Staff Report #1
February 23, 2022
To All Commissioners
Re: 2021 Mutual Respect/Human Rights Summary Report
Recommendation
The report be NOTED and FILED.
Background
The London Transit Commission policies on Human Rights and Diversity (Anti-Harassment, Anti-Sexual Harassment & Anti-Discrimination) and Mutual Respect in the Workplace address the Commission’s expectations of employees and the members of the public that utilize London Transit services. The respective policies and associated written procedures outline the complaint procedure, investigation process and decision-making process, including the option to appeal decisions reached to a higher level. These policies and related procedures have been reviewed with all current employees and are incorporated into the orientation-training program for all new employees.
In August 2020, the newly revised Human Rights and Diversity Policy (Anti-Harassment, Anti-Sexual Harassment & Anti-Discrimination) and Mutual Respect in the Workplace Policy and Complaint Procedures were rolled out. The rollout included re-writing and distributing the London Transit’s Employee Handbook (General Overview Information Policies and Procedures), distribution of brochures in employee paystubs, posters, and communications on internal screens.
All employees were targeted to receive the Human Rights and Diversity (Anti-Harassment, Anti-Sexual Harassment & Anti-Discrimination) and Mutual Respect in the Workplace training by the end of the year 2021. Given the fluctuating employee resource pool associated with varying service levels during the pandemic, Human Resources was able to deliver the training to all active employees in 2020.
Human Resources completes an assessment in the first quarter of each year, comparing year-over-year trends relating to these policies and related complaints filed and investigated. The annual assessment identifies critical trends and issues that require focus going forward and those requiring specific initiatives to be undertaken to reverse and/or slow the rate of troubling trends.
Summaries of the complaints and investigations related to both of the above-noted policies for the years 2018-2021 are set out below, noting the information provided is summarized at a level high enough to ensure privacy for all parties involved in the complaint and investigation processes.
Human Rights Complaint Process Summary
The Director of Human Resources or designate (Manager of Human Resources) investigates all alleged Human Rights complaints received. The respective department Director of the involved parties is advised accordingly. If the complaint is received from a bargaining unit employee, the Director of Human Resources or designate will investigate the matter with an ATU Local 741 Union Executive member appointed by the ATU Local 741 President. The final investigation report, including findings and any recommendations, is subject to the department Director’s concurrence.
The following chart provides a summary of Human Rights complaints received in each of the years 2018 through 2021. The internal complaint column represents those claims filed by a London Transit employee, and the external complaint column represents those filed by a member of the public. Both categories also include any complaints filed directly with the Ontario Human Rights Tribunal.
Summary of Human Rights Complaints – 2018 to 2021
| Year | Complaints | ||
| Internal | External | Total | |
| 2018 | 3 | 13 | 16 |
| 2019 | 10 | 14 | 24 |
| 2020 | 10 | 11 | 21 |
| 2021 | 7 | 19 | 26 |
| Total | 30 | 57 | 87 |
| Percent | 34% | 66% | 100% |
In 2021 there was an increase in external complaints filed which was directly tied to the evolving pandemic restrictions in relation to medical issues and masking requirements. The following provides additional information based on the total number of complaints (87) received over the four year period 2018 through 2021. The approach of providing commentary in aggregate is done to ensure the privacy of those who have filed complaints, recognizing the relatively small numbers in any given year.
- Within the four year period, there were 30 internal complaints filed by London Transit employees, broken down as follows:
- 44% stemmed from a customers’ treatment towards Operators relating to ancestry, colour, race, citizenship, ethnic origin, place of origin or creed;
- 43% stemmed from employees filing complaints against co-workers; and
- 13% stemmed from employees filing complaints against members of management.
- Within the four year period, 57 complaints were filed by members of the public. There remains one external complaint that was filed directly with the Ontario Human Rights Tribunal pre-2018, which remains outstanding.
- The respective policy and Ontario Human Rights Code prohibit discrimination on protected grounds. Of the 87 complaints over the four years, they fall under the following grounds (shown as groupings to ensure confidentiality is maintained)
- 43% Ancestry, Colour, Race, Citizenship, Ethnic Origin, Place of Origin, Creed;
- 44% Disability;
- 9% Gender Identify, Gender Expression, Sexual Orientation, Sex; and
- 5% Other (age, Family Status, Marital Status, Receipt of public assistance, Record of Offense).
- Investigators were able to make a determination of “Conclusive Findings” in 95% of the complaints, meaning that London Transit was able to substantiate the facts presented by the parties based on the balance of probabilities.
- With Respect to Investigation findings, 54% of complaints were found not to violate London Transit’s Human Rights and Diversity Policy (Anti-Harassment, Anti-Sexual Harassment & Anti-Discrimination). Of significance, 22% of the complaints where no violation of the Human Rights policy was found still necessitated some form of corrective action. In these cases, the actions of the Respondent violated other London Transit policies and/or procedures.
In 2021, administration completed an organizational review on London Transit’s internal investigation process. The current investigative process has Human Resources dealing with alleged policy violations of Human Rights and Diversity (Anti-Harassment, Anti-Sexual Harassment & Anti-Discrimination) and respective departments dealing with alleged policy violations of Mutual Respect in the Workplace. The organizational review found that a singular management investigator with skill and experience in the respective area would more effectively deal with these types of alleged violations and take a more focused proactive approach to reducing same. As such, a new position was created, the position will be responsible for the management of the investigation process from receipt to resolution for complaints of workplace harassment, discrimination, violence, and mutual Respect. This includes managing intake, triage, performing complainant, respondent and witness interviews, writing the investigation report and completing recommendation reports. Recruitment is underway for same.
Mutual Respect Complaint Process Summary
Mutual Respect investigations cover a broad range of issues, from minor interpersonal conflicts to more serious issues, such as privacy and/or harassment breaches. The department Manager designate investigates alleged Mutual Respect complaints received. The respective department Director of the involved parties is advised accordingly. If the complaint is received from a bargaining unit employee, the department Manager or designate will investigate the matter with an ATU Local 741 Union Executive member appointed by the ATU Local 741 President. The final investigation report, including findings and any recommendations, is subject to the department Director’s concurrence.
London Transit conducts an annual review of all Mutual Respect complaints received and related investigations into same. The chart below provides a summary of the total number of Mutual Respect complaints received each year over the four year period 2018 through 2021.
Summary Mutual Respect Complaints 2018 to 2021
| Year | Complaints |
| 2018 | 10 |
| 2019 | 11 |
| 2020 | 9 |
| 2021 | 15 |
| Total | 45 |
The following provides additional information on the total number of complaints (45) received over the four year period. This aggregate approach ensures the privacy of those who have filed complaints, recognizing the relatively small numbers in each given year.
- The total of 45 internal complaints filed by LTC employees and are broken down as follows:
- 71% filed by Operations employees
- 18% filed by Fleet and Facilities employees
- 11% filed by Administrative employees
- Investigators were able to make a determination of “Conclusive Findings” in 93% of the cases, meaning that London Transit was able to substantiate the facts presented by the parties based on the balance of probabilities.
- 55% of those investigations with conclusive findings resulted in either corrective (42%) or other (13%) action being taken (i.e. retrain, policy review), demonstrating that the London Transit takes non-compliance with the Mutual Respect in the Workplace Policy seriously.
As noted above, the investigative procedure will be modified in that the new management investigator will be responsible for dealing with alleged policy violations of Mutual Respect in the Workplace.
Next steps
This report will be summarized and shared with all employees consistent with recommendations stemming from the third-party review completed in 2019.
Recommended by:
Julie Hall, Manager of Human Resources
Joanne Galloway, Director of Human Resources
Concurred in by:
Kelly S. Paleczny, General Manager