Item - 2018.EX34.7

The Executive Committee recommends that:

1.  City Council adopt the amended Human Rights and Anti-Harassment/Discrimination Policy contained in Attachment 1 to the report (April 30, 2018) from the Interim City Manager, which includes minor enhancements to Supervisors/Managers/Directors' responsibilities under the policy to ensure compliance with updated legislative requirements and additional minor clarifications to the definitions of "incivility" and "harassment".

This report analyzes data on harassment and discrimination inquiries/consultations and complaints filed in 2016 by City of Toronto employees and service recipients through the following complaint avenues: (1) the City's (internal) Human Rights Office (HRO); (2) the Human Rights Tribunal of Ontario (HRTO); (3) the City's grievance/arbitration procedures; and (4) the Ministry of Labour. The report discusses complaint trends as well as some activities that were undertaken to advance equity and minimize legislative breaches, penalties and risks to the City.

The following are some of the notable trends from an analysis of the 2016 data:

- The total number of inquiries and complaints filed in 2016 was about the same as in the previous year (Table 1)

- The vast majority of inquiries and complaints continue to be raised through the City's internal Human Rights Office, which administers an alternative dispute resolution process (Table 1)

- There was a notable increase in the number of complaints filed through the grievance arbitration process (Table 1)

- There was an almost 30 percent decrease in the number of complaints filed with the Human Rights Tribunal of Ontario (Table 1)

- As a result of changes to the Occupational Health and Safety Act which came into effect on September 8, 2016, employees who felt the City had not appropriately dealt with their harassment complaint could also file a complaint with the Ministry of Labour (MOL). There was one complaint filed with the Ministry of Labour in 2016 (Table 1)

- City employees filed 98 harassment/discrimination grievances in 2016, most frequently citing workplace harassment (Table 5)

- As in previous years, personal or non-Code harassment, disability, sex and creed/religion were the most often cited complaint grounds raised to the Human Rights Office (Table 3)

- There was a 7 percent  increase in the number of times sex (including pregnancy, breastfeeding, sex harassment) was cited to the Human Rights Office (Table 3)

- Although there was no change in the number of times 'race' was cited as a ground in a complaint or consultation there was an increase of almost threefold in the number of times each of colour, ethnic origin, place of origin and ancestry were cited to the Human Rights Office (Table 3)

- The number of times creed/religion was cited in an Human Rights Office complaint or consultation almost doubled from 2015 to 2016 (Table 3)

- A total of 54 grounds were cited in the 24 applications filed with the Human Rights Tribunal of Ontario by employees and service recipients in 2016. In those applications, disability, ethnic origin, colour, reprisal and race were the most often cited grounds (Table 7)

- There was a 20 percent increase in human rights related training participation

- The City's Human Rights Office remains the most utilised complaint avenue demonstrating that employees and service recipients continue to have confidence in the Human Rights Office. Typically, the advice and/or investigative services provided by the Human Rights Office effectively addresses the issue thereby avoiding resort to adversarial processes.

- The City incurred no penalties or damage awards from any adjudicators charged with addressing harassment and discrimination complaints (i.e., the Human Rights Tribunal of Ontario, grievance arbitrators, the Ministry of Labour, the Ontario Labour Relations Board or a court) in 2016 or in the five preceding years.
 

The City's Human Rights and Anti-Harassment/Discrimination Policy (HRAP) was amended to reflect consultation with the City's Occupational Health and Safety Coordinating Committee. The revised Human Rights and Anti-Harassment/Discrimination Policy attached as Attachment 1 reflects revisions made to bring the policy in line with legislative changes that came into effect on September 8, 2016.

Education remains an important focus of the Human Rights Office. In 2016, particular focus was given to equipping the Toronto Public Service with the skills required to ensure compliance with the City's new legislative obligations. Related activities included amending guidelines for employees and managers and, providing templates, resources and training to staff and management.