use of application of a neutral requirement that has a negative impact on a group protected under human rights legislation. Systemic discrimination occurs when policies and practices exclude, limit or restrict members of designated groups from employment or opportunities within employment. (e.g., opportunities to apply for other jobs, participate in training, attend conferences, obtain promotions, and receive special assignments).

Harassment – any behaviour or practice that is deemed inappropriate by its adverse effects on an individual’s employment, job performance and/or personal dignity. The four types of harassment are:

• Discriminatory,

• Personal,
• Poisoned Work Environment, and
• Abuse of Authority,

Designated Groups - for the purposes of its overall equity and diversity initiatives, the City has identified the following four groups: women, Aboriginal persons, persons with disabilities, and members of visible minority groups. The selection of these four groups does not preclude the possibility of addressing systemic discrimination for other identifiable groups including addressing issues relating to sexual orientation and gender identity.

Aboriginal Persons – are North American Indians or members of a First Nation, Métis or Inuit. Members of a First Nation include status, treaty or registered Indians. North American Indians include non-status and non-registered Indians.

Persons with Disabilities – are persons who have a long-term or recurring physical, mental, sensory, psychiatric or learning impairment and who:

• consider themselves disadvantaged in employment by reason of that impairment, or who
• believe that an employer or potential employer likely would consider them disadvantaged in employment by reason of that impairment.

These would include persons whose functional limitations owing to their impairment have been accommodated in their current job or workplace. For the purpose of all corporate policies, persons with disabilities shall meet all of the following criteria:

• the condition is permanent, ongoing or of some persistence;
• the condition is not commonplace or widely shared; and
• the condition is a substantial or material limit on the individual in carrying out some of life’s important functions.

Visible Minorities – are persons other than Aboriginal persons who are non-Caucasian in race or non-white in colour.

Bona Fide Occupational Requirements -- are those requirements that:

• the employer has adopted for a purpose or goal that is rationally connected to the functions of the position,
• the employer has adopted in good faith in the belief that they are necessary to fulfill the purpose or goal, and
• are reasonably necessary to accomplish the purpose or goal in the sense that the employer cannot accommodate persons with the characteristics of a particular group without incurring undue hardship.

Accommodation – the facilitation and integration of individuals into the workplace by recognizing and accommodating special needs through the identification and removal, if necessary, of non-essential job elements, workplace adjustments, technical devices, flexible scheduling, adaptive devices for equipment, etc. unless undue hardship by the City would be incurred in such accommodation.

Occupational Groups – The 14 occupational groups used by Statistics Canada to report employment equity data. This is based on the National Occupational Classification System, which classifies jobs by skill level and skill type. All City jobs are classified using this system for the purposes of Equity and Diversity Procedures.

Workforce Census – information on gender and designated group representation within occupational groups.

Joint Union-Management Committee – a joint management and union committee that oversees the application of this policy.

Responsibilities

The Joint Union-Management Committee

• oversee the implementation of the City’s Equity and Diversity Policy.

General Managers and Directors

It is the responsibility of the General Managers and Directors to:

· create and maintain a workplace free from discrimination,

· ensure that the Equity and Diversity policy and procedures are available to all staff, accessible and supported,

· assist in investigations by assigning a co-investigator, reviewing results, making recommendations and ensuring they are acted upon,

· implement equity and diversity initiatives within their departments, and

· as appropriate, consult with HREE staff during the development of policies and programs related to employment, the delivery of services, the use of City facilities, grants to external agencies and other externally focused activities to ensure the principles of equity and diversity are respected.

Immediate Supervisors and Managers

Immediate supervisors and managers are responsible for:

• creating and maintaining a workplace free from discrimination,
• intervening when discrimination problems arise,
• preventing and ending discrimination by:

o not engaging in behaviour contrary to the Equity and Diversity Policy;

o communicating and supporting the City’s objective of a workplace free from discrimination,

o not ignoring or condoning behaviour that is contrary to the policy;

o taking all complaints seriously, discussing the situation with the respondent, and seeking advice from the Human Rights and Employment Equity staff; and

o implementing changes to employment systems, removal of barriers and other related actions as appropriate.

Human Rights and Employment Equity (HREE) Staff

It is the responsibility of the Human Rights and Employment Equity staff to:

• promote a general understanding of the Equity and Diversity policy, through an appropriate mix of communications, training and advisory services,
• inform individuals of the purpose of the self-identification questionnaire and assure them that the information collected is confidential and will only be used for equity and diversity initiatives,
• ensure the development of a database to gather and analyse data on designated groups’ representation in the City’s workforce,
• formulate City equity and diversity goals, strategies and plans,
• assist management in consultation with Human Resources Services Branch in the development of recruitment, promotion and retention strategies,
• provide advice to employees and managers regarding the Equity and Diversity policy, procedures and complaints,
• promote and ensure effective implementation of the Equity and Diversity policy and procedures,
• investigate all formal internal discrimination complaints with the assigned co-investigator,
• act as mediator for informally resolving discrimination complaints,
• investigate and respond to claims of systemic discrimination,
• coordinate and support the Joint Union-Management Committee,
• conduct research, training and other work as determined by the corporate Equity and Diversity Plan.

Employee Assistance Program

• counsel employees affected by discrimination in the workplace

Employees

Employees are responsible for:

• reporting areas where they feel there may be barriers to equal opportunities.
• completing the identification part of the self-identification form and the voluntary nature of the self-identification of the designated groups,
• notifying their supervisor or manager of their need for employment-related accommodations, and consulting with the City’s Human Resources Department on the most appropriate accommodation, and
• reporting instances where they believe they have been discriminated against and/or harassed to one of the following individuals: their immediate supervisor, manager, director, or the Human Rights and Employment Equity Division. Employees are encouraged to seek a resolution to their complaint within their respective department.

Contraventions

The Transit Services Branch of TUPW, and both the Transit Fleet Maintenance Branch and a portion of Venture Properties of Real Property and Asset Management Branch of Corporate Services Department are required to comply with the Employment Equity Act. Under that Act, the City is required to submit an annual progress report to Human Resources Development Canada. Failure to comply may result in a monetary penalty up to $50,000 for repeated or continued violation of the Act.

Failure to comply with the City of Ottawa’s Equity and Diversity policy may result in complaints filed with the Human Rights Commission, and may also result in disciplinary action against an employee, up to and including dismissal.

References

Employee Code of Conduct

Workplace Harassment Policy and Procedures

legislated & Administrative Authorities

Canada Labour Code

Canadian Charter of Rights and Freedoms

Canadian Human Rights Act

Collective Agreements

Employment Equity Act

Employment Standards Act

Municipal Freedom of Information and Protection of Privacy Act

Ontario Human Rights Code

Personal Information Protection and Electronic Documents Act

Key Word Search

Aboriginal Persons

Accommodation

Designated Groups

Discrimination

Diversity

Equity

Persons with Disabilities

Systemic Discrimination

Visible Minorities

Women

Contact

Enquiries should be directed to:

Human Rights and Employment Equity Division

Labour Relations Branch

Human Resources Department

City of Ottawa

Tel (613)-580-2424