22. HARASSMENT

Harassment is conduct focused on a person or group of persons including, but not limited to: physical or verbal abuse, unwelcome activity of a sexual nature, and retaliation; as well as any behaviour or action which interferes with an individual’s ability to perform assignments or which creates a hostile or intimidating work environment.
The following, though not all-inclusive, is a list of various types of harassment.
1. Verbal Abuse - any language that degrades or berates others, including, but not limited to, racial, religious, or sexual comments, jokes, sexual innuendoes, or threats of any kind.
2. Physical Abuse - includes touching, hitting, slamming, throwing, kicking, or threatening another person, including restraining by force or blocking the path of another.
3. Interference or Hostile Environment - any behaviour or action which interferes with an employee’s ability to perform work assignments or which results in or creates a hostile or intimidating work environment.
4. Sexual Harassment - includes, but is not limited to, sexual advances, requests for sexual acts or favours and other physical conduct of a sexual nature when:
(a) Submission to such conduct is made either explicitly or implied as a term or condition of an individual’s employment;
(b) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or
(c) Such conduct is severe and pervasive, and has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.
5. Retaliation - any adverse action or threat of adverse action taken or made because an individual has exercised or attempted to exercise any rights under state or federal employment laws or under the policies of the Company. Retaliation includes, but is not limited to:
(a) Verbal abuse;
(b) Threats of withholding or withdrawal of pay, promotions, training or other employment opportunities.
In addition to the above forms of harassment, any behaviour or action which interferes with an individual’s ability to perform job duties or which results in or creates a hostile or intimidating work environment is considered harassment.
Company will not tolerate the discrimination or harassment of employees and/or applicants. Comments, conduct, off-colour jokes and innuendoes that may be perceived as offensive or harassing are strictly prohibited and will not be tolerated.
In addition, Company will not tolerate the harassment of Company personnel by non-Company personnel on Company premises. Non-Company personnel include, but are not limited to, customers, vendors, guests and regulators.
Any employee who feels he/she is the victim of discrimination or harassment has a responsibility to report this to the supervisor or other managerial personnel. Reporting of the incident should be made verbally or in writing to the managerial personnel or the employee’s direct supervisor immediately. A written complaint should include the specific nature of the incident, date and place of incident, names of all parties involved as well as a detailed report of all pertinent facts. Complaints of harassment will be promptly and carefully investigated. Investigations will include interviews with all relevant persons, including the accused and other potential witnesses.
Any employee, who, in good faith, files a complaint of harassment will be free from any and all reprisal or retaliation as a result of filing the complaint. Investigators will make every effort to strike a balance between the parties’ desires for privacy and the need to conduct a fair and effective investigation.
Engagement in behaviour deemed harassment shall subject an employee to disciplinary action up to and including termination. Likewise, there will be disciplinary measures if in fact it is determined that the incident and thus the accusation were fabricated.