The purpose of this policy is to provide a clear outline as to what constitutes Discrimination and/or Harassment at Rebound Total Health and steps to file a complaint.

Rebound Total Health is committed to providing a working environment free of discrimination and/or harassment (inclusive of sexual harassment), where all individuals are treated with respect and dignity, can contribute fully, and have equal opportunities.

·        This policy applies to all team members of Rebound Total Health including directors, full-time, part-time, contractual, permanent and temporary employees, as well as job applicants. 

·        This policy applies to every aspect of the employment/working relationship, including recruitment, selection, promotion, discipline, and performance reviews. 

·        This policy applies to the virtual and in-person office space of Rebound Total Health including meetings, company sanctioned social events, and all forms of electronic communication. 

To complete a Complaint Form: Harassment Complaint Form Here (complete form should be sent to the clinic owner, Brittany Barratt if reporting a harassment complaint)

Rebound Total Health Anti-Discrimination and Harassment Policy

PURPOSE:

Rebound Total Health Holdings Inc., Operating as Rebound Total Health, herein referred to as Rebound Total Health, is committed to providing a working environment free of discrimination and/or harassment (inclusive of sexual harassment), where all individuals are treated with respect and dignity, can contribute fully, and have equal opportunities. 

The purpose of this policy is: 

• to identify the types of behaviour prohibited by this policy

• to provide procedures to follow if  complaints of discrimination or harassment made by leadership or team members of Rebound Total Health arise

• to ensure that all leadership and team members of Rebound Total Health are aware that harassment and discrimination are unacceptable practices incompatible with our company standards, and a violation of the law

• to ensure that Rebound Total Health meets its obligations under the Human Rights Code (“the Code) and the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 (OHSA) to prevent workplace discrimination, and all forms of harassment 

SCOPE: 

This policy applies to all team members of Rebound Total Health including directors,  full-time, part-time, contractual, permanent and temporary employees, as well as job applicants. 

This policy applies to every aspect of the employment/working relationship, including recruitment, selection, promotion, discipline, and performance reviews. 

This policy applies to the virtual and in-person office space of Rebound Total Health , including meetings, company sanctioned social events, and all forms of electronic communication. 

PROHIBITED CONDUCT: 

Rebound Total Health upholds and supports the right to equal treatment without discrimination or harassment. Discrimination and harassment are prohibited by sections 5(1) and 5(2) of the Human Rights Code (“the Code”). This Policy prohibits discrimination or harassment on the basis of the following grounds, and any combination of these grounds: 

• Age

• Creed (includes religion)

• Sex*

• Gender Identity* and Gender Expression*

• Sexual Orientation*

• Family status

• Marital status

• Disability (including mental, physical, developmental or learning disabilities)

• Race

• Ancestry

• Place of origin

• Ethnic origin

• Citizenship

• Colour

• Record of offenses (an offense for which a pardon has been received)

• Association or relationship with a person identified by one of the above grounds

• Perception that one of the grounds applies

* Note that harassment on these grounds have distinct requirements under Ontario Health & Safety Act

Anyone at Rebound Total Health found to have engaged in conduct constituting Code-based discrimination and/or harassment may be subject to disciplinary action, up to and including termination. 

DEFINITIONS OF KEY CONCEPTS:

Discrimination: 

Refers to any form of unequal treatment based on a Code ground, whether imposing extra burdens or denying benefits. It may be intentional or unintentional. It may involve direct actions that are discriminatory on their face, or it may involve rules, practices or procedures that appear neutral, but have the effect of disadvantaging certain groups of people. Discrimination may take obvious forms, or it may occur in 

very subtle ways. In any case, even if there are many factors affecting a decision or action, if discrimination is one factor, that is a violation of this policy. 

Harassment: 

Section 10(1) of the Human Rights Code defines “harassment” as: engaging in a course of vexatious comment or conduct that is known, or ought reasonably to be known, to be unwelcome. It is directed at a person who identifies with the Code grounds listed above. It can involve words or actions that are known or should be known to be offensive, embarrassing, humiliating, demeaning, or unwelcome. 

According to this definition of harassment, more than one event, or a “course of vexatious comment or conduct” must take place for there to be a violation of the Code. However, one incident could be significant or substantial enough to be interpreted as harassment. 

If a person does not explicitly object to harassing behaviour, or appears to be going along with it, this does not mean that the behaviour is okay. The behaviour could still be considered harassment under the Code.

A few common examples of harassment may include, but are not limited to: 

• making remarks, jokes or innuendos related to a person’s race, disability, creed, age, gender, or any other ground;  

• posting or circulating offensive pictures, graffiti or materials, whether in print or via e-mail or other electronic means;  

• singling out a person for humiliating or demeaning “teasing” or jokes because they are a member of a group protected under the Human Rights Code; 

• ridiculing a person because of characteristics that are related to a ground of discrimination. For example, this could include comments about a person’s dress, speech or other practices that may be related to their race, disability, or creed.

Sexual Harassment:

The Ontario Health & Safety Act [subsection 1(1)] defines workplace sexual harassment as: engaging in a course of vexatious comment or conduct against a 

worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be know to be unwelcome. Making a sexual solicitation or advance where the person making it is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome. 

One incident could be interpreted by an individual as having an impact that is substantial enough to create a “poisoned environment”. A key element of harassment is the way in which an individual “perceives” the harassing incident. Therefore, even if the comment or conduct was not intended to be harassment, it may be considered harassment if it has had the effect of unreasonably interfering with the employee’s work performance or creating an intimidating, humiliating, hostile or offensive environment. 

Sexual and gender-based harassment: sexual harassment is a form of harassment that can include:

• Gender-related comments about a person’s physical characteristics or mannerisms

• Paternalism based on gender which a person feels undermines his or her self respect or position of responsibility

• Unwelcome physical contact

• Suggestive or offensive remarks or innuendoes about members of a specific gender

• Propositions of physical intimacy

• Gender-related verbal abuse, threats or taunting

• Leering or inappropriate staring

• Bragging about sexual prowess or questions or discussions about sexual activities

• Offensive jokes or comments of a sexual nature about an employee or client

• Rough and vulgar humour or language related to gender

• Display of sexually offensive pictures, graffiti or other materials including through electronic means

• Demands for dates or sexual favours.

Sexual Solicitation:

This policy prohibits sexual solicitations or advances by any person who is in a position to grant or deny a benefit to the recipient of the solicitation or advance. This includes managers and supervisors, as well as co-workers where one person is in a position to grant or deny a benefit to the other. Reprisals for rejecting such advances or solicitations are also not allowed.

Poisoned Environment:

A poisoned environment is created by comments or conduct (including comments or conduct that are condoned or allowed to continue when brought to the attention of management) that create a discriminatory work environment. The comments or conduct need not be directed at a specific person, and may be from 

any person, regardless of position or status. A single comment or action, if sufficiently serious, may create a poisoned environment.

RESPONSIBILITIES:

All persons present in Rebound Total Health organization are expected to uphold and abide by this policy, refraining from any form of harassment or discrimination, and by cooperating fully in any investigation of a harassment or discrimination complaint. 

Management have the additional responsibility to act immediately on observations or allegations of harassment or discrimination. Managers are responsible for creating and maintaining a harassment- and discrimination-free organization, and should address potential problems before they become serious.

Management are responsible for:

• promoting a harassment-free environment and setting an example of appropriate behaviour in the workplace;

• supporting/communicating the process for investigating and resolving a complaint by a team member;

• dealing with a harassment case immediately after becoming aware of them, whether or not a complaint has been made;

• taking appropriate action during a harassment investigation, including the separation of the parties to the harassment complaint if necessary, and

• ensuring that harassment situations are handled in a sensitive and confidential manner

All team members are responsible for: 

• treating others with respect in the workplace virtual environment and any Rebound Total Health events

• inform your immediate supervisor or the human resources department of any harassment

• collaborating in a harassment investigation and respecting the confidentiality of the investigation process; 

All team members can expect:

• to be treated with respect in the workplace;

• that reported harassment will be dealt with in a timely, confidential and effective manner;

• to have their rights to a fair process and to confidentiality respected during a harassment investigation, and

• to be protected against retaliation for reporting harassment or cooperating with a harassment investigation

REPORTING PROCEDURES: 

How to Report Workplace Harassment:

All persons present in Rebound Total Health can report incidents or complaints of workplace harassment verbally or in writing. When reporting verbally, the reporting contact, along with the person complaining of harassment, will fill out a Harassment Grievance Form. 

The report of the incident should include the following information: 

1. name(s) of the person who has allegedly experienced workplace harassment and contact information

2. name of the alleged harasser(s), position and contact information (if known)

3. names of the witness(es) (if any) or other person(s) with relevant information to provide about the incident (if any) and contact information (if known)

4. details of what happened including date(s), frequency and location(s) of the alleged incident(s) a. Any supporting documents the person who complains of harassment may have in his/her possession that are relevant to the complaint. 

5. list any documents a witness, another person or the alleged harasser may have in their possession that are relevant to the complaint. 

FORM: Harassment Grievance Form    

Who to Report Workplace Harassment To:

An incident or a complaint of workplace harassment should be reported as soon as possible after experiencing or witnessing an incident. This allows the incident to be investigated in a timely manner. 

Clinicians and the Admin Team are encouraged to report any incidents or complaints of workplace harassment to the clinic owner, Brittany Barratt. 

Brittany Barratt shall be notified of the workplace harassment incident or complaint so that they can ensure an investigation is conducted that is appropriate in the circumstances. Depending on the nature of the allegations and the people involved, an external person qualified to conduct a workplace harassment investigation who has knowledge of the relevant workplace harassment laws will be retained to conduct the investigation. 

All incidents or complaints of workplace harassment shall be kept confidential except to the extent necessary to protect all team members, to investigate the complaint or incident, to take corrective action or otherwise as required by law. 

INVESTIGATING COMPLAINTS:

1. Commitment to Investigate: Brittany Barratt will ensure that an investigation appropriate in the circumstances is conducted when Brittany Barrratt becomes aware of an incident of workplace harassment or receives a complaint of workplace harassment. Complaints or incidents of workplace harassment will be investigated in a fair, respectful and timely manner.
   
   

2. Who Will Investigate:

The clinic owner will conduct the investigation into the incident or complaint of workplace harassment. Depending on the allegations and the people involved, the investigation may be referred to an external investigator to conduct an impartial investigation with approval by the owner Brittany Barratt

The investigation must be completed in a timely manner and generally within 90 days or less unless there are extenuating circumstances (i.e. illness, complex investigation) warranting a longer investigation.

4. Investigation Process: 

The person conducting the investigation whether internal or external to the workplace will, at minimum, complete the following: 

1. The investigator must ensure the investigation is kept confidential and identifying information is not disclosed unless necessary to conduct the investigation. The investigator should remind the parties of this confidentiality obligation at the beginning of the investigation. 

1. The investigator must thoroughly interview the team member who allegedly experienced the workplace harassment and the alleged harasser(s), if the alleged harasser is also a team member of Rebound Total Health. If the alleged harasser is not a current team member, the investigator should make reasonable efforts to interview the alleged harasser. 

1. The alleged harasser(s) must be given the opportunity to respond to the specific allegations raised by the complainant. In some circumstances, the person who allegedly experienced workplace harassment should be given a reasonable opportunity to reply.

1. The investigator must interview any relevant witnesses employed by Rebound Total Health who may be identified by either the employee who allegedly experienced the workplace harassment, the alleged harasser(s) or as necessary to conduct a thorough investigation. The investigator must make reasonable efforts to interview any relevant witnesses who are not employed by Rebound Total Health if there are any identified. 

1. The investigator must collect and review any relevant documents. 

1. The investigator must take appropriate notes and statements during interviews with the worker who allegedly experienced workplace harassment, the alleged harasser and any witnesses. 

1. The investigator must prepare a written report summarizing the steps taken during the investigation, the complaint, the allegations of 

1. the person who allegedly experienced the workplace harassment, the response from the alleged harasser, the evidence of any witnesses, and the evidence gathered. The report must set out findings of fact and come to a conclusion about whether workplace harassment was found or not. 

1. The investigator will submit the written report and recommendation for decision for final approval by the owner Brittany Barratt

1. Results of the Investigation: 

Within 10 days of the investigation being completed, the team member or person who allegedly experienced the workplace harassment and the alleged harasser, if he or she is a team member of Rebound Total Health, will be informed in writing of the results of the investigation and any corrective action taken or that will be taken by Rebound Total Health to address workplace harassment. 

1. Confidentiality: 

Information about complaints and incidents shall be kept confidential to the extent possible. Information obtained about an incident or complaint of workplace harassment, including identifying information about any individuals involved, will not be disclosed unless disclosure is necessary to protect the team member, to investigate the complaint or incident, to take corrective action or otherwise as required by law. 

While the investigation is on-going, the person who has allegedly experienced harassment, the alleged harasser(s) and any witnesses should not discuss the incident or complaint or the investigation with each other or other team members or witnesses unless necessary to obtain advice about their rights. The investigator may discuss the investigation and disclose the incident or complaint-related information only as necessary to conduct the investigation. 

All records of the investigation will be kept confidential. 

1. Handling Complaints:

It may be necessary to take interim measures during the investigation, including having persons involved in the investigation to refrain from interaction, or in the case of serious allegations, remain off work. 

If the investigator(s) conclude that the harassment occurred, the harasser may be disciplined, up to and including termination of employment.

RECORD KEEPING:

Information gathered during the investigation and contacts made will be documented and maintained in a confidential file, separate from the employee file, by Brittany Barratt

Brittany Barratt will keep records of the investigation including: 

•  a copy of the complaint or details about the incident; 

• a record of the investigation including notes; 

• a copy of the investigation report (if any);

• a summary of the results of the investigation will be provided to the team member who allegedly experienced the workplace harassment and the alleged harasser, if a team member of the ; 

• a copy of any corrective action taken to address the complaint or incident of workplace harassment.

All records of the investigation will be kept confidential. The investigation documents, including this report should not be disclosed unless necessary to investigate an incident or complaint of workplace harassment, take corrective action or otherwise as required by law. 

For Occupational Health & Safety Act purposes, records must be kept for at least one year from the conclusion of the investigation. No one is to be penalized or disciplined for reporting an incident or for participating in an investigation involving workplace harassment. 

ANNUAL REVIEW AND TRAINING:

Each year (at a minimum), Rebound Total Health will review the policy to reflect changing legislation, or when gaps are identified as a result of an incident or investigation.

A copy of this policy will be accessible to all persons at all times in the google drive. 

REFERENCES:  

• Human Rights Code, R.S.O. 1990, c. H.19  

• Occupational Health and Safety Act, R.S.O. 1990, c. O.1  

• Guide to developing human rights policies and procedures (Ontario Human Rights Committee (OHRC), revised 2013)