Complaint form respect for the person

Psychological, sexual or discriminatory harassment: vexatious conduct manifested by repeated behaviors, words, acts or gestures that are hostile or unwanted, which undermines the psychological or physical dignity or integrity of the person and which results in a harmful work environment for the person.

A single serious conduct may also constitute harassment if it causes such harm and produces a continuous harmful effect on the person. This concept corresponds to psychological harassment within the meaning of the Act respecting labour standards and to discriminatory harassment when the conduct is manifested because of one of the grounds listed in section 10 of the Charter of human rights and freedoms of Québec, including sexual harassment;

Discrimination: A distinction, exclusion or preference based on the characteristics protected by section 10 of the Quebec Charter of Human Rights and Freedoms (CQLR, c. C-12) (race, colour, sex, gender identity or expression, pregnancy, sexual orientation, civil status, age, except to the extent provided by law, religion, political beliefs, language, ethnic or national origin, social condition, disability or use of a means to palliate a disability) and having the effect of destroying or compromising the right to the recognition and exercise, in full equality, of the rights and freedoms of the person. A distinction, exclusion or preference based on the skills or qualities required for a job is deemed non-discriminatory. Discrimination, as recognized by case law, may be direct, indirect or systemic. Discrimination is unlawful when it is not justified within the meaning of the Quebec Charter of Human Rights and Freedoms (CQLR, c. C-12);

Systemic discrimination: The sum of disproportionate exclusionary effects resulting from the combined effect of attitudes marked by prejudices and stereotypes, often unconscious, and policies and practices generally adopted without taking into account the characteristics of the members of groups targeted by the prohibition of discrimination. This definition must be adapted according to its general legal acceptance;

What is not psychological harassment:

• Disagreement of interest, value or opinion.
• Disagreement on the distribution of tasks or responsibilities.
• Management rights: distribution of tasks, day-to-day management of work performance, management of attendance and absenteeism, management of discipline, dismissal, dismissal.

What is not discrimination:

• Distinction based on a person's merit or ability.
• The actions, words or acts complained of do not target you personally.
• The exclusion, distinction or preference has not caused you any harm or disadvantage.

At this stage, you must list all the incidents that are part of your complaint, in a precise and concise manner. For each allegation (incident), you must answer the following questions:

1. Allegation number
2. Date and location (specify the date(s) and location(s) of this incident)
3. Witnesses
4. Proof (letter, email, text message, photos, recording or other) / Attach the proof to the submission
5. Allegation (what happened, facts/actions/words) and impact on you (how you felt, the consequences, the harm)

For statistical purposes only, the Commission confidentially compiles demographic data of individuals who use its services. You may complete the following fields on a voluntary basis.

¹ Although “race” does not exist biologically, racialization is a social and historical construct that has real effects for certain individuals and groups, and this, in various spheres where discrimination can be reproduced.

I declare that the information provided in this form is, to the best of my knowledge, true and I ask the City of Montreal to take the necessary steps to help me resolve this situation.

I understand and accept that the Commission de la fonction publique de Montréal (CFPM) team may disclose certain information to third parties, to the extent that this is necessary for the purposes of processing the file (or the measures resulting from it) or for purposes authorized by law or by the Respect for the Person Policy.

I understand that by filing this complaint, the persons identified as the accused will be informed of the allegations filed against them in order to obtain their version of the facts. I also understand that the witnesses indicated in this complaint may be met in order to corroborate certain facts.

By signing this document, I undertake to cooperate and act in good faith. I agree to disclose all information as well as relevant documents.

I undertake to respect the confidentiality rules required throughout the investigation and dispute resolution process. By this undertaking, I agree not to discuss this file with people who are not responsible for intervening in it. In the event of non-compliance with this undertaking, administrative and/or disciplinary measures may be taken.

It does not constitute a breach of confidentiality to speak with a support person or any other person acting in support and advice, or to meet the representative designated by a party to act on their behalf in the context of a legal appeal. This exception cannot be used as a reason for lifting confidentiality in mediation.