Sexual Harassment in the Workplace

shIt seems everyone has a story where they have been victims of unwanted attention from coworkers, clients or employers.  Reflecting on my personal experiences, these comments stand out in particular:

“You always have the prettiest women working for you; where do you find them?” I was working in an accounting office when a man walked in and said this to my employer in front of me, he then looked at me as if I should have been flattered instead of disgusted.

A more recent example, a client had called for information that I did not have on hand so I asked if I could get his number to call him back and he replied with “If I give you my number, can I have yours?” I replied with a stern “no”. He was shocked and said “but you just responded with a no” – I’m not sure what he was expecting to be honest. Although some argue that this is merely “harmless humour”, others would strongly disagree.

Sexual harassment is common in most workplaces; however, the Occupational Health and Safety Act will now include sexual harassment under its code to help protect employees. The proposition of the act is currently being referred to as Bill 132 and will include factors such as: gender, sexual orientation, gender identity expression, sexual solicitation and advances made by a person in a position of power.

shhThe objective is to help victims who are too afraid to take action against such behaviour in their workplace due to power dynamics with the harasser. The idea is that the harasser should know or should reasonably know that such advances would be unwelcomed. The bill will allow the Ministry of Labour to order third-party investigations into sexual harassment complaints. Who will pay for this investigation? The employer, especially in circumstances where the investigation process is faulty or inadequate.

The bill is expected to become effective as of Sept. 8, 2016.  The Occupational Health and Safety Act will set out:

  1. Investigators responsible to oversee the investigation if the accused harasser is the employer;
  2. the means of maintaining confidentiality; and
  3. make conclusions drawn from the investigation available to both the complainant and alleged harasser

Employers would be required to carry out:

1. appropriate investigations;
2. make available written results; and
3. complete annual reviews of the sexual harassment complaints (at minimum)

Have you been harassed at work? What is your story? Leave your thoughts in the comments!

Are you in favour of this new legislation? If so, press ‘like’ and subscribe.

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