work

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!

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More Than “Just” A Paralegal

paralegal.jpgYes, I’m a paralegal but my profession does not define who I am and if it did, it may look something like this: legal researcher, account manager, commissioner of oaths and taking affidavits, legal editor, legal writer, legal case manager, legal assistant, legal advocate, legal administrative assistant and so on. It’s not a shabby means of being defined.

If you’re a legal assistant your title may include much of what is listed above in addition to: customer service representative (in some ways), Chair of the social community at your firm (because you are probably responsible for organizing social events) and a miracle worker.

In fact, if you’ve ever seen a legal assistant or paralegal at work you’d probably see them as superheroes of sorts.

By now you can imagine why these legal roles are vital to the legal realm. DSCN9423Imagine a hospital without nurses, a doctor without a secretary, a judge without law clerks – it’d be utter chaos. Such is the legal world without paralegals, legal assistants and law clerks. The term legal assistant, law clerk and paralegal are often used interchangeably within a law firm but are very different if a paralegal chooses to start their own practice.

Being “JUST” anything is a choice. We have free- will; we can choose what we want to be. For instance, alongside being a paralegal I am also: a blogger, a women’s rights activist, business owner, a writer, an entrepreneur, an advocate for social justice and I am nowhere close to finishing this list anytime soon. Thus when individuals say “I’ll never be more than my profession” I believe it’s a choice rather than a result of fatalism.

No – you’re not “just a legal assistant” (feel free to substitute with any profession) – unless that’s what you choose to be. Within most professions there is room to grow – whether that means being promoted to a senior legal assistant who supervises new trainees or moving to a different legal environment that offers a unique experience. As a paralegal in Canada, one may also choose to start their own practice. Moreover, a member of the Law Society of Upper Canada can become the chair of legal group or establish their own legal group.

The limitation isn’t in the title, it’s in your attitude. The title is irrelevant, it’s what you choose to do with your skillset that matters.

Even if you were “just” a legal assistant, recognize that you are a vital part of your legal team because of everything you do. Your contributions are important (even if it’s not communicated), you add value to the firm.

Do you agree with this stance? If so, please press “like” and follow.

Points of Discussion:

1. How are you more than “just” your profession? I’d love to hear your thoughts in the comments below.

Tackling Sexual Assault

awarenessSexual assault impacts 1 in 3 women in Canada. Women under the age of 35 are 5 times more likely to be victims of sexual violence than their counterparts. Sexual violence  impacts many aspects of a victim’s life and the Liberal government wants to address this concern with their new legislation. The legislation was proposed in late October and aims to assist victims in various circumstances including: their homes, schools, work and the justice system.

Arguably, the biggest change will occur in the legal realm. Courts will be asked to remove any limitation periods for civil proceedings founded on sexual assault or misconduct. Thus limitation periods to bring civil action would be removed. Furthermore, survivors of sexual and domestic violence will also be permitted to make applications to the Criminal Injuries Compensation Board without time constraints.

Every_Canadian_Needs_A_CopyIn respect to work, employers will be liable to improve their sexual harassment prevention programs and conduct “appropriate investigations” of complaints. If a complainant feels the employer has failed to conduct an appropriate investigation they can take legal action against the employer.

Currently, the Occupational Health and Safety Act vaguely addresses sexual harassment as:

“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.”

The Liberal government aims to define sexual harassment in a manner that will outline consent and unacceptable behavior.

At this moment in time, most postsecondary institutions merely state that sexual violence will not be tolerated and will be handled in accordance to the Criminal Code of Canada. The proposed legislation  would require post-secondary institutions and private career colleges to create individual policies addressing sexual violence. The policies will be reviewed every three years with student input.

Finally, tenants will be permitted to exit a lease due to sexual or domestic violence in 28 days rather than the current 60 days limitation period. This will make it easier for victims to flee their abusers and escape financial abuse.

Activists are supporting the proposed legislation and suggesting it is long overdue while critics are concerned about the unaccounted for repercussions of such legislation.

Critics argue that allowing tenants to exit their rental leases in half the time due to sexual or domestic violence may discourage landlords from renting their spaces to women. Furthermore, some individuals are concerned that this will not tackle the pre-existing stigma against victims. Todd Minerson, executive director of the White Ribbon campaign, argued that the discussion around consent needs to continue as some men do not understand what consent entails. Hence, some feel that the proposed legislation is not enough.

Did you learn something new? If so, then press “like” and subscribe!

Points of Discussion:

1. How do you feel about the new proposed legislation?

2. What additions would you like to make to the new legislation?

Disney Philosophy At Work

Disney plays an integral part in our lives as children and then again once we have children. Aside from the fairy tales and princesses being rescued by princes, there were some very wise words of wisdom. Here are some of my favourite Disney quotes to help get me by in the world of work.

“The problem is not the problem. The problem is your attitude about the problem.” — Jack Sparrow (Pirates of the Caribbean).
Our approach to addressing a problem often determines what the outcome will be – utter defeat or overcoming the issue. Sometimes taking a step back and re-evaluating the situation can help us re-focus and target the issue more efficiently.

“The only thing predictable about life is its unpredictability.” – Remy (Ratatouille)
This is especially true when you work in legal field, you are always thinking on your feet and reprioritizing your responsibilities.  Sometimes we just have to be mentally prepared to have something unpredictable thrown our way to ensure we don’t crumble under pressure when it does appear.

“All you need is faith, trust and a little pixie dust” -Peter Pan in Peter Pan
Well Peter Pan got the gist of it right but pixie dust for most of us is our caffeine fix. Sometimes when you’re overwhelmed with work you just need to have faith that the task will be completed and you’ll get through it with your sanity intact.

“Just keep swimming” – Dory, Finding Nemo
Our work environments can sometimes become so busy we aren’t sure what to do next. Sometimes it’s just a matter of continuing to plow through the work until it’s done.

“Things don’t always work out the first time but keep trying” – Donald Duck
Sometimes addressing an issue requires multiple attempts and approaches; just because it didn’t work the first time doesn’t mean your attempts were futile. Keep going!

“Whatever you do, do it well. Do it so well that when people see you do it they will want to come back and see you do it again and they will want to bring others and show them how well you do what you do.” – Walt Disney
Regardless of your profession, give every project your all. Your work ethic is your signature at work; if you want your clients to associate your signature with certain qualities you have to demonstrate those skills for them.

“The very things that hold us down are going to lift you up.” – Timothy Mouse
Wise mouse! Our struggles often become our strengths because we learn how to adapt. As we test our abilities and explore our potential we not only better understand ourselves but build confidence to take on more.

“You’re at peace because you know it’s okay to be afraid.” – Mulan
Fear can be a good thing; it can help us grow if we utilize it correctly. Rather than allowing fear to paralyze you, try to use it as motivation to address whatever is scaring you.

“You’re braver than you believe, stronger than you seem, and smarter than you think.” – Christopher Robin
Give yourself credit! Don’t underestimate yourself; take some risks and see where it goes. You may surprise yourself.

“I was so upset I forgot to be happy.” – Eeyore, Winne the Pooh
If you have a bad day at work, leave your negative energy at work.  If you carry around negative energy with you, it will only pour into every other aspect of your life.  It’s done, let it go and stop punishing yourself further by dwelling on it.

“Today’s special moments are tomorrow’s memories.” – Genie, Aladdin Try to make the most of every day even on those days where you forget to breathe. Try to create a memory that will bring a smile to your face the following day.

“It’s kind of fun to do the impossible.” – Walt Disney
Nothing gives me as much satisfaction as knowing that I’ve achieved the “impossible”.  When I’m overwhelmed, I remind myself how amazing it would be to be able to say “I got it all done”.

“Hakuna Matata” –Timon and Pumba, Lion King
It means no worries for the rest of your days (admit it, you sang that). Remember that there are bigger things in life than work. Remember to be grateful for what you have and enjoy the life you have created for yourself.

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Which quote resonates with you the most? Leave it in the comments

 

 

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