DISCRIMINATION

Please note that USJE recommends that harassment grievances be folded into Discrimination grievances, as long as the Harassment is based on prohibited grounds.

Discrimination – Duty to Accommodate

I grieve that my employer has discriminated against me and/or has failed to accommodate me to the point of undue hardship which is in contravention of Article 19 – No discrimination of my collective agreement and the Canadian Human Rights Act as well as the Treasury Board and the Employer’s Policies on the Duty to Accommodate.

Corrective action:

That the Employer cease discriminating against me on the basis of ________ (insert grounds you are claiming);

That the Employer fulfill its duty to accommodate by accommodating my medical restrictions and limitations (if applicable);

That I be compensated for all losses, including pay and benefits, as well as any lost wages and any additional expenses that may result from this situation;

That the Employer cease the discriminatory practice and take measures to redress the practice and/or to prevent the same or similar practice from occurring in the future;

That the Employer make available to me the rights, opportunities and privileges that are being or were denied as a result of such practice. This includes, but is not limited to, the right to accommodation (if applicable);

That I be compensated $20,000, or such other sum deemed appropriate, for pain and suffering experienced as a result of the discriminatory practice;

That I be $20,000, or such other sum deemed appropriate, as compensation for my Employer’s willful and reckless engagement in the discriminatory practice;

That the filing of this grievance will not prejudice me in any future dealings with my employer;

That any tax implications resulting from this grievance be the responsibility of the employer; and

That I be made whole.

Discrimination – Harassment

I grieve that my employer has discriminated against me in is in contravention of Article 19 – No discrimination of my collective agreement and the Canadian Human Rights Act by not providing me with a harassment-free workplace.

Corrective action:

That the Employer cease discriminating against me on the basis of ________ (insert grounds you are claiming);

That the Employer fulfill its duty to accommodate by accommodating my medical restrictions and limitations (if applicable);

That I be compensated for all losses, including pay and benefits, as well as any lost wages and any additional expenses that may result from this situation;

That the Employer cease the discriminatory practice and take measures to redress the practice and/or to prevent the same or similar practice from occurring in the future;

That the Employer make available to me the rights, opportunities and privileges that are being or were denied as a result of such practice. This includes, but is not limited to, the right to accommodation (if applicable);

That I be compensated $20,000, or such other sum deemed appropriate, for pain and suffering experienced as a result of the discriminatory practice;

That I be $20,000, or such other sum deemed appropriate, as compensation for my Employer’s willful and reckless engagement in the discriminatory practice;

That the filing of this grievance will not prejudice me in any future dealings with my employer;

That any tax implications resulting from this grievance be the responsibility of the employer; and

That I be made whole.

*The above language can and should be used for all discrimination-related grievances. The only changes required would be the grounds that the grievor is being discriminated against ( human rights ground(s) ). This language should also be used for harassment-type grievances with the subtle changes noted. It should be noted that personal harassment is not adjudicable, which means that the grievance process stops at the third level and cannot be sent forward to arbitration.

Personal Harassment

I grieve the Employer’s ongoing failure to provide me with a harassment-free workplace, contrary to Article __________ of my Collective Agreement, any other relevant articles of the Collective Agreement, policy, and legislation. I further grieve that the Employer has failed to address known instances of harassment and bullying, failed to follow internal policies to address, remedy, and prevent further incidents from occurring.

*Please note that in the PA, SV and TC Collective Agreements this is Article 22 and the EB Collective Agreement this is Article 34

Corrective Action:

A declaration that the Employer has violated the Collective Agreement;

That the Employer immediately cease such violations, and ensure that similar violations do not occur in future;

That the Employer provide me with a safe and harassment-free environment forthwith;

That the Employer require and provide, at its expense, training to management and staff to prevent and address bullying, personal harassment, and toxic work environments;

That the Employer engage the services of a facilitator or mediator, approved by the Union, to address the toxic workplace and the issues between myself and the Respondent;

That I be reimbursed any leave use and/or expenses incurred as a result of the harassment and bullying, as applicable, up to the time the issue is resolved;

That the I be made whole in all regards;

Any other remedy deemed appropriate to ensure an equitable, just and fair resolution of this matter.