Resource: Shaping Organizational Excellence · Spring/Summer 2018 · 9
Handling #MeToo at Work
Christine Ashton
T
he serious concern about workplace harassment has resonated on a widespread basis. Employers are now expected to be more sensitive to the issue, and will be called to task for failing to properly prevent and respond when harassment occurs in the workplace. Employees are also becoming more aware of their expanding rights and more confident in reporting concerns. Indeed, after Bill 132 came into effect in September 2016, expanding the definition of harassment to specifically include sexual harassment, the Ministry of Labour saw a 136% increase in harassment complaints (from 903 to 2,133).
employers in Ontario. The policy and procedures should clearly set out the employer’s commitment to fight harassment and that everyone plays an important role in preventing and responding to harassment.
Who receives the complaint? Is there a formal form used to file a complaint? Is it okay to try to resolve things without a complaint? All of these questions should be answered by the policy and complementing procedures.
Employers must be committed to providing a safe and welcome environment for all employees. It is important to keep a watchful eye on workplace interactions and culture. An easy way to help ensure that the workplace has a healthy culture is through a company policy. In fact, such a policy and the complementing procedures are legally required for all provincially regulated
The procedures should explain the investigation process while giving the employer some flexibility, as no two complaints are alike. For one complaint, the employer may wish for an internal person to handle the investigation, while for another complaint, the employer may desire an outside investigator to be retained. Also, some investigations may need to come to an abrupt end due to parallel criminal proceedings. The goal is to ensure that all employees know what is expected of them and what is to be expected if there is an investigation. Employees should have guidance when asking themselves: “Is it okay to make a few dirty jokes about a new assistant if she laughs too?” Further, employees should know what to do if there has been an incident.
Even if it has been made clear that harassment will not be tolerated, and even if supervisors are alert to the signs, unfortunately harassment can still occur. When workplace harassment or sexual harassment has possibly occurred, employers must ensure that the concern is properly investigated. The first steps in the investigation process are to determine who will be investigating the matter and what (if any) workplace changes need to be implemented during the investigation. Employers should be mindful not to assume they know what will make the complainant feel safe and welcome during the investigation. Communication is the key to having a positive workplace investigation. All too often Continued on next page...
