New report examines changing nature of workplace harassment
Workplace harassment is not only declining but undergoing significant changes, according to a poll commissioned by Queen’s School of Business in Kingston, Ont.
The percentage of Canadians who have witnessed or experienced harassment in the workplace has noticeably decreased in the last two years. Twenty-three per cent of employees questioned by the 2014 study — which mirrors a similar poll in 2012 — said they have personally experienced workplace harassment in their own life, down from 28 per cent in 2012.
Similarly, the percentage of Canadians who have witnessed workplace harassment has dropped to 25 per cent, down from 33 per cent just two years ago, according to the survey of 1,501 people.
More men reported witnessing workplace harassment than women, while more women said they experience harassment personally in their own work life.
Roughly one in three female workers previously have or currently are experiencing workplace harassment.
"It’s encouraging that incidents of workplace harassment appear to be declining. It suggests recent legislation and increased education against workplace harassment in Canada is helping. However, the fact that roughly one out of every four people still admit to experiencing it personally is hardly cause for celebration," said Jana Raver, associate professor at Queen’s School of Business.
"Society has made great strides in virtually eliminating many traditional job-related risks, and now we must apply the same commitment to eradicating workplace harassment, which is often less obvious."
Making workplace harassment all the more difficult for employers to eliminate is its changing nature.
The percentage of employees reporting a male harasser has declined from 50 per cent in 2012 to 42 per cent in 2014. In contrast, the percentage of workers reporting female harassers has remained the same at 23 per cent.
The percentage of employees who reported they have witnessed workplace harassment inflicted by both males and females has jumped to 35 per cent from 27 per cent in 2012.
"While Hollywood may stereotype workplace harassers as males, the survey reveals that an increasing percentage of Canadians now report witnessing it from both genders," said Raver.
Worker protections
To protect workers, employers must recognize the changing — and increasingly more complex — nature of workplace harassment.
"Because of the complexity of harassment, it’s very important to have strong prevention in place," said Lynn Groulx, a senior policy advisor for the Canadian Human Rights Commission (CHRC) specializing in workplace harassment.
The CHRC defines harassment as offending or humiliating someone physically or verbally, threatening or intimidating someone, or making unwelcome jokes or comments.
The Canada Labour Code and provincial human rights laws also protect employees from harassment related to work, while the Criminal Code protects people from physical or sexual assault.
The Canadian Human Rights Act protects employees from
harassment based on race,
national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or pardoned
conviction.
Increasingly, however, cases of workplace harassment are based on more than one ground of discrimination, said Groulx.
"The procedures are so complex, even for a small workplace, to make sure you’re complying with what’s required under the law," she said.
"Employers need to have written policies and written procedures in place and the policies, hopefully, would be drafted in consultation with the employees and the union, if there is one."
Simply drafting a policy, however, is not enough. Policies must be implemented and supported by employee training. Due diligence also requires employers to follow up on instances of workplace harassment in the subsequent months.
"It’s not one-size-fits-all, as if everyone experiences harassment the same way," said Groulx, arguing employers need to adjust their perception of workplace harassment to better understand employees’ perspectives.
Another perception that requires adjustment is the mistaken belief employers are responsible for the complete eradication of workplace harassment, according to Zaheer Lakhani, lawyer at Bernardi Human Resource Law in Mississauga, Ont.
"The issue is not preventing harassment, but responding to complaints of harassment," he said. "There’s always going to be harassment in the workplace — the issue is that as an employer you have an obligation to address it."
But dealing with the increasingly complicated complaints of workplace harassment is no small feat, he said. Too many employers continue to address harassment without the proper training, often choosing employees to investigate who are unprepared and unable to maintain objectivity.
Many employers instinctively choose human resource staff to address or investigate claims of harassment, but few invest the time and money necessary to train those employees, said Lakhani.
"People are governed by so many protective legislations and there are so many competing interests," he said, adding that personal biases and workplace politics can also cloud an investigation.
By recognizing the changing nature of harassment in the workplace and adjusting policies, procedures and training accordingly, employers will be better equipped to address complaints and protect employees.
While the way employers understand workplace harassment may be shifting, the way they address it should never change, said Lakhani.
"You still have to do the same investigation and you have the same duty to be mindful of your policies and you have the same duty to make sure you’re neutral and fair."
