In the evolving landscape of employment laws and workplace dynamics, understanding and effectively addressing harassment, bullying, and lateral violence in the workplace is imperative for maintaining a safe and productive workplace. Suzanne Desrosiers Professional Corporation’s employment lawyers recognize the complexity and seriousness of these issues.

In this blog post, I will briefly provide clarity on what constitutes harassment in the workplace and how it can affect your workplace. A more detailed account can be found in some of the training courses that we provide or by speaking to one of our employment lawyers.

What Is Workplace Harassment?

Workplace harassment can take on many forms, all of which undermine the dignity and well-being of those who face it. It occurs when an individual acts towards another individual in a way that would reasonably be expected to cause offense or harm. Harassment can come from both the employer and the employees and can ultimately affect the workplace and lead to high employee turnover. Workplace harassment includes verbal abuse, offensive remarks, discrimination, unwelcomed comments, and offensive jokes.

Workplace harassment is normally a series of inappropriate incidents. However, one serious incident can be sufficient to constitute harassment.

Sexual Harassment in the Workplace

Sexual harassment is a particularly insidious form of workplace misconduct that undermines the dignity and autonomy of those affected. It can include unwelcome sexual advances, requests for sexual favours, or other verbal or physical conduct of a sexual nature that is reasonably known to be unwelcomed.

Women are more likely to face sexual harassment. However, men can be sexually harassed as well. Examples of sexual harassment include unwelcomed advances, displaying or showing sexually explicit material, sexual comments or jokes, and requests for sexual favours.

Bullying in the Workplace

Bullying does not end in the school playground as kids. Bullying can happen in the workplace. Bullying in the workplace is the repeated, unreasonable actions directed towards an employee or group of employees that undermines their self-worth and feeling of belonging.

Women and minorities are more likely to experience bullying in the workplace, although it can happen to anyone. Workplace bullying can come in many forms, including verbal abuse, unjustified criticism, and exclusion.

What Does Not Constitute Harassment?

It’s essential to distinguish between legitimate workplace interactions harassment or bullying. Constructive feedback, performance evaluations, and reasonable management actions taken in good faith does not constitute harassment or bullying. Similarly, isolated incidents or occasional disagreements, unless severe or pervasive, may not meet the threshold for harassment.

Reporting Workplace Harassment and Bullying

How to report workplace harassment and bullying will differ depending on the employer and the jurisdiction under which the employee works. Most employers are required to have workplace policies that prohibit workplace harassment and provide employees who face harassment a way to report the harassment.

Once an incident is reported, employers are typically required to conduct prompt and thorough investigations. This can be done by outside independent investigators. An investigation entails gathering evidence, interviewing relevant parties, and documenting findings. Employers should ensure confidentiality as much as is possible throughout the investigation process to protect the privacy of all involved.

Upon concluding an investigation, the employer can choose to take remedial action, if reasonable, which may include corrective action, disciplinary measures, and possibly termination. Employers are also typically required to review their harassment policy to determine if there is a way to prevent similar harassment occurring in the future.

Understanding Employer and Employee Liabilities

Employers can be held liable for acts of harassment, bullying, or lateral violence that occur within their organizations. Under both federal and provincial legislation, employers have a duty to provide a safe and harassment-free workplace. Failure to fulfill this obligation can result in legal repercussions.

Employees who engage in harassing or bullying behavior may face disciplinary action, up to and including termination. Moreover, in certain circumstances, they may be personally liable for any harm caused to their colleagues through either civil or criminal proceedings.

How Suzanne Desrosiers Professional Corporation Can Help

Suzanne Desrosiers Professional Corporation can support employees and employers in navigating the law on harassment in the workplace. We provide training for both provincial employers and federal employers that address harassment in the workplace. We can also help employers address workplace harassment by either acting as an investigator or guiding the employer through there legal requirements, including imposing discipline. To speak to one of our employment lawyers, please call us at 705-268-6492 or email us at info@sdlawtimmins.com.