Workplace Harassment

1. Workplace
Harassment
Policy &
Procedure
Updates

2. Road Map
 Bill 132 & updates on Workplace Harassment
 Expanded definition of Workplace Harassment
 New Policy/Program Requirements
 Duty to Investigate
 External Investigators
 Review of Employee Rights and Obligations
 Examples of Harassment in the Workplace
 Review updates to D380 (Workplace Harassment
Policy/Procedure)

3. WHAT IS BILL 132?
 Bill 132, the Sexual Violence and Harassment Action Plan Act
(Supporting Survivors and Challenging Sexual Violence and
Harassment)
 Includes amendments to, among other things, the Ontario
Occupational Health and Safety Act
 Amendments focus on:
 Harassment policies; and
 An employer’s duty to investigate incidents/complaints of
harassment

4. WHY DO WE NEED BILL 132?
 in 4 Canadians (28%) report having been sexually harassed at
work.
 1 in 7 Canadians (14%) report having been subjected to
unwanted sexual contact at work.
 4 in 5 of the Canadians who indicated that they have been
sexually harassed or subjected to unwanted sexual contact did
not report to their employer.
 21 per cent of that group said that they did not report the incident
because they did not think that their employer would respond
well.
 1 in 4 who did report the incident to their employer found them to
be “unresponsive and dismissive”.

5. 1) Expanded Definition of Workplace
Harassment
 Expanded under Bill 132 to include “workplace sexual
harassment”.
 “Workplace harassment” means,
 (a) engaging in a course of vexatious comment or
conduct against a worker in a workplace that is known or
ought reasonably to be known to be unwelcome, or
 (b) workplace sexual harassment (amendments
underlined)

6. 1) Expanded Definition of Workplace
Harassment Continued….
“Workplace sexual harassment” means:
 (a) engaging in a course of vexatious comment or conduct
against a worker in a workplace because of sex, sexual
orientation, gender identity or gender expression, where the
course of comment or conduct is known or ought reasonably to
be known to be unwelcome, or
 (b) making a sexual solicitation or advance where the person
making the solicitation or advance is in a position to confer, grant
or deny a benefit or advancement to the worker and the person
knows or ought reasonably to know that the solicitation or
advance is unwelcome.

7. Test for “known or ought reasonably to be
known…”
The reference to comment or conduct "that is known or ought
reasonably to be known to be unwelcome" means that there
are two parts to the test for harassment.
1) we have to consider if the person carrying out the
harassment knew how their behaviour would be received.
2) we must consider how someone else would generally feel
about the behaviour – this can help us think from the
perspective of a person who is being harassed.

8. 2) New Policy/Program Requirements
The workplace harassment
program must:
Formal Investigations may take
place when:
 Be developed in
consultation with the
health and safety
committee or
representative (if one
exists);
 Be reviewed on an annual
basis (at least); and
 Be in writing
 Measures to report workplace harassment to
someone other than the employer or supervisor
if that person is the alleged harasser
 How incidents and complaints will be
investigated and dealt with
 How information related to incident or complaint
of workplace harassment will not be disclosed
unless necessary
 Requirement and mechanism to ensure that
complainant and alleged harasser will be
informed in writing of the results of investigation
and any corrective action that follows
 How information will be kept confidential unless
disclosed for the purpose of the investigation

9. 3) Duty to Investigate
What is an “incident”?
According to the Code of Practice, “[a]n employer must
ensure that an investigation appropriate in the circumstances
is conducted when”:
 1) the employer or supervisor becomes aware of the
incident of workplace harassment by the worker who
allegedly experience it or another worker; or
 2) a complaint, whether in writing or verbal, of workplace
harassment is made to the employer.

10. 3) Duty to Investigate continued…
The Code of Practice sets out seven (7) steps that an employer
must “at a minimum” complete as part of their investigation:
 1. Maintain confidentiality; inform parties of confidentiality
requirements.
 2. Interview the complainant and the alleged harasser.
 3. Give the alleged harasser an opportunity to respond to
specific allegations and the worker an opportunity to reply.
 4. Separately interview any relevant witnesses.
 5. Collect and review relevant documents.
 6. Take appropriate notes and statements during interviews.
 7. Prepare written report of investigation, including, finding of
fact.

11. 4) External Investigators: Inspector Orders
According to section 55.3(1) of OHSA:
“An inspector may in writing order an employer to cause an
investigation described in clause 32.0.7(1)(a) to be conducted,
at the expense of the employer, by an impartial person
possessing such knowledge, experience or qualifications as
are specified by the inspector and to obtain, at the expense of
the employer, a written report by that person

12. 5) Employee Duties & Rights
1. Follow policies & procedures for
Harassment & Model Behaviour that
shows:
 Respect for people
 Fairness
 Courtesy
 Honest feedback
 Acceptance of different working
styles
 Openness to change
 Integrity
 Leadership/Responsibility
Harassment is a complex matter.
What one person considers as
proper behaviour, another may
perceive to be harassment.
In many cases, the lines are not
sharply defined. Education,
conversations, reflection and
awareness of basic human
values are the beginning.
The test is in how we treat one
another in our daily interactions.
Often, what is needed is
simple, basic decency.

13. 5) Employee Duties & Rights Continued….
2. Speak to the Offender:
 Tell the offender to stop the
behaviour. In many cases, when
the offender is aware that his/her
conduct is unwelcome and will not
be tolerated, he/she stops and the
complaint is resolved
 If the alleged harasser is your
supervisor, then report the
allegation to the supervisor’s next
level manager, or the Human
Resources Manager
3. Submit a Written Statement:
 If the behavior does not stop, or if
you are uncomfortable speaking
directly to the alleged harasser, you
should submit a written (or verbal)
statement to your Supervisor
 This information will be discussed in
an initial meeting with your
Supervisor You may be interviewed
by the HR Manager and your
Supervisor to provide information or
to further clarify your statement.

14. 5) Employee Duties & Rights Continued….
Based on the findings:
 The HR Manager will present his/her
recommended corrective action to the
Executive Director (ED).
 The ED will act as the final decision
maker and will ensure that the
appropriate action is carried out in
accordance with this policy and the
Collective Agreement
 The worker-complainant and the
alleged harasser will be informed in
writing of investigation results and of
any corrective action taken.
If you are not satisfied with the
outcome…
the Ministry of Labour Inspectors have
the authority to:
a. Order the Employer to have an
impartial person conduct the
investigation into a report of
harassment at the Employers’ expense
b. Specify the qualifications of the
impartial investigator
c. Require the Employer to obtain a
written report from the investigator

15. “Live” Examples – let’s get real!

16. Examples of Workplace Harassment
Repeated or one single severe event
 Yelling at the person; threatening;
prohibiting the person from speaking
to others.
 Unwanted sexual advances which
may or may not be accompanied by
threats or explicit or implicit promises.
 Making rude, degrading or offensive
remarks, gestures that seek to
intimidate.
 Engaging in reprisals for having made
a complaint under this Policy.
 Discrediting the person by spreading
malicious gossip or rumours,
ridiculing, humiliating, calling into
question private life
 Name calling in private or in front
of others.
 Isolating the person by no longer
talking to him or her, denying or
ignoring his or her presence,
distancing him or her from others.
 Destabilizing the person by making
fun of his or her beliefs, values,
political and/or religious choices,
and mocking his or her weak
points.
 Harassing a person based on a
prohibited ground of discrimination
(as described in Canadian Human
Rights Act and contained in the
Policy).

17. Forms of Sexual Harassment
May include:
 sexual solicitation and advances (your teacher
asks for sex in exchange for a passing grade)
 a poisoned environment (pornographic images in
the workplace)
 gender-based harassment (targeting someone for
not following sex-role stereotypes)
 violence (if inappropriate sexual behaviour is not
dealt with, it may move to more serious forms,
including sexual assault and other violence).

18. Gender- Based Harassment (sub-type of sexual
harassment)
What is gender-based harassment?
 It is only one type of sexual
harassment
 It is “any behaviour that polices and
reinforces traditional heterosexual
gender norms”
 It is often used to get people to follow
traditional sex stereotypes (dominant
males, subservient females).
 It is also used as a bullying tactic,
often between members of the same
sex.
 Unlike some other forms of sexual
harassment, gender-based
harassment is not generally motivated
by sexual interest or intent.
 often based on hostility and is often
an attempt to make the target feel
unwelcome
 may look the same as harassment
based on sexual orientation, or
homophobic bullying
 With the addition of the new
grounds of “gender expression”
and “gender identity” to the Code,
many claims alleging gender-
based harassment may also cite
discrimination and/or harassment
based on gender expression.

19. Examples of Sexual & Gender-based Harassment
 demanding hugs, invading personal
space
 making unnecessary physical
contact, including unwanted
touching, etc.
 using language that puts someone
down and/or comments toward
women (or men, in some cases),
sex-specific derogatory names
 leering or inappropriate staring
 making gender-related comments
about someone’s physical
characteristics or mannerisms
 treating someone badly because
they don’t conform with sex-role
stereotypes
 showing or sending pornography,
sexual pictures or images
 sexual jokes, including passing
around written sexual jokes
 rough & vulgar humour or language
related to gender
 using sexual or gender-related
comment or conduct to bully
someone
 spreading sexual rumours

20. Examples of Sexual & Gender-based Harassment
Continued….
 making suggestive or offensive
comments or hints about members
of a specific gender
 making sexual propositions
 verbally abusing, threatening or
taunting someone based on gender
 bragging about sexual prowess
 demanding dates or sexual favours
 asking questions or talking about
sexual activities
 making threats to penalize or
otherwise punish a person who
refuses to comply with sexual
advances (known as reprisal).

21. Review of Updates to D380: Workplace Harassment &
Bullying Policy and Procedure