Workplace Harassment Awareness
In recent years, the #MeToo movement has helped bring attention to and spark the well-needed conversation of an important workplace issue that affects the safety and security of individuals in the workplace. As a result of these conversations, we have begun to see a shift take place in workplace culture, by adding policies and protections where victims of harassment and sexual misconduct are encouraged to come forward and speak out on these issues in an effort to hold wrongdoers accountable.
The reporting of such occurrences in major sports leagues and Hollywood has brought a heightened, but long overdue, awareness, sensitivity and attention to the issues of harassment and misconduct within the workplace. Societal, political and technological responses have led organizations to listen and be more proactive in their approach of reviewing and updating policies, procedures and responses to issues of violence and harassment in the workplace. These changes are aimed at ensuring workplaces are better positioned to prevent and address such issues from taking place. To do this, it requires workplaces to take a proactive approach, by having a plan in place with policies and procedures to implement that prevent such occurrences from taking place. 1
Beyond avoiding the obvious reputational harm, organizations have a legal obligation to provide a safe, non-toxic work environment. 2 The aim is to ensure that all workers are given an equal opportunity to participate in a safe and respectful environment. Failure to do this can attract vicarious liability, bad press and even lawsuits against employers and perpetrators. 3 In order to address these issues and manage risks in the workplace, employers need to have channels of reporting, check systems and appropriate response mechanisms in place to address problems of this nature.
TIPS FOR EMPLOYERS
Being Proactive and Having Preventative Measures In Place to Prevent Workplace Sexual Harassment
1. Leadership & Setting the Tone
Establish a strong commitment from management and from human resources in creating an open and respectful work environment and culture. This can involve ensuring informative resources and training seminars are available to educate all employees on sexual harassment and channels of reporting. Having internal policies that address sexual misconduct and promote a culture of zero tolerance helps set the tone. Providing education and training helps ensure that policies/procedures for reporting are understood by workers, which promotes more awareness and accessibility of such programs and supports.
2. Commitment and Implementation
Ensuring that policies you have in place are being used effectively is key. Ask for feedback from individuals within the investigation processes, to comment on the channels of reporting and response structure. Ensure processes and policies enable timely communication of any issues.
3. Visibility & Accessibility & Awareness
Ensure your policies and procedures are visible and accessible in the workplace. This could be in the form of visual posters, pamphlets, electronic resources or information on company website pages. Periodic check-in sessions with staff to ensure any questions or concerns are answered also helps. This information should be open, transparent and readily accessible for all workers.
4. Reviews & Checks 4
Conduct periodic reviews of the channels of reporting, systems
used, and investigation processes to ensure they are effective.
This is an important step to identifying and correcting any gaps or
flaws.
It is in the best interests of everyone to ensure workplaces are safe, supportive and respectful spaces, where individuals are supported, respected and heard.
If you have more questions related to sexual harassment in the workplace, if you have experienced sexual harassment within the workplace or are an employer wanting to better position yourself in this regard, please visit our website or contact Timothy Gindi at Devry Smith Frank LLP to discuss any questions regarding your rights and options. This blog was co-authored by Student-At-Law Amar Gill.
Footnotes
2 http://www3.ohrc.on.ca/sites/default/files/attachments/Sexual_harassment_in_employment.pdf
3 http://www.ohrc.on.ca/en/sexual-harassment-employment-fact-sheet
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
