Requirements for employers to prevent harassment and violence in federally regulated workplaces

Examples of harassment and violence

The following is a non-exhaustive list:

• aggressive or threatening behaviour, including verbal threats or abuse
• physical assault
• spreading malicious rumours or gossip about an individual or a group
• socially excluding or isolating someone
• damaging, hiding or stealing someone’s personal belongings or work equipment
• persistently criticizing, undermining, belittling, demeaning or ridiculing someone
• swearing at someone or using inappropriate language toward them
• using the Internet to harass, threaten or maliciously embarrass someone
• using the Internet to make sexual threats, or to harass or exploit someone sexually
• abusing authority by publicly ridiculing or disciplining a subordinate
• abusing authority by interfering with a subordinate’s performance or job (for example, blocking applications for leave, training or promotion in an arbitrary manner)
• abusing authority by soliciting a sexual or romantic relationship from a subordinate, or making social invitations with sexual overtones to a subordinate
• making abusive or derogatory remarks or jokes about someone’s gender, gender identity or gender expression, sex or sexual orientation (for example, homophobic remarks)
• sexual touching (for example, patting, pinching, caressing, kissing, fondling)
• sexual invitations or requests in return for a promise of a reward (such as a promotion)
• displaying offensive posters, cartoons or images of a sexual nature
• sending inappropriate electronic communications (for example, sexually explicit emails)
• domestic violence (also called intimate partner violence, domestic abuse or relationship abuse) is a workplace hazard when it occurs in the workplace (it puts the targeted worker at risk and may pose a threat to coworkers)

What is not harassment and violence

Do not confuse workplace harassment and violence with normal workplace conflict and differences of opinion.

It is appropriate for your supervisors to take the following actions, as long as they act respectfully, professionally and in good faith:

• directly supervise employees, including setting out performance expectations and providing constructive feedback about work performance
• take measures to correct performance deficiencies, such as placing an employee on a performance improvement plan
• take reasonable disciplinary actions
• assign work, and direct how and when it should be done
• request updates or status reports
• approve or deny time off
• request medical documents to support an absence from work

Workplace health and safety non-compliance

The Labour Program follows a compliance policy as part of the Code. It includes a range of responses to non-compliance, such as:

• counselling
• assurance of voluntary compliance
• directions
• prosecutions, if warranted

Consult Occupational Health and Safety and Compliance.

Definitions of key terms used when resolving an occurrence

Applicable partner:

A policy committee, or if no policy committee exists, a workplace committee or the health and safety representative.

Conciliation:

A discussion or series of discussions that is mediated by a neutral third party who is there to facilitate the discussion(s) and assist the parties involved in reaching resolution. All parties involved in conciliation must mutually agree to participate in conciliation and on the person who will be acting as the conciliator. A conciliator can be a professional mediator, a supervisor, an Elder, a religious figure, a colleague, etc.

Designated recipient:

The individual, or work unit, designated by the employer to receive a notice of an occurrence.

Negotiated resolution

Any form of communication between the participating parties to discuss the occurrence and attempt to reach agreement on possible actions to resolve the occurrence.

Occurrence:

An occurrence of harassment and violence in the workplace.

Principal party:

An employee or employer who is the object of an occurrence.

Resolution process

All the avenues of resolution – negotiated resolution, conciliation and investigation.

Responding party:

The person who is alleged to have been responsible for the occurrence.

Witness:

A witness to an occurrence or someone who is informed of an occurrence by the principal party or responding party.

Workplace:

Any place where an employee is engaged in work for the employee’s employer as per 122(1) of Code.