Staff Report #3
February 26, 2025
To All Commissioners
Re: 2024 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 and Anti-Discrimination) and Mutual Respect in the Workplace address the Commission’s expectations of employees and public members who utilize London Transit services.
The respective policies and written procedures outline the complaint procedure and investigation/decision-making process, and provide the complainant with the opportunity to appeal decisions to a higher level. These policies and related procedures have been reviewed with all current employees and are incorporated into the Onboarding Program for all new employees.
In 2024, London Transit launched an updated version of its Human Rights, Mutual Respect, and Diversity training, which is being rolled out to all employees. This training includes an overview of London Transit’s enhanced internal investigation process, emphasizing that all Mutual Respect or Human Rights concerns are now directed to a single management investigator – the Specialist Workplace Investigator. This individual, possessing the necessary skills and expertise, is responsible for managing all workplace investigations. The updated approach has proven highly effective, fostering a more focused and proactive investigation process, reducing completion times, and providing employees with a clear point of contact for addressing their concerns. The purpose of retraining all employees is to reinforce London Transit’s expectations as outlined in each respective policy, ensuring continued alignment with organizational standards. In 2024, 27% of all employees received the updated training, with ongoing delivery into 2025.
Summaries of the complaints and investigations related to the above-noted policies for 2021-2024 are set out below, noting that 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
All alleged human rights complaints received are investigated in a manner consistent with the policy and associated procedures. If the complaint is received from a bargaining unit employee, the requisite investigation will be completed jointly between the Specialist Workplace Investigator and an ATU Local 741 Union Executive member appointed by the ATU Local 741 President, per the Collective Agreement. The final investigation report, including findings and recommendations, is subject to the department’s Director’s concurrence.
The following table summarizes all human rights complaints received in each of the years 2021 through 2024. 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.
| Summary Human Rights Complaints 2021-2024 | |||
| Year | Internal | External | Total |
| 2021 | 7 | 19 | 26 |
| 2022 | 14 | 24 | 38 |
| 2023 | 16 | 21 | 37 |
| 2024 | 18 | 22 | 40 |
| Total | 55 | 86 | 141 |
| % Alloc Total (Overall) | 39% | 61% | 100% |
As the table indicates, the total complaints filed have remained relatively consistent since 2022. In addition, the table highlights that external complaints continue to constitute the majority of the total complaints, although internal complaints have been steadily increasing.
It is important to recognize that one of the key objectives of the respective policies and procedure updates implemented in recent years was to enhance employee approachability with the process. Therefore, the increase in the number of complaints is both expected and welcomed. Furthermore, the introduction of the Specialist Workplace Investigator in late 2022, coupled with updated training in progress, ensures employees are well-versed in London Transit’s policies and procedures while fostering a greater sense of security and confidence in raising concerns, resulting in more timely and effective resolutions for all parties involved.
The respective policy and Ontario Human Rights Code prohibit discrimination on protected grounds. A detailed analysis of the grounds and subject of the complaints offers valuable insight into any trends that may be developing. Of the 141 Human Rights complaints filed over the past four years, the following provides a breakdown of the basis of the alleged violations:
- 54% identified ancestry, colour, race or citizenship;
- 33% identified disability;
- 8% identified gender identity or gender; and
- 4% identified other categories, including age, marital status, family status, etc.
While complaints received over the period have typically been based on a singular protected ground, 2024 saw numerous complaint allegations involving multiple protected grounds. Notably, the number of complaints related to ancestry, colour, race, or citizenship remained high, as they accounted for more than half of the total complaints in 2024.
With respect to the investigation outcomes of the total 141 complaints filed over the four years:
- 37% were deemed to be a violation of the Human Rights and Diversity Policy (Anti-Harassment, Anti-Sexual and Anti-Discrimination;
- 28% were deemed to be unfounded but with action required relating to other London Transit policy/procedure violations; and
- 34% were deemed to be unfounded, with no further action required
In 28% of all complaints filed, there was no violation of the Human Rights and Diversity Policy (Anti-Harassment, Anti-Sexual Harassment, and Anti-Discrimination); however, the complainant did receive inadequate customer service, not up to the employer’s expectations.
Breaking down the complaints between those filed internally versus externally also provides insight into the interactions leading to complaints. Of the total 55 internal complaints filed over the four years:
- 64% stemmed from a customer’s treatment towards employees
- 31% stemmed from employees filing complaints against co-workers; and
- 5% stemmed from employees filing complaints against members of management/administration.
Over the last few years, there has been an upward trend of negative interactions directed towards our Operators from customers of the service. London Transit continues to grow as a diverse workforce that reflects the community. Steps continue to be taken to combat these types of negative interactions for employees. As discussed in prior reports, and most recently per Staff Report #3, dated October 30, 2024, the “Expect Respect” campaign was rolled out in November 2024 with onboard communications that clearly articulates the expectation of respectful behaviour of all parties with further reference that any form of discrimination or harassment will not be tolerated. Violations of the respective policies can result in the removal of services from those that violate these respective policies.
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 Specialist Workplace Investigator receives complaints and takes the necessary steps to investigate same. If the complaint is received from a bargaining unit employee, a joint investigation is undertaken between the Specialist Workplace Investigator and 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’s Director’s concurrence.
London Transit conducts an annual review of all Mutual Respect complaints received and related investigations into the same in an effort to identify any trends that may be occurring. The chart below summarizes the total number of Mutual Respect complaints received each year over the four-year period from 2021 through 2024.
Summary Mutual Respect Complaints 2021 to 2024
| Year | Complaints |
| 2021 | 15 |
| 2022 | 14 |
| 2023 | 15 |
| 2024 | 19 |
| Total | 63 |
Consistent with the Human Rights and Diversity complaint commentary earlier in this report, the introduction of the Specialist Workplace Investigator position and related process was anticipated to have made employees more comfortable in bringing forward issues and resolving matters in a more timely and effective manner for all.
The distribution of the 63 internal complaints filed by London Transit employees between departments over the four year is consistent with the complement levels in each department, and as such, no concerns have been identified with any department trending higher than another. In terms of the investigative determinations for the 63 complaints filed:
- 41% resulted in corrective action being taken;
- 9% resulted in a recommendation for additional training and/or there were findings of employer expectations; and
- 50% resulted in the determination of the allegation being unfounded.
Over the last few years, the complexity of Mutual Respect in the Workplace complaints has increased, requiring, at times, more extensive investigation and, where warranted, a deeper analysis of the potential root causes for the complaints. As discussed above per Staff Report #3, dated October 30, 2024, the “Expect Respect” campaign also rolled out a campaign to encourage respect amongst all employees and to remind all employees of expectations. Further, where corrective action was implemented, in most cases, it also involved enhanced mandatory training for those involved.
Next Steps
This report will be summarized and shared with all employees through internal communication protocols.
Recommended by:
Kristan Timmermans, Specialist Workplace Investigator
Joanne Galloway, Director of Human Resources
Concurred in by:
Kelly S. Paleczny, General Manager