Prevention of workplace harassment and discrimination

1. Statements of principle

All OSM personnel are entitled to respect, the safeguard of their dignity and protection of their physical and psychological well-being. All persons, including third parties doing business with the OSM, must subscribe to these values to ensure that these policy objectives are respected.

Achievement of the OSM’s commitment depends on the respect, cooperation and understanding of all OSM personnel in their interpersonal relations and in their interactions with third parties (such as visitors, consultants, suppliers of goods or services) dealing with the OSM.

All persons, without exception, must comply with this policy, which is based on the principle that harassment and discrimination in the workplace constitute serious violations of personal dignity and status of those who are subjected to it.

2. Scope of application

The OSM is committed to preventing harassment and discrimination in the workplace and to providing for all OSM personnel (employees, management and non-management staff, volunteers, unionized and non-unionized workers, full- or part-time staff and, for the purposes of this policy, musicians and other contract personnel (including guest artists and supernumeraries) and Board members), a workplace that is free from harassment and discrimination based on race, colour, gender, gender identity or expression, pregnancy, sexual orientation, civil status, age (except as permitted by law), religion, political convictions, language, ethnic or national origin, social condition, handicap or use of any means to palliate a handicap.

toilets, meal and rest areas, and other places where OSM personnel are required to be in the course of, or in connection with, their work, during or outside normal working hours.

3. Definitions

Harassment takes several forms. Generally, harassment is defined as a series of repeated acts that are unwanted by the victim and offensive or harmful to him or her. However, a single serious harmful act may also constitute harassment. Harassment can be verbal, non-verbal or physical. Abuse of power or abuse of authority can also amount to harassment under this policy.

Psychological harassment

Psychological harassment is vexatious behaviour that manifests itself in the form of conduct, verbal comments, actions or gestures. The conduct must be characterized by the following four criteria:

• It must be repeated;
• It must be hostile or unwanted;
• It must adversely affect the person’s dignity or psychological or physical integrity;
• It must result in a harmful work environment for the person subjected to the harassment

*A single serious incidence of such behaviour that has a lasting harmful effect on any OSM personnel may also constitute psychological harassment

The following are examples of psychological harassment:

• threats, intimidation,reprisals, aggressive behaviour;
• mockery, name-calling, insults, jokes;
• posting photos or circulating humiliating, offensive, degrading documents;
• verbal comments, actions, gestures of a sexual nature (see sexual harassment);
• deliberately playing one’s instrument in an inappropriate manner;
• any of the above behaviour relating to any of the grounds of discrimination set out in this policy, such as race, colour, gender, sexual orientation or religion.

*The legitimate exercise of a management right does not constitute psychological harassment.

Sexual harassment

Sexual harassment, incorporated in the legislative definition of psychological harassment, includes, without limitation, unwanted sexual advances, demands for sexual favours, conduct in the form of verbal comments, actions or gestures of a sexual nature that are likely to undermine the dignity or psychological or physical well-being of the person affected where:

1. The continued employment of that person is conditional on submission to such conduct, or job-related consequences depend on submission to such conduct; or

2. The conduct creates an intimidating, hostile or offensive work environment.

*A single serious incidence of such conduct may constitute sexual harassment if it undermines personnel member’s dignity or psychological or physical well-being and has a lasting harmful effect on him or her.

The following are examples of sexual harassment:

• suggestive sexual gestures;
• unwanted sexual advances or propositions;
• demands for sexual favours;
• posting of humiliating and/or degrading photos or drawings of a sexual nature;
• touching, remarks, insults, jokes or comments of a sexual nature that undermine a person’s dignity

Discrimination

Any distinction, exclusion or preference based on race, colour, sex, gender identity or expression, pregnancy, sexual orientation, civil status, age (except as provided by law), religion, political convictions, language, ethnic or national origin, social condition, a handicap or the use of any means to palliate a handicap constitutes discrimination when it has the effect of nullifying or depriving any OSM personnel of full and equal recognition and exercise of his or her human rights and freedoms.

4. Complaints

Any personnel member who considers that his or her rights have been violated should try to inform the alleged perpetrator of the harassment or discrimination that such conduct is unacceptable and must stop.

A victim who fears reprisalsfollowing such an initiative should discuss the matter with his or herimmediate superior or another superior.

If the victim is uncomfortable initiating a discussion with the alleged perpetrator of the harassment or discrimination or with a superior, the victim should contact Human Resources, which will then take the necessary steps in an attempt to resolve the situation and to assess the temporary or longer-term support and follow-up measures that may be required.

5. Plaintes

A personnel member who wishes to report harassment or discrimination by another personnel member or by a third party with whom the affected personnel member has work-related dealings, may do so directly either internally or to his or her union.

A complaint filed internally must be in writing and forwarded to Human Resources within two (2) years of the last incident of harassment or discrimination. The complaint must set forth all relevant dates, describe the facts, provide the name of the alleged perpetrator of the harassment or discrimination and the names of any witnesses.

Upon receipt of a written complaint, Human Resources must review the situation diligently and impartially, decide if the complaint is admissible and, if appropriate, initiate an investigation (or designate a competent and responsible external person to assess the complaint and/or conduct an investigation) making sure that the rights of everyone involved are respected.

The designated person will draft a confidential analytical report (or a confidential investigation report in the case of an investigation), stating the findings regarding the complaint and submit the report to the Human Resources department, together with an offer of mediation, if appropriate. Mediation is voluntary and must be agreed to by all the parties involved. An analytical or investigation report is a confidential document, and the persons involved (the complainant and the alleged perpetrator of the harassment or discrimination) will be informed of the findings only.

If it is determined that an investigation is appropriate, it must be conducted swiftly. The persons involved will be informed of their rights including the right to be accompanied by an observer of their choice (other than a witness) in all meetings with the investigator.

The alleged perpetrator (also called the Respondent) will receive a summary of the allegations being investigated so that he or she can prepare for the meeting with the investigator. The persons involved may each identify witnesses. All meetings will be on an individual basis.

All complaints will be treated with discretion and everyone involved must respect confidentiality. However, certain personal information may be disclosed, to the extent necessary for the purpose of addressing a reported situation.

The persons involved in an investigation and the witnesses, will be required to sign a written undertaking to respect confidentiality and to refrain from discussing the facts, the complaint or the process, except as authorized by law or for the purpose of consulting counsel of their choice, if required.

If there is a finding of harassment or discrimination, Human Resources will inform the perpetrator’s superior of that fact and of the recommended administrative and/or disciplinary measures, which, depending on the context and seriousness of the offense, could include dismissal. Where the perpetrator is a third party, the sanction could well be termination of that party’s contract with the OSM.

Personnel members who, in good faith, avail themselves of the policy and witnesses who, in good faith, cooperate in the complaints handling process are protected against reprisals that may be taken against them because they acted under the policy or cooperated. However, if a complaint is found to be frivolous and made in bad faith, it will be regarded as a violation of this policy and will be sanctioned by a disciplinary measure that could include dismissal.

6. Other recourses

The complaints procedure under this policy does not preclude resorting to other legal remedies to seek reparation.

Any OSM personnel claiming to be a victim of harassment may also use EAP services for consultation and support

7. Prevention, raising awareness and training

The OSM is committed to developing a program of mandatory activities designed to prevent, raise awareness and provide training on workplace harassment and discrimination.

8. Responsibilities

All OSM personnel and third parties doing business with the OSM must maintain and promote standards of conduct that reflect this policy. Management personnel and executives must set an example. Compliance with this policy is essential and compulsory for all.

The OSM must ensure that this policy is disseminated to all persons covered by it.

9. OSM Intervention

Even if a complaint in writing has not been made, the OSM will intervene if it has reasonable grounds to believe that the Policy has been contravened.

10. Review and dissemination of the policy

The OSM will ensure that this policy is reviewed as required and that all OSM personnel and third parties dealing with the OSM are familiar with, fully understand, and comply with the policy.