By Jeff Mignault - AugmentHR Consulting
Director, Customer Experience
Workplace harassment is a serious issue. The holidays are considered a dangerous time for harassment to happen because of the heightened stress of this time of year and the increased number of social gatherings and interactions between co-workers.
Two things I’ve learned about workplace harassment in my 15 years working in HR outsourcing management:
One, all organizations - big or small - should have a well-defined and robust workplace harassment policy that clearly outlines employee expectations.
Two, even with good policies in place, incidents still happen and managing harassment complaints is stressful for all parties involved. It could lead to legal issues and negatively affect company culture. Employers are legally obligated to take steps to prevent workplace harassment from happening.
So, with that in mind, we’ll cover on what you need to make sure you’re covered on Workplace Harassment in the least stressful way possible including:
Harassment is against the law. Workplace harassment comes in many forms. It is unwanted or inappropriate actions, comments, or gestures that offend others. It can be a single occurrence of ongoing behaviour.
Harassment refers to experiencing unwelcome verbal or physical behaviour that is connected to grounds of discrimination prohibited by law under the Charter of Human Rights and Freedoms.
According to Part II of the
Canada Labour Code:
“any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment.”
Workplace harassment takes on many forms. The four most common are sexual, racial, psychological and physical harassment. Below are examples of these different types of harassment:
Sexual harassment is any unwelcome behaviour of a sexual nature, including comments, actions, or gestures. Examples include:
Racial harassment is conduct or comment which causes humiliation to an employee because of their racial or ethnic background. Examples include:
Psychological harassment is repeated and unwelcome conduct, words, actions, or gestures that harm a person's dignity or psychological well-being. Examples include:
Workplace violence is the exercise, statement, or behaviour of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. Examples include:
Workplace harassment can happen in many locations. It doesn't have to happen physically at your place of work to qualify. Here are common areas where workplace harassment occurs:
One of the biggest challenges with workplace harassment is many people choose not to speak up when it happens. It's a sensitive subject and many worry about the outcome of reporting it. The graphic here shows too many reasons people choose not to report it:
Everyone has a responsibility to help stop harassment at work. Expectations for what you are expected to do depend on your role in the organization:
Employers: Ensure the company and employees comply with all anti-harassment policies and laws.
Manager: Help to protect workers from experiencing harassment from other employees, leaders and anyone causing harassment.
Employer: It’s an employee's duty to report harassment if they are a victim. Employees are also encouraged to report harassment if they witness it in the workplace.
When each person does their duty, organizations can reduce and/or eliminate harassment.
When was the last time you did an internal review of your harassment policy? It's important to perform a review annually to ensure all documentation is up to date with current laws.
Review your workplace violence and harassment policies to make sure that they address the following points:
Also, look at the workplace investigations. Update written procedures to assist the individual(s) and make the procedure available in the harassment policy:
Finally, consider how to balance the privacy rights of employees – how information is to be obtained and disclosed and how the employee and the alleged harasser are to be informed of the results of the investigation.
Consider having a third party audit your harassment policy. AugmentHR HR consulting experts can provide the expert guidance your organization needs to successfully implement a robust harassment policy that meets all federal, provincial, and local employment regulations.
AugmentHR has extensive experience working with client companies that face the difficult and sensitive issue of a formal harassment complaint. Learn about our
Investigation Services.
Jeff Mignault has spent 15 years working in the HR outsourcing industry. With a passion for building client relationships based on communication and satisfaction, he leads AugmentHR’s Business Development and Client Experience.
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