Item - 2016.EX17.3
Tracking Status
- City Council adopted this item on October 5, 2016 without amendments and without debate.
- This item was considered by the Executive Committee on September 22, 2016 and adopted without amendment. It will be considered by City Council on October 5, 2016.
EX17.3 - 2015 Annual Human Rights Office Report and Amendments to the Human Rights and Anti-Harassment/Discrimination Policy
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Wards:
- All
City Council Decision
City Council on October 5, 6 and 7, 2016, adopted the following:
1. City Council assign the Integrity Commissioner the duty to receive, assess and refer complaints of harassment/discrimination involving the City Manager, City Clerk and City Solicitor to external consultants, and when appropriate, provide the results of investigations to City Council for action.
2. City Council, adopt the amended Human Rights and Anti-Harassment/Discrimination Policy in Appendix 1 to the report (September 8, 2016) from the City Manager, which includes the new duties for the Integrity Commissioner and complies with the new provincial legislation.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-96116.pdf
EX17.3 - 2015 Annual Human Rights Office Report and Amendments to the Human Rights and Anti-Harassment/Discrimination Policy
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
Committee Recommendations
The Executive Committee recommends that:
1. City Council assign the Integrity Commissioner the duty to receive, assess and refer complaints of harassment/discrimination involving the City Manager, City Clerk and City Solicitor to external consultants, and when appropriate, provide the results of investigations to City Council for action.
2. City Council, adopt the amended Human Rights and Anti-Harassment/Discrimination Policy in Appendix 1 to the report (September 8, 2016) from the City Manager, which includes the new duties for the Integrity Commissioner and complies with the new provincial legislation.
Origin
Summary
This report reviews harassment and discrimination inquiries and complaints filed by City of Toronto employees and service recipients to the City's (internal) Human Rights Office (HRO); the Human Rights Tribunal of Ontario (HRTO); and grievance/arbitration in 2015. The report discusses complaint trends and 2015/16 initiatives to advance equity and minimize legislative breaches and penalties.
Of the 287 complaints received by the HRO in 2015 (Table 1), all but 4 of the complaints raised internally were resolved in 2015. The City's internal human rights and equity approach has again resulted in the City incurring no penalties in 2015 from provincial bodies charged with hearing harassment and discrimination complaints, i.e., the Human Rights Tribunal of Ontario, Arbitration, the Ministry of Labour, the Ontario Labour Relations Board.
Table 1 – Harassment/Discrimination Complaints/Grievances/Applications, 2013 - 2015
Harassment/Discrimination Complaints, Grievances, Applications: |
2013 |
2014 |
2015 |
Complaints filed to the City's HRO by employees and service recipients |
257 |
312 |
287 |
Grievances filed by employees who are members of a Bargaining Unit |
101 |
74 |
73 |
Applications filed to the HRTO by employees and services recipients |
35 |
34 |
34 |
The most often cited complaint grounds raised to the HRO, similar to previous years' complaint patterns, were: workplace harassment, disability, sex and race (Table 3). City employees filed 73 harassment/discrimination grievances in 2015, most frequently citing workplace harassment (Table 5). Complaint trends in the 34 applications filed by service recipients and employees to the HRTO cited disability and race related grounds most often (Table 7).
The City's Human Rights and Anti-Harassment/Discrimination Policy has been amended to reflect changes to the Occupational Health and Safety Act (OHSA) resulting from Bill 132 which expand employee protections and employer obligations regarding workplace and sexual harassment. To ensure compliance respecting complaints involving staff who report directly to City Council, it is proposed that the Integrity Commissioner's role be expanded to receive complaints involving the City Manager, City Clerk and City Solicitor, in order to provide necessary independence. The Integrity Commissioner's mandate currently includes responsibility for addressing harassment and discrimination involving Members of Toronto City Council and Local Board Appointees under the Code of Conduct. The Integrity Commissioner has been consulted and is in agreement with the additional duties articulated in section 3.3 of the Policy (Appendix 1).
To support the ability of the Toronto Public Service to appropriately respond to new OHSA obligations and foster inclusive employment practices and service provision, in 2015 the HRO implemented a sexual harassment campaign entitled "Know the Line"; a resource on Racial Harassment and Discrimination and a guide on Resolving Conflict: Preventing Incivility and Workplace Harassment, as well as supporting the development of Positive Space Toronto to promote an inclusive workplace for LGBTQ2S employees.
In mid-2016 the HRO produced a guideline on Creed Accommodation, which provides advice on how to request and deliver creed-based/religious accommodation under the City's Accommodation Policy. It is the 5th guideline in a series which includes accommodation guidelines on Disability, Family Status, Gender Identity/Gender Expression and Sex which were published in late 2014.
For the remainder of 2016, the HRO will focus on preparing the Toronto Public Service to meet Bill 132 obligations through Policy amendments, communications, presentations and implementation of new resources and training.
Background Information
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-96116.pdf