YUFA
Collective Agreement
2001-2003
Article 3
Non-discrimination
3.01
The parties agree that there shall be no discrimination, harassment, interference, restriction, or coercion exercised or practised with respect to any employee in any matter by reason of race, creed, colour, age, sex, marital status, family relationship, number of dependents, nationality, ancestry, place of origin, place of residence, political or religious affiliation or beliefs, sexual preference or orientation, nonconforming personal behaviour, disability, nor by reason of membership or non-membership in the Association, nor previous or impending exclusion from the bargaining unit, nor lawful activity or lack of activity in the Association. "Non-conforming personal or social behaviour" shall not include failure to conform to the terms of this Agreement or to carry out the duties and responsibilities stipulated herein.
3.02
(a) The parties also agree, however, that no employee and no officer of the University shall take part in formal procedures, discussions, or vote with regard to the determination of the terms and conditions of employment which apply specifically to a member of his/her immediate family.
(b) Where the Association apprehends that a conflict exists contrary to the provisions of (a), it may notify the Employer in writing. Upon receipt of such notice, the Employer shall indicate in writing within 10 days, its understanding of the situation and any measures it believes are necessary to ensure that 3.02 (a) is respected. If the Association is not satisfied with the written response, it may refer the matter to the JCOAA for further consideration.
Harassment
3.03
The parties further acknowledge that any member of the York University community who uses the authority of his/her position or role within the university to harass others, sexually or otherwise, is committing an abuse of authority that seriously impairs the "climate of freedom and responsibility" provided for in Article 1.
3.04
The Parties to this Agreement are committed to maintaining a working environment that is free from discrimination and harassment. Consequently the Parties do not condone behaviour that is contrary to the Ontario Human Rights Code or Article 3. Further the parties do not condone reprisals, retaliation or threats of reprisals against employees who pursues their rights under this Agreement not to be discriminated against or harassed contrary to the Ontario Human Rights Code Code or Article 3.
Behaviour which is contrary to the Ontario Human Rights Code and Article 3 may include:
(a) Offensive words or actions by a person(s) who knows or ought reasonably to know that such words or actions demean, belittle and/or cause humiliation to an individual(s) on the basis of a prohibited ground.
(b) Unwanted attention of a sexually oriented nature made by a person(s) who knows or ought reasonably to know that such attention is unwanted.
(c) Clearly expressed or implied promises of reward for complying with sexually oriented requests or advances.
(d) Clearly expressed or implied threats of reprisal, actual reprisals, or the denial of an opportunity which would otherwise be granted or available, for refusal to comply with a sexually oriented request or advance.
[See also Appendix Q]