DISCRIMINATION
Please note that USJE recommends that harassment grievances be folded into Discrimination grievances, as long as the Harassment is based on prohibited grounds.
Discrimination – Duty to Accommodate
I grieve that my employer has discriminated against me and/or has failed to accommodate me to the point of undue hardship which is in contravention of Article 19 (Article 16 for EB) – No discrimination of my collective agreement and the Canadian Human Rights Act as well as the Treasury Board and the Employer’s Policies on the Duty to Accommodate.
Corrective action:
That the Employer cease discriminating against me on the basis of ________ (insert grounds you are claiming);
That the Employer fulfill its duty to accommodate by accommodating my medical restrictions and limitations (if applicable);
That I be compensated for all losses, including pay and benefits, as well as any lost wages and any additional expenses that may result from this situation;
That the Employer cease the discriminatory practice and take measures to redress the practice and/or to prevent the same or similar practice from occurring in the future;
That the Employer make available to me the rights, opportunities and privileges that are being or were denied as a result of such practice. This includes, but is not limited to, the right to accommodation (if applicable);
That I be compensated $20,000, or such other sum deemed appropriate, for pain and suffering experienced as a result of the discriminatory practice;
That I be compensated $20,000, or such other sum deemed appropriate, as compensation for my Employer’s willful and reckless engagement in the discriminatory practice;
That the filing of this grievance will not prejudice me in any future dealings with my employer;
That any tax implications resulting from this grievance be the responsibility of the employer; and
That I be made whole.
Discrimination – Harassment
I grieve that my employer has discriminated against me in is in contravention of Article 19 (Article 16 for EB) – No discrimination of my collective agreement and the Canadian Human Rights Act by not providing me with a harassment-free workplace.
Corrective action:
That the Employer cease discriminating against me on the basis of ________ (insert grounds you are claiming);
That the Employer fulfill its duty to accommodate by accommodating my medical restrictions and limitations (if applicable);
That I be compensated for all losses, including pay and benefits, as well as any lost wages and any additional expenses that may result from this situation;
That the Employer cease the discriminatory practice and take measures to redress the practice and/or to prevent the same or similar practice from occurring in the future;
That the Employer make available to me the rights, opportunities and privileges that are being or were denied as a result of such practice. This includes, but is not limited to, the right to accommodation (if applicable);
That I be compensated $20,000, or such other sum deemed appropriate, for pain and suffering experienced as a result of the discriminatory practice;
That I be compensated $20,000, or such other sum deemed appropriate, as compensation for my Employer’s willful and reckless engagement in the discriminatory practice;
That the filing of this grievance will not prejudice me in any future dealings with my employer;
That any tax implications resulting from this grievance be the responsibility of the employer; and
That I be made whole.
*The above language can and should be used for all discrimination-related grievances. The only changes required would be the grounds that the grievor is being discriminated against ( human rights ground(s) ). This language should also be used for harassment-type grievances with the subtle changes noted. It should be noted that personal harassment is not adjudicable, which means that the grievance process stops at the third level and cannot be sent forward to arbitration.