Commitment 

Fleming College is committed to providing inclusive, barrier-free employment that is free from discrimination as required under the College’s Harassment and Discrimination Prevention and Response Policy, the Ontario Human Rights Code (the “Code”) and the Accessibility for Ontario Act (“AODA”).  

The College has a legal duty to accommodate in employment, services and housing. Accommodation can be based on any Code ground. However, accommodation usually involves needs linked to disability, beliefs and practices related to a person’s creed or religion, family status or gender. The College will fulfil its duty to accommodate to the point of undue hardship by exploring accommodation for employees who request it based on the prohibited grounds in the Code.  

It’s important to note that employees are not entitled to their preferred accommodation, but only to reasonable accommodation that meets their needs. The type of accommodation that is appropriate in any given scenario is based on a variety of factors. The process is collaborative, employees must provide sufficient information so the College can make an informed decision about appropriate accommodation.  

Protected Grounds 

• Age 
• Ancestry, colour, race 
• Citizenship 
• Ethnic origin 
• Place of origin 
• Creed  
• Disability 
• Family Status 
• Marital Status (including single status) 
• Gender identity, gender expression 
• Receipt of public assistance (in housing only) 
• Record of offences (in employment only) 
• Sex (including pregnancy and breastfeeding) 
• Sexual orientation  

Protected Social Areas 

• Accommodation (housing) 
• Contracts 
• Employment 
• Goods, services and facilities  
• Membership in unions, trade or professional associations 

Family Status 

Under the Code “Family Status” is defined as “the status of being in a parent and child relationship.” This can also mean a parent and child “type” of relationship, embracing a range of circumstances without blood or adoptive ties but with similar relationships of care, responsibility and commitment.  

“Parent” includes any person acting in the position of parent to a child, including biological, adoptive, foster, stepparents, legal guardians, or even a friend or family member who has taken responsibility for the care of a child whose parent(s) is not able to raise the child. An adult child who is responsible for the care of a parent (e.g., providing elder care) is also in a relationship that is included in the definition of family status.  

Examples of accommodations based on family status:  

• Changing work shifts 
• Flexible start time/altered work hours 
• Unpaid leave of absence where paid leave provisions have been exhausted 

If you have a request for accommodation based on family status, please complete a Non-Disability Related Accommodation Request Form. You can then send the form via e-mail to your manager who will contact the appropriate human resources representative to facilitate the accommodation process. Should you have any questions or need assistance or would prefer not to speak directly with your manager, please reach out to your union representative or you can submit your form directly to humanrights@flemingcollege.ca.

Following a request, if approved, a Non-Disability Individual Accommodation Plan will be completed and signed off by the employee, manager and the appropriate human resources representative.

The College also has a range of supports available to help employees manage work/life balance and family responsibilities: 

Employee Assistance Program  

• The Employee Assistance Program is offered through TELUS Health. TELUS Health provides professional, confidential support services including counselling, programs for help with common life issues and resources to employees and members of their immediate families. TELUS Health offers solutions for a wide range of life’s challenges including child and elder care. Employee Assistance Program (EAP) | Human Resources Department (flemingcollege.ca) 

Reduced Workload 

• The College has procedures for employees who wish to request a reduced workload to ensure that his/her request is considered in an equitable, appropriate and consistent manner. For the procedure that pertains directly to your employee group visit Employee Groups | Human Resources Department (flemingcollege.ca) 

Family Caregiver Leave 

• Unpaid, job-protected leave of up to eight weeks per calendar year per specific family member. It may be taken to provide care or support to family members. 
• For more information, please visit the Government of Ontario information site and/or refer to the terms of your Collective Agreement. Family caregiver leave | Your guide to the Employment Standards Act | ontario.ca 

Family Medical Leave 

• Unpaid, job-protected leave of up to 28 weeks in a 52-week period. It may be taken to provide care or support to family members in respect of whom a qualified health practitioner has issued a certificate indicating that they have a serious medical condition with a significant risk of death within a period of 26 weeks.  
• For more information, please visit the Government of Ontario information site and/or refer to the terms of your Collective Agreement. Family medical leave | Your guide to the Employment Standards Act | ontario.ca 

Family Responsibility Leave 

• Under the Employment Standards Act employees are entitled to up to three days of unpaid job-protected leave per calendar year because of an illness, injury, medical emergency or urgent matter relating to a family member.  
• The College provides up to five days of unpaid job-protected leave per calendar year to care for members of the employee’s immediate family when they are ill. 
• For more information, please visit the Government of Ontario information site and/or refer to the terms of your Collective Agreement.  Family responsibility leave | Your guide to the Employment Standards Act | ontario.ca 

Leave of Absence 

• Leave of absence with or without pay may be granted by the College for legitimate personal reasons. For the procedure that pertains directly to your employee group visit Employee Groups | Human Resources Department (flemingcollege.ca) 

Creed  

The Code doesn’t define Creed, but the courts and tribunals have often referred to religious beliefs and practices. Creed may also include non-religious belief systems that, like religion, substantially influence a person’s identity, worldview and way of life.  

A creed:  

• Is sincerely, freely and deeply held 
• Is integrally linked to a person’s identity, self-definition and fulfilment 
• Is a particular and comprehensive, overarching system of belief that governs one’s conduct and practices 
• Addresses ultimate questions of human existence, including ideas about life, purpose, death, and the existence or non-existence of a Creator and/or a higher or different order of existence 
• Has some “nexus” or connection to an organization or community that professes a shared system of belief. 

 Examples of Accommodations based on Creed: 

• Time off for creed-based days of significance 
• Ritual/prayer observances 
• Muti-faith prayer/reflection room 

If you have a request for accommodation based on creed, please complete a Non-Disability Related Accommodation Request Form. You can then send the form to your manager who will contact the appropriate human resources representative to facilitate the accommodation process. Should you have any questions or need assistance or would prefer not to speak directly with your manager, please reach out to your union representative or you can submit your form directly to humanrights@flemingcollege.ca.

Following a request, if approved, a Non-Disability Individual Accommodation Plan will be completed and signed off by the employee, manager and the appropriate human resources representative.

Gender Identity and Gender Expression 

Under the Code, discrimination and harassment because of gender identity or gender expression is against the law. Everyone should be able to have the same opportunities and benefits and be treated with equal dignity and respect including transgender, transsexual and intersex persons, cross-dressers, and other people whose gender identity or expression is, or is seen to be, different from their birth sex. 

Examples of Accommodations based on Gender Identity or Gender Expression: 

• Correct use of pronouns 
• Name and gender title changes 
• Washroom access that corresponds to expressed gender identity 

If you have a request for accommodation based on gender identity or gender expression, please complete a Non-Disability Related Accommodation Request Form. You can then send the form to your manager who will  contact the appropriate human resources representative to facilitate the accommodation process. Should you have any questions or need assistance or would prefer not to speak directly with your manager, please reach out to your union representative or you can submit your form directly to humanrights@flemingcollege.ca.

Following a request, if approved, a Non-Disability Individual Accommodation Plan will be completed and signed off by the employee, manager and the appropriate human resources representative.

Sex and Pregnancy 

The Code does not specifically define the ground of “sex,” but the Ontario Human Rights Commission considers it to be related to a person’s biological sex, male or female. Men and women receive equal protection under this ground. The ground of “sex” also includes a broader notion of “gender,” which can be described as the social characteristics attributed to each sex. 

 The Code protects men and women from harassment and discrimination, including assumptions about their abilities that result from stereotypes about how men and women “should” behave, dress or interact. The right to equal treatment without discrimination because of sex also applies to pregnancy. 

 Examples of Accommodations based on Sex and/or Pregnancy: 

• Flexible hours  
• Private space for breastfeeding or expressing milk 
• Extra washroom breaks 

If you have a request for accommodation based on sex and/or pregnancy, please complete a Non-Disability Related Accommodation Request Form. You can send then send the form to your manager who will contact the appropriate human resources representative to facilitate the accommodation process. Should you have any questions or need assistance or would prefer not to speak directly with your manager, please reach out to your union representative or you can submit your form directly to humanrights@flemingcollege.ca.

Following a request, if approved, a Non-Disability Individual Accommodation Plan will be completed and signed off by the employee, manager and the appropriate human resources representative.

Disability  

The Code protects people from discrimination and harassment because of past, present, and perceived disabilities. “Disability” covers a broad range and degree of conditions, some visible and some not visible. A disability may have been present from birth, caused by an accident, or developed over time.  

There are physical, mental, and learning disabilities, mental disorders, hearing or vision disabilities, epilepsy, mental health disabilities and addictions, environmental sensitivities, and other conditions.  

The College is committed to making every effort to provide accommodation to employees in their efforts to return to work after an illness or injury and/or who require workplace accommodation due to disability. For more information on medical accommodations and our policy on Return-to-Work please visit Return to Work/Medical Accommodation | Human Resources Department (flemingcollege.ca)