EXPLORING DISCRIMINATION

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EXPLORING DISCRIMINATION

• WHAT IS DISCRIMINATION??

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HARASSMENT
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• ONTARIO HUMAN RIGHTS CODE
• The Preamble states that we recognize that all
  people
• Have human rights that cannot be infringed upon
  or dismissed
• Have individual dignity and worth
• Are entitled to equal rights and opportunities
  without discrimination, and
• Need a climate of understanding and mutual
  respect, so that everyone feels a part of society
  and can contribute fully to it.

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The Human Rights Code exists to protect certain
rights and freedoms... including

• FREEDOM FROM HARASSMENT IN THE WORKPLACE
• FREEDOM FROM UNWELCOME ADVANCES
• FREEDOM FROM REPRISALS / RETRIBUTIONS

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THE HUMAN RIGHTS CODE PROHIBITS DISCRIMINATION OR
HARASSMENT BASED ON

• Race
• Place of origin
• Colour
• Citizenship
• Sex
• Sexual Orientation
• Age
• Handicap
• Religion, Creed
• Marital Status
• Record of Offences
• Family Status

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HARASSMENT IS NOT

• An occasional remark or compliment
• Youve had your hair done! It looks really
  good on you!
• Relationships between consenting adults which are
  voluntary and mutual
• Dinner? Why Id love too!
• The normal exercise of supervisory
  responsibilities including training, counseling
  and discipline when necessary
• This is the fourth time youve been late in
  five days. Ive given several verbal warnings.
  This time I am going to put a note on your
  personal file.

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WHAT IS HARASSMENT?

• It is
• a course of vexatious comment or conduct that
  is known or ought to be known to be unwelcome.
• VEXATIOUS
• Annoying, distressing, irritating

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• Unwelcome remarks or behaviour
• Solicitation by promise of reward
• Inappropriate and offensive sexual advances
• Reprisal or threat of reprisal for rejection

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Sexual Assault and Harassment

• More than one third of Canadian women report
  having had at least one experience of sexual
  assault since the age of 16.1
• Less than 10 of sexual assaults are reported to
  the police.2
• 86 of victims of sexual offences reported to the
  police in 2004 were female, and young women under
  25 experienced the highest rates of sexual
  assault.3
• Children and young people under the age of 18
  represented 58 of victims of sexual offences
  reported to police in 2004.4
• In cases of sexual assault reported to the police
  in 2003, the vast majority were female victims
  (80). Over half of these victims were girls
  between 11 and 17 years old.5
• In 86 of cases reported to the police the victim
  knew the accused they were peers,
  acquaintances, co-workers or family members.6
• According to the 1993 Statistics Canada Violence
  Against Women Survey 23 of Canadian women had
  experienced work-related sexual harassment in the
  workplace.  Over half of these women (55) were
  harassed by a co-worker.7
• Women who experienced sexual harassment in the
  workplace reported negative effects such as
  losing their jobs, damaged relationships with
  co-workers, losing friends, feeling stress with
  family members, depression, anxiety, loss of
  self-esteem, and physical illness.8

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RACIAL OR ETHNIC HARASSMENT

• Unwelcome remarks, innuendos, jokes or taunts
• Displaying racist, derogatory or offensive
  picture or materials
• Refusal to converse or work
• Insulting gestures or practical jokes

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EXAMPLES??

• People have the right to live and work in an
  environment that is free from demeaning comments
  and actions based on race, ancestry, place or
  origin, citizenship and creed. This type of
  activity is a destructive practice which affects
  everyone. Even when meant as a joke, it is
  derogatory and humiliating in its effect.

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HOW DO I KNOW IF I AM BEING HARASSED?

• Sometimes it is difficult to tell
• Go back to the definitionsare the criteria
  present?
• Is the behaviour unwelcome?
• Reflect on how it is making you feel? Does it
  make you feel uncomfortable?

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WHAT TO DO IF YOU ARE BEING HARASSED?

• 1. KNOW That sexual harassment makes you feel
  uncomfortable.
• 2. SAY Tell the person, What you are doing
  makes me feel uncomfortable and your actions are
  unwelcome. Perhaps describe what is happening
  while it is happening. Write them a letter if you
  cant say it in person.
• 3. FIND Obtain a definition of sexual
  harassment, circle the part that describes what
  the harasser is doing to you, and leave it in the
  harassers mailbox or, write a description of
  what the harasser is doing and deliver it to the
  harassers office.
• 4. TELL You must tell your Co-op teacher or
  Principal immediately. Outside of co-op tell
  your co-workers, most harassers have more than
  one victim.
• 5. REPORT Find out if your workplace,
  institution, or employee association has a
  sexual harassment officer, and report the
  incident to them or tell your boss or union
  representative.
• 6. RECORD Make a note of the date and time,
  what the person said or did to you, where you
  were and what you said, any witnesses.
• Document any adverse job effects or health
  problems.
• 7. FURTHER ACTION File for criminal charges if
  you have been assaulted. Contact the Human
  Rights Commission

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TYPES OF DISCRIMINATION

• In your group read your fact sheet and answer the
  following questions.
• What are the key words you need to understand
  when discussing this type of discrimination?
• Can you give examples from real-life situations
  to illustrate this type of discrimination?
• What effect could/would this type of
  discrimination have on someone?
• How do you think this kind of treatment would
  make someone feel?

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HARASSMENT CASE STUDY

• A female co-op student is very unhappy about her
  placement because her immediate supervisor is
  constantly making comments about her figure and
  her personal appearance. Sometimes, he touches
  her and this makes her feel very uncomfortable.
  Often he jokes or asks questions of a personal or
  sexual nature. The student hates to be in the
  same room as her supervisor but in order for her
  to do her job, she must see him on a regular
  basis.
• If it wasnt for the actions of this supervisor,
  she would be very happy with her placement. She
  likes the job and is getting a lot of work
  experience and skills she feels she will use
  later in her career.
• She is afraid to say anything to this supervisor
  or anyone else because she thinks it will
  jeopardize her job and her evaluation.
• She has been trying to ignore his behaviour even
  though it makes her feel very uncomfortable. She
  figures she will just put up with it until her
  placement is over.

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Harassment Case Study

• What is the problem?
• What can she do about this problem?

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What is the problem?

• Co-op student has been made to feel uncomfortable
  in her working environment.
• Supervisor constantly says things and makes jokes
  of a sexual nature. He makes comments about her
  body and sometimes touches her.
• She does not like this and does not like to be in
  the same room with him, but must work with him in
  order for her to do her job.
• Other than this supervisor, she likes her job and
  is learning a lot from it.
• She is afraid to do saying about this situation
  because she is afraid it will make her look bad
  or effect her evaluation
• SHE IS BEING SEXUALLY HARASSED

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WHAT CAN SHE DO ABOUT THIS PROBLEM?

• The student needs to tell her supervisor very
  clearly that his sexual comments, jokes and
  touching are unwelcome and make her feel
  uncomfortable. She should tell him to stop doing
  these things. If she has told someone at school
  about this she should tell him that.
• The student should tell her co-op teacher or
  principal immediately. Perhaps she is more
  comfortable letting them talk to the supervisor.
• If it doesnt resolve then she should

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• Speak with a close friend, family member or the
  Employment Equity Officer to get their support.
• Find out if the employer has a policy for
  workplace harassment and what procedures you
  should follow under that policy.
• Record each time the supervisor harasses her
  making a note of the date and time, what the
  supervisor said or did to you, where you were,
  and what you said, and whether there were any
  witnesses.
• Write down any job-related effects such as health
  problems, anxiety, inability to work , etc.
  even if you cant prove they are related to the
  harassment.
• Contact the Human Rights Commission.

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• MINI CASE STUDIES
• Anthony, who is 18 years old, has applied for a
  job as a clerk in a sporting goods store. The
  store manager is impressed with Anthonys
  maturity and ability and says that he will hire
  him, subject to reference checks. On checking his
  references with a former employer, the manager
  found out that Anthony was convicted of reckless
  driving several times when he was younger and
  calls to tell him he will not be hired. Has the
  store manager violated Anthonys human rights by
  refusing to hire him?

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Answer

• The manager has violated Anthonys human rights
  on the basis of record of offense. The duties
  do not relate to the offense unless driving for
  the company is part of the job.

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• 2. Naomi and several of her friends play in a
  womens hockey league at the local community
  centre. Whenever they play, the make rink
  attendants never give them their full allotted
  ice time. The attendants jeer every time one of
  the young women falls and there are often pin-up
  pictures of women in the dressing rooms. Naomi
  has complained but the manager has done nothing,
  saying that women should stick to figure
  skating and leave hockey to boys. Have the
  rink attendants violated the young womens human
  rights?

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Answer

• The rink attendants and manager violated rights
  on the basis of gender. Jeering and pin-ups are
  poisoned environment.

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• 3. After years of fighting, Dons parents are
  getting a divorce. Things are so tense that Don
  feels he must live on his own if he is to
  successfully complete his school year. He has
  been a good student and stayed out of trouble. At
  16, he has qualified for social assistance and
  has put in an application at a rooming house near
  his school. The property manager refuses to rent
  Don a room, saying that he does not rent to
  welfare kids. Has the property manager violated
  Dons human rights?

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Answer

• The manager has violated his rights of
  accommodation on the basis of age and public
  assistance.