This policy uses the Human
Rights Code as its foundation to ensure that every person has the right to be
free from discrimination and harassment, to the highest standards of human
equality. The Windsor Police Service will not tolerate, condone or ignore harassment
and or discrimination, whether in its role as an employer or as a service
provider to the general public.
Policy is designed to support a fair and inclusive workplace in which all
members have an opportunity to fulfill their potential and in which barriers to
achievement and access to employment and services are identified, removed and
Service has a vital role to play in promoting, protecting and advancing human
rights in the workplace as well within our community. In its goal of being a
leader in human rights promotion and compliance, the Service is committed to
address harassment and discrimination, throughout all of its policies,
practices and procedures.
Directing Mind Employees - This refers to any supervisor or
decision-maker within an organization who functions, or is seen to function, as
representatives of an organization. Even non-supervisors may be considered to
be part of the “directing mind” if they have supervisory authority or have
significant responsibility for guiding employees and other workers.
Discrimination - Means any form of unequal treatment based on
aCodeground that results in disadvantage, whether imposing extra burdens or
denying benefits. It may be intentional or unintentional. It may involve direct
actions that are discriminatory on their face, or it may involve rules,
practices or procedures that appear neutral, but have the effect of
disadvantaging certain groups of people. It may be obvious, or it may occur in
very subtle ways. Discrimination needs only to be one factor among many factors
in a decision or action for a finding of discrimination to be made
by Association - Discrimination or harassment because of a person’s association,
relationship or dealings with a person protected by theCode. It includes actions taken against a person who has
objected to discriminatory comments aimed at another group.
Employee - Any employee of the Windsor Police Service,
including full-time, part-time, temporary, probationary, contract staff, as
well as those who work to gain experience or benefits such as volunteers and
Harassment - Means a course of comments or actions that are
known, or ought reasonably to be known, to be unwelcome. It can involve words
or actions that are known or should be known to be offensive, embarrassing,
humiliating, demeaning or unwelcome, based on a ground of discrimination
identified by thisPolicy. Harassment
during employment can happen based on any of the grounds of discrimination.
Examples of Harassment
Epithets, remarks, jokes or
innuendos related to an individual’s race, sex, disability, sexual orientation,
creed, age, or any other ground;
Showing or circulating
offensive pictures, graffiti or materials, whether in print form or using
e-mail or other electronic means;
Singling out an individual for
humiliating or demeaning “teasing” or jokes because they are a member of a
Comments ridiculing an
individual because of characteristics, dress, etc. that are related to a ground
Even if a person does not
clearly object to harassing behaviour, or if they appear to go along with it,
it cannot be assumed they have agreed to this behaviour. Victims of harassment
may feel vulnerable to reprisals and not speak up, especially in contexts of
power inequities. It could still be
Activity - Comments or actions against a person or group motivated by bias, prejudice
or hate based on Code defined prohibited grounds or any other similar factor.
It includes, but is not limited to, hate crime, hate propaganda, advocating
genocide, telephone/electronic communications promoting hate, and the display
of hate through any notice, sign, symbol or emblem.
Inclusive Design - Taking into account differences among individuals
and groups when designing something, e.g. polices, programs, curriculums,
building infrastructure in order to proactively avoid creating barriers.
Responsibility and Vicarious Liability -A corporation, association or employer can be held responsible for
discrimination, including acts or omissions, committed by employees or agents
during their employment, whether or not it had any direct knowledge of,
participation in, or control over these actions. Vicarious liability increases
further in situations where the organization does have knowledge and yet fails
to take appropriate action.
Grounds - The prohibited grounds refer to those personal
attributes that are recognized as the most common targets of harassing and
discriminatory actions, which are protected under the Code. For adverse
treatment to be considered discrimination or harassment based on prohibited
grounds, the adverse treatment or effect must be in part connected to one of
these aspects of a person’s background, or perceived background or association:
Sex (including pregnancy and
Gender Identity / Gender
expression (transsexual, transgender, and intersex persons, cross-dressers, and
others whose gender identity or expression is, or is seen to be, different from
their birth-identified sex)
Family status (being in a
parent-child or equivalent relationship and identity of family member)
Marital status (including being
married, single, widowed, divorced, separated, or living in a conjugal
relationship outside of marriage, whether in a same-sex or opposite-sex
relationship and identity of spouse)
Disability (including mental,
physical, developmental, learning disabilities and addictions that lead to
significant impairment or distress)
Place of origin
Record of offences (conviction
for a provincial offence, or for a criminal offence for which a pardon has been
received, applicable only in employment contexts)
Association or relationship
with a person identified by one of the above grounds.
Environment - Negative, hostile or unpleasant workplace or an unequal work environment
due to comments or conduct that demeans a group identified by one or more
prohibited grounds under the Human
Rights Code, even if not directed at a specific individual. A poisoned
work environment may result from a single serious event, remark or action.
Harassment - A course of comment or conduct based on an individual’s sex or gender
that is known or ought reasonably to be known to be unwelcome.
Gender-Based Harassment - is a subset of sexual harassment. It refers to
behaviour and polices that reinforces traditional heterosexual gender norms.
Forms of sexual and
gender-based harassment could include:
Gender-related comments about a
person’s physical characteristics or mannerisms
Paternalistic comment or
conduct based on gender, which undermines a person’s self-respect or position
Unwelcome physical contact
Suggestive or offensive remarks
or innuendoes about members of a specific gender
Propositions of physical
Gender-related verbal abuse,
threats or taunting
Leering or inappropriate
Bragging about sexual prowess
or questions or discussions about sexual activities
Offensive jokes or comments of
a sexual nature about an employee or citizen
Rough and vulgar humour or
language related to gender
Display of sexually offensive
pictures, graffiti or other materials, including through electronic means
Demands for dates or sexual
Sexual Solicitation and
Reprisal - Sexually related solicitations
or advances by any person who is in a position to grant or deny a benefit to
the recipient, where this is known or ought reasonably to be known to be
unwelcome. This includes managers and supervisors, as well as co-workers where
one person is in a position to grant or deny a benefit to the other. Reprisals for
rejecting such advances or solicitations are also prohibited.
Systemic or Institutional
Discrimination -Consists of patterns of
behaviour, policies or practices that are part of the social or administrative
structures of an organization, which create or perpetuate a position of
relative disadvantage for persons protected by theCode. They appear neutral on the surface, but have an
exclusionary impact on persons identified by aCodeground. They can also overlap with types of discrimination
that are not neutral, such as prejudice and stereotypes. Systemic
discrimination may be identified by looking at:
Hardship - Under the Code a high standard is set in order for an
employer or service to claim undue hardship and it must be based on three
factors, cost, outside sources of funding, if any and the health and safety
requirements, if any.
Workplace Restoration - Promoting and/or restoring positive and
respectful workplace relationships following a complaint of discrimination or
This directive shall
consider provisions of the Ontario Human Rights Code to prevent and address
human rights issues, and shall follow the Human Rights Policy directive.
The Windsor Police
Service is Committed to:
the human dignity of all persons and groups of persons. It is dedicated to
being free of discrimination and harassment, to the highest standards of human
discrimination and harassment on the basis of the prohibited Human Rights Code
and protecting these rights andactively endorsing these standards at
every level and in all of its employment and service activities. ALL members
are expected to promote these values, and work to address and resolve human
rights issues, whenever possible, through informal discussion and informed by
procedures detailed within specific related Policies.
within our diverse community and integrating as many different voices and
experiences as possible into activities, both as an employer and in the
services it provides.
human rights concerns in a fair and timely manner. Where harassment or
discrimination are found to have occurred, steps will be taken to make sure
that the person whose rights have been violated is, to the best extent
possible, ”made whole” and the effects of discrimination remedied.
protecting and advancing human rights as an employer as well in the services
Inclusively designing programs and services;
Providing accommodation to the point of undue hardship;
Ensuring that its members, supervisors and the community are aware
that discrimination and harassment are unacceptable and are incompatible with
the Services standards, as well as being against the law;
Providing training to ensure members are aware of their rights and
responsibilities in this and related human rights policies and procedures;
Monitoring its systems and culture for barriers based on Code grounds;
Providing an effective and fair complaints and grievance procedure
that allows for the tracking of human rights complaints and their outcomes;
Promoting appropriate standards of conduct at all times;
Identifying, developing and implementing processes to address the
behaviours, approaches and practices that may be offensive to the human rights
of employees and people dealing with the Service.
This policy is an
overarching policy to ensure that all current and future WPS support and
operational policies, procedures, protocols and practices consider provisions
of the Ontario Human Rights Code to prevent and address human rights issues
both internally as well externally.
This policy is not intended to be a single reference point, for
dealing with all Human Rights matters. Specific practices and procedures
regarding appropriate standards and processes, including complaints can be
found within the following specific policies, programs or legislation:
Directive 352-01 Promotional
Directive 320-01 Recruitment
& Selection Process (Under Development)
Directive 320-02 Accommodation
Directive 361-03 Workplace
Directive 361-04 Workplace
Accessibility for Ontarians with
Disabilities Act (AODA) regulations
All types of discrimination
related to protected grounds are prohibited, whether direct or indirect,
intentional or unintentional. This Policy is contravened
if discrimination is authorized, condoned, ignored, adopted or ratified and is
proven on a balance of probabilities after investigation and bearing in mind
all relevant factors identified in this Policy. The Service
will take all needed steps to investigate and address any claims that do happen.
The right to freedom from
discrimination and harassment extends to all members, to all people who receive
services and to all who do business with the Service.
This policy applies at every level of the organization
and to every aspect of the workplace environment and employment relationship. This
includes recruitment, selection, promotion, transfers, training, salaries,
benefits, discipline, termination, granting leaves of absence and performance
This policy also applies to events that
occur outside of the physical workplace that have implications
or repercussions in the workplace. Examples are business trips, Service social
events or other Service-related functions.
Personal harassment which
falls outside of the Code defined grounds such as workplace bullying or hate
activity is prohibited and typically falls under Directive 361-04 Workplace
All members and members of
the public interacting with the Service or its members are expected to uphold
and abide by this policy, by refraining from any
form of discrimination and harassment.
Recognition of Intersecting Code grounds
The intersection of Code grounds is a possible and significant factor in the
experience of discrimination. Intersectional discrimination occurs when persons
identified by multiple Code grounds
experience discrimination that reflects a combination of grounds, instead of
one ground alone or multiple but not intersecting grounds. Recognition of
intersecting grounds is essential to develop the necessary understanding of the
unique types of discrimination a person may experience.
Human Rights Conflict with other Organizational Directives, Legislative
requirements or Collective Agreements
rights have quasi-constitutional/constitutional status, and take precedence in
cases of conflicts with other directives and requirements. If this policy
conflicts with any other policy or directive, including the collective
agreement, the Service will consider what changes or actions to these may be
needed in order to bring these in line with human rights law (whilst respecting
the bargaining process).
Dealing with Competing Human Rights Claims
Human rights claims may sometimes conflict with other human rights
claims. In such situations, efforts will be made to recognize legitimate
competing claims and reconcile them in a way that does not undermine or
disrespect the legitimacy of any of the claims and of the integrity of persons
Examples of competing human
rights claims may emerge related to any of the Code
grounds, but have most commonly emerged under the grounds of disability, creed,
sexual orientation, sex and family status.
These competing human
rights claims will be carefully addressed and resolutions will be sought that
best reconcile the competing claims. Tools for reconciling may include careful
scrutiny of the rights claims in the context to determine whether a collision of
human rights claims actually exists and where it specifically exists, seeking
win/win resolutions that transcend the collision of claims, highlighting or
prioritizing some claims based on pressing factors, and seeking acceptable
compromises and concessions.
claims will be resolved according to procedures outlined within specific
policies identified in Section ll. Policy Statement Section C.
To Effectively Apply this Policy the Service
Societal discrimination related to Code
grounds, which are often termed as “isms.” Examples of such “isms” include
racism, ageism, sexism and heterosexism.
These forms of societal discrimination give rise to or contribute to
direct and systemic discrimination and harassment within organizations.
Consistent with the Human Rights Strategy
in Section ll, Policy Statement - Section U. Human Rights Strategies - General,
the Service will seek to identify and address the prevalence of these forms of
discrimination in the policies, practices, procedures and culture operating in
Members are entitled to
claim and enforce their right to a workplace free of harassment and
discrimination. It is a violation of this policy or any policy
of the Service to discipline, criticise, ostracise, or otherwise negatively
treat a person, or treat a person negatively by omission, because he or she has
brought forward a complaint, provided information related to a complaint, or
otherwise been involved in the complaint resolution process.
A complaint alleging
reprisal may be made under Directive 361-04Workplace Harassment and persons engaging in reprisal are subject
to disciplinary measures, up to and including dismissal from the Service.
The provisions of this policy in no way affect the right of any person to exercise
his or her rights under the applicable collective agreement or under the
Ontario Human Rights Code.
management is not a violation of this policy or any other policies of the
Allegations, complaints, or
accusations that are proven to be frivolous, vexatious, and/or in bad faith are
also considered a policy violation. These may be
met by disciplinary consequences found within Directive 145-01 Discipline, for
sworn members, and Directive 145-02 Civilian Discipline.
Human Rights Strategy - General
The Windsor Police Service will develop an annual Human Rights Strategy
that aims to prevent discrimination and harassment, and to promote fairness in
service provision in the workplace, in accordance with the Code.
The Strategy will set clear
targets and objectives and include initiatives related to public education and
outreach, continuous training and education of members, and related future
The Strategy will include a
provision for identification of emerging Human Rights themes, in areas such as
Accountability, Accommodation, Recruitment, Training and Communications, and
the development of appropriate procedures.
The Human Rights Strategy will be
reviewed annually and updated as required. The Strategy
Steps taken to advance inclusive design, and to identify, prevent
and remove barriers related to Code grounds. These
steps should be taken regularly, with the requirement that all Code grounds be covered within a five-year cycle;
Efforts to make this Policy known to all
members, prospective employees, and members of the public served;
Ongoing training on Human Rights and related policies to all
members, including new members;
Additional training for all staff on human rights themes that are
timely and relevant;
Employment equity measures that enhance efforts to recruit, promote
and retain staff. These measures must reflect the diversity of our community,
with special regard to retaining a workforce that reflects vulnerable Code ground protected groups to enhance human rights work;
A process to annually review this Policy in
consultation with staff representatives of all sections of the Service.
Review: The Manager – Human Resources is responsible for ensuring that this
Directive remains current and a submission of a review report sent to Quality
Assurance and Audits prior to the anniversary of the Date Last Reviewed.
Every Senior Officer/Director/Manager in charge of a Branch will be
responsible for providing information concerning human rights initiatives in
areas such as, Recruitment, Training, Selection, Promotion, Retention,
Accommodation, Accountability and Communications, to the Manager - Human
Resources for inclusion in the Annual Report.
The Manager - Human Resources shall:
Submit an Annual Report on behalf of the Service, which will include:
Information on any procedures developed to support this Directive,
and an assessment of their effectiveness and impact on the Service;
Information concerning the implementation of the Human Rights
Strategy, including details of initiatives undertaken, intended objectives and
Reporting and mechanisms relied upon to ensure accountability by all
Service members acting in a Supervisory or Management capacity;
Concerns regarding all internal and external complaints made against
the service or any member of the Service, alleging a breach of this or related
Directives or the Code, relating to discrimination or harassment, the report
The number of Internal and External complaints received each year,
as compared to previous years;
The area of discrimination or harassment complained about (service
provision or employment);
The grounds of discrimination or harassment upon which the
complaints are based;
The number of internal complaints that went to grievance or the
Human Rights Tribunal;
The number of external complaints that went to the OIPRD or Human
The status and/or resolution of the requests;
The number of changes, alterations, deficiencies relevant to internal
or external accommodation plans;
An overview of all remedies
awarded arising from all complaints.
An annual report shall be submitted to the Police Services Board and will
include information regarding the complaints which involve discrimination and
harassment contrary to the Code and performance measures with respect to the
relevant procedures to be used to assess the effectiveness and impact of the
implementation of this Directive.
All on-going training initiatives will emphasize that human rights
policies and programs are in harmony with the Windsor Police Service’s
objectives. Training and education to Service members will include programs
which address Human Rights issues and assist members to understand and
Their responsibilities to provide services to the public without
Their rights to employment without discrimination; and
Applicable Service policies and procedures.
All members acting in a Supervisory or Management capacity will receive
regular training and education on their responsibilities and related legal
liabilities, which may arise from Code amendments, Human Rights Tribunal
Decisions and this Directive;
All training programs will be
evaluated regularly to assess their adequacy and effectiveness in meeting the
objectives of this Directive.