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Preventing Sexual Harassment in the Workplace Doing Our Duty Preventing Sexual Harassment in the Workplace Table of Contents

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Preventing Sexual Harassment in the Workplace Doing Our Duty Preventing Sexual Harassment in the Workplace Table of Contents Doing Our Duty Preventing Sexual Harassment In The Workplace Doing Our Duty Preventing Sexual Harassment In The Workplace Table of Contents 04 Introduction 06 What is Sexual Harassment? 08 What are the legal duties of employers in preventing sexual harassment and addressing complaints? 10 How prevalent is sexual harassment in the workplace? 14 What steps can organizations take to combat sexual harassment in the workplace? 17 Are public institutions doing enough? 22 Conclusion 01 Introduction 4 DOING OUR DUTY | PREVENTING SEXUAL HARASSMENT IN THE WORKPLACE WORKPLACE SEXUAL HARASSMENT POLICIES IN ONTARIO 82% 16% of Ontario workplaces include sexual of Ontario workplaces have a separate harassment and sexual assault in their stand-alone policy for sexual general workplace harassment policy. harassment and sexual assault. HE #METOO AND #TIMESUP MOVEMENTS have an ocial workplace HAVE PUT AN INTENSE SPOTLIGHT ON 96% harassment policy in place. believe the instances of THE ISSUE OF SEXUAL HARASSMENT sexual harassment in their T 53% industry is about average. IN RECENT MONTHS. NEWS STORIES have witnessed an employee being sexually harassed FROM THE POLITICAL, MEDIA, ENTERTAINMENT, AND 17% at work. BUSINESS SECTORS HAVE EXPOSED THE DARK REALITY THAT SEXUAL HARASSMENT IN THE WORKPLACE IS FOUR-IN-FIVE CANADIANS SAID THEY HAD UNWANTED EXPERIENCES AT WORK, AN EPIDEMIC THAT HAS BEEN ALLOWED TO PERSIST. AND DIDN’T REPORT IT TO THEIR EMPLOYERS. GIVEN THESE RECENT TRENDS, BY THE END OF 2018, IT WHAT DO THE EMPLOYEES’ RESPONSE IS LIKELY THAT EVERY INDUSTRY WILL BE IMPACTED BY EXECUTIVES SAY? ON MANAGEMENT’S RESPONSE THE #METOO MOVEMENT. AS A RESULT, ORGANIZATIONS ARE NOW UNDER IMMENSE PRESSURE TO LOOK AT 94% 70% THEIR OWN POLICIES AND PROCEDURES AND TAKE A believe that sexual harassment believe senior management isn’t a problem in their workplace. is responsive to sexual harassment policy ZERO-TOLERANCE APPROACH TO THIS BEHAVIOUR. reccomendations. THIS, HOWEVER, IS NOT AS EASY AS IT SOUNDS, GIVEN THERE ARE SO MANY DIFFERENT DEFINITIONS OF SEXUAL HARASSMENT AROUND THE WORLD. 93% 24% believe they have a corporate believe management is responsive, culture that prevents but recommendations aren’t sexual harassment. always implemented. To properly adjust to the shifting culture, employers must first understand how Canadian law defines sexual harassment and ensure this is the definition they adhere to. It is also important – though difficult in this time of change – to keep 43% WORKPLACE HARASSMENT 12% attuned to cultural norms as well. Behaviour does not have to WOMEN BY THE NUMBERS MEN meet the legal definition of sexual harassment to be seen as HAVE BEEN SEXUALLY HARASSED OR ASSAULTED AT WORK. unacceptable by the public, and public attitudes about what SEXUAL HARASSMENT ACROSS THE INDUSTRIES behaviour is unacceptable are shifting more quickly than the law can keep up with. With that knowledge in hand, the next step CLAIMS ARE HIGHER IN TRADITIONALLY MALE-DOMINATED is to evaluate how prevalent this issue is in the workplace, and INDUSTRIES. what steps can be taken to address it. Using a literature review and the findings of a survey of 996 WOMEN ARE ALSO MORE LIKELY TO EXPERIENCE SEXUAL HARASSMENT AT WORK WHEN HRPA members conducted online from February 18-28, 2018, THEY’RE SEEN AS SUBSERVIENT this paper examines what the Canadian definition of sexual OR ARE ISOLATED. harassment is, and what the legal duties of employers are CANADIAN PUBLIC SECTOR IN HOT WATER to help prevent sexual harassment and address complaints. It then explores how prevalent sexual harassment is in the workplace, if public institutions are doing enough, and makes a series of recommendations on what steps organizations THE RCMP, CBC, POST SECONDARY INSTITUTIONS, AND THE CANADIAN MILITARY HAVE and the government can do to combat sexual harassment in ALL BEEN ACCUSED OF MISHANDLING SEXUAL HARASSMENT AND ASSAULT CASES. the workplace. THE BOTTOM LINE AMONG THE MOST IMPORTANT SIGNALS THAT ORGANIZATIONS CAN SEND TO THEIR EMPLOYEES IS THROUGH THE CREATION OF A STAND-ALONE SEXUAL HARASSMENT POLICY IN THE WORKPLACE AS WELL AS MANDATORY TRAINING TO GO WITH IT. THAT’S WHY HRPA MUST CREATE A CULTURE OF ZERO TOLERANCE TOWARDS SEXUAL HARASSMENT. TRUSTED, ACCESSIBLE COMPLAINT PROCEDURES REGULAR, INTERACTIVE AND TAILORED TRAINING CONSISTENT ACCOUNTABILITY STRONG HARASSMENT POLICIES DOING OURCOMMITTED DUTY | PREVENTING AND ENGAGED SEXUAL HARASSMENT IN THE WORKPLACE 5 LEADERSHIP 02 What is Sexual Harassment? 6 DOING OUR DUTY | PREVENTING SEXUAL HARASSMENT IN THE WORKPLACE The Canada Labour Code defines sexual harassment as any conduct, comment, gesture, or contact of a sexual nature that is likely to cause offence or humiliation to any employee; or that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion. SOURCE: HTTPS://WWW.CANADA.CA/EN/EMPLOYMENT-SOCIAL-DEVELOPMENT/SERVICES/LABOUR-STANDARDS/REPORTS/SEXUAL-HARASSMENT.HTML NLIKE SEXUAL ASSAULT, SEXUAL HARASSMENT IS NOT A CRIMINAL OFFENCE IN SEXUAL HARASSMENT U CANADA, AND SOME COULD ARGUE THAT AS CAN INCLUDE: A RESULT, IT HISTORICALLY HAS NOT BEEN TREATED AS SERIOUSLY FROM A LEGAL STANDPOINT. SEXUAL HARASSMENT IS ALSO DIFFICULT TO CLEARLY • Making unnecessary physical contact, including DEFINE, AND IT HAS NOT RECEIVED THE SPOTLIGHT THAT unwanted touching (e.g. demanding hugs or WORKPLACE BULLYING HAS RECEIVED IN THE PAST FEW stroking someone’s hair) YEARS. HOWEVER, THIS HAS DRAMATICALLY CHANGED IN • Invading personal space RECENT MONTHS. • Using language that puts someone down because of their sex, sexual orientation, gender Canada’s definition of sexual harassment is much more identity or gender expression rigorous than those of other jurisdictions. In the United • Using sex-specific derogatory names, States, there is no statutory law banning sexual harassment. homophobic/transphobic epithets, slurs or jokes. Sexual harassment is governed by the U.S. Equal Employment • Leering or inappropriate staring Opportunity Commission (EEOC), which defines sexual • Targeting someone for not following sex-role harassment as “Unwelcome sexual advances, requests for stereotypes (e.g. comments made to a female for sexual favours, and other verbal or physical conduct of a sexual being in a position of authority) nature … when this conduct explicitly or implicitly affects an • Showing or sending pornography, sexual images, individual’s employment, unreasonably interferes with an etc. (e.g. pinning up an image of a naked man in individual’s work performance, or creates an intimidating, the bathroom) hostile, or offensive work environment.”1 • Making sexual jokes, including forwarding sexual jokes by email Other jurisdictions set an even higher bar for something to • Rough or vulgar language related to gender aka be considered “sexual harassment.” In France, for example, ‘locker-room talk’ the penal code says that “no employee can be penalized nor • Spreading sexual rumours, “outing” or dismissed for having submitted or refusing to submit to acts threatening to “out” someone who is LGBTQ2S of harassment of any person whose goal is to obtain favors (e.g. sending an email to colleagues about of a sexual nature for his own benefit or for the benefit of a an affair between a supervisor and another third party.” Not only does this definition of harassment set employee) a higher bar than the Canada Labour Code, but it focuses on • Sexually propositioning a person or bragging ensuring that employees are not punished for being the victims about sexual prowess of harassment, rather than focusing on punishing harassers or • Demanding dates or sexual favours protecting victims – this is a somewhat retrograde stance by SOURCE: HTTPS://WWW.TORONTO.CA/WP-CONTENT/UPLOADS/2017/10/8EAA-WORKPLACE-SEXUAL-HA- Canadian standards. RASSMENT.PDF DOING OUR DUTY | PREVENTING SEXUAL HARASSMENT IN THE WORKPLACE 7 03 What Are the Legal Duties of Employers In Preventing Sexual Harassment and Addressing Complaints? 8 DOING OUR DUTY | PREVENTING SEXUAL HARASSMENT IN THE WORKPLACE N ONTARIO, ORGANIZATIONS AND INSTITUTIONS HAVE A DUTY TO TAKE STEPS I TO PREVENT AND RESPOND TO SEXUAL HARASSMENT. WHAT THIS MEANS IS THAT EMPLOYERS MUST TAKE EVERY REASONABLE PRECAUTION TO ENSURE THAT SEXUAL HARASSMENT DOES NOT HAPPEN, AND MUST INVESTIGATE SEXUAL HARASSMENT 96% COMPLAINTS WHEN THEY ARE MADE AND TAKE STEPS TO of surveyed HRPA ENSURE THAT SEXUAL HARASSMENT DOES NOT CONTINUE. members have an official workplace The Occupational Health and Safety Act (the “Act”) requires that harassment policy all employers in Ontario have a harassment policy and process in place. to investigate complaints, which they must review annually. Employers are also required to develop and maintain a SOURCE: HRPA MEMBER SURVEY program to implement the policy. The program must include: • mechanisms for employees to report harassment; • a procedure for handling incidents and maintaining confidentiality; • provisions for investigating incidents; • information about how the results of the investigation will be provided to the alleged target and alleged harasser. In 2016, the Ontario Government amended the Act and added “sexual harassment” to the definition of ‘workplace harassment’ and made it mandatory for all employer’s harassment policies to include provisions on sexual harassment.2 According to the HRPA’s survey, 96% of respondents said their organization are in compliance with this law, and have an official workplace
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