Page 11 - GBC summer 2018 english

“Generally speaking, in order to qualify
as harassment, the court must find that there has been a recurring pattern of behaviour or a series of incidents.”
Employers should also ensure that training is provided to ensure that employees are familiar with its policies and understand the proce- dures to be followed. Employers may be able to prevent sexual harassment from occurring within their workplace by having a clear, comprehensive harassment policy in place, and by ensuring that regular training is provided to employees.
In cases of alleged sexual harass- ment, a policy will ensure that all parties are aware of their rights and responsibilities and will understand what to expect from their employer.
POLICIES
In very general terms, some of the elements that should be included in a workplace sexual harassment policy are:
• A de nition of sexual harassment, which may include some speci c examples of behaviours that are prohibited.
• An explanation of the procedural steps to be followed to report incidents of harassment, including to whom the employee should report.
• An outline of how the employer will respond, including an expla- nation as to how the employer will investigate reported incidents of harassment.
The Ontario Human Rights Commission recommends that employers take the following steps to ensure that their employees are aware of the fact that the employer has a sexual harassment policy in place and the contents of that policy:
• Giving policies to everyone as soon as they are introduced.
• Making all employees aware of them by including the policies in
orientation material.
• Training people, including people in positions of responsibility, about
the policies, and educating them on human rights issues.
Different provinces may have different requirements when it comes to what needs to be included in a workplace harassment policy.
For example, since September of 2016, all employers in Ontario are required by law to have policies and procedures in place to address sexual harassment under Ontario’s Occupational Health and Safety Act. The legislation speci es some of the elements that must be included in such a policy. Because the requirements may vary depending on which province an employer does business in, it is always advisable to consult your legal counsel if you are considering adopting a new workplace harassment policy or reviewing and revising an existing policy.
In addition to ensuring that the appropriate policies are in place, employers should monitor their workplace environments regularly to make sure they are free of sexual harassment (and other inappropriate or discriminatory behaviours).
Taking steps to keep a healthy, respectful, and non-toxic work environment will help make sure that sexual harassment does not occur or, if it does occur, that it will not go unnoticed.
ALLEGATIONS: HOW TO RESPOND
When allegations of sexual harassment are made, employers will want to ensure that they respond in a manner that respects the rights of the person making the complaint, as well as the alleged harasser, and that will be upheld if challenged in court or before a human rights tribunal.
In assessing the reasonableness of how an employer responds to allegations of sexual harassment, the factors that a court or tribunal will consider include:
• Whether the employer’s response was prompt and whether it recognized that the conduct complained of is prohibited;
• Whether the complaint was taken seriously;
•Whether the employer took steps to ensure that employees are
provided with a healthy work environment; and
• Whether the employer has a complaints mechanism in place.
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