If the expectation is that employers will implement
workplace harassment policies through effective and meaningful programs, it is arguably consistent with that approach that an employer's program could be reviewed to ensure the reporting and investigation processes meet these expectations.
Employers have a duty not only to establish
workplace harassment policies but to also enforce them.
Review of existing policies and training protocols to ensure
workplace harassment policies and programs are consistent with the new OHSA requirements
In this capacity, we review organizations»
workplace harassment policies (among others) to ensure that -LSB-...]
Requiring employers to provide training and instruction to their workers on
their workplace harassment policies; and
While all employers covered by the OHSA must develop workplace harassment programs that outline how
their workplace harassment policies will be given effect, the Code of Practice details robust reporting, investigation, recordkeeping and consultation requirements that each program must incorporate.
As we stated in our blog post earlier this year, Bill 132 will require most Ontario employers to revisit
their workplace harassment policies and programs.
Require employers to develop and maintain, in conjunction with their health and safety committee or representative, a written program to implement
their workplace harassment policies.
Of significance to employers, Bill 132 would amend the Occupational Health and Safety Act to include the definition of «workplace sexual harassment» as a form of «workplace harassment», and will require employers to include in
their workplace harassment policies:
Most
workplace harassment policies and processes provide a mechanism for dealing with complaints that appear to be made in bad faith.
Have
workplace harassment policies that state that any conduct that creates an improper work atmosphere is grounds for discipline or discharge.
While most educators reported that their schools have
workplace harassment policies prohibiting bullying, a smaller proportion of respondents said that their schools or districts offered regular training on bullying.
Response: Bill 132 amends the OHSA to require that the written program to implement
the workplace harassment policy be developed and maintained in consultation with the joint health and safety committee or safety representative, as the case may be.
According to media reports, one change under consideration would require employers to develop
a workplace harassment policy as currently only workplace violence policies are required (i.e. physical violence).
Employers must consult with the joint health and safety committee or a health and safety representative at their workplace, as the case may be, to develop and maintain a written program to implement
the workplace harassment policy that includes protection against sexual harassment.
Workers must be educated on
the workplace harassment policy and program (similar to the obligation for workplace violence).
Part Four: Providing Information and Instruction on
a Workplace Harassment Policy and Program
If an individual complains under an employer's
workplace harassment policy and doesn't like the way the employer handled the investigation (i.e. it didn't interview anyone), and then that person complains to the employer about its poor investigation and is fired, the Board appears not to have the authority under section 50 to deal with that situation.
One way for employers to ensure these obligations are met is to develop and implement
a workplace harassment policy.
An employer is required to develop and maintain a program to implement
the workplace harassment policy that includes how employees will communicate complaints and incidents of workplace harassment to employers, how employers will respond, investigate and deal with a complaint or incident of workplace harassment.
The employee was dismissed for violating the company's
Workplace Harassment policy; his genitals having been exposed for an extended period of time.
The Workplace Harassment Policy also includes all offensive behaviour arising from use of electronic communications, such as the internet, e-mail, etc., which violate the Ontario Human Rights Code...
[133] It is clear from the totality of the evidence that the TTC has failed to take all reasonable and practical measures to protect bargaining unit employees from that type of harassment by members of the community, as required by the HRC, the Agreement, and
the Workplace Harassment Policy.
Similarly, in
its Workplace Harassment Policy, the TTC recognized its obligation to protect all employees from harassment that contravenes the Ontario Human Rights Code, and its obligation to take all reasonable and practical measures to protect employees from harassment by members of the community.
Importantly, under these earlier cases, the Board had held that an employer's OHSA workplace harassment obligations required
a workplace harassment policy, a program with reporting and investigation mechanisms, and worker training on both.
Not exact matches
«Employers must have a well - crafted
policy with regards to preventing
harassment, bullying and violence in the
workplace.
One of the reasons governments are behind at implementing structural
harassment policies and procedures is because they are often not perceived as
workplaces, Thomas says.
Mr. Kemper practices in the area of labor and employment law where he regularly counsels employers on a variety of
workplace issues including, but not limited to, interviewing, hiring, employee discipline and discharge,
workplace discrimination,
harassment, retaliation, wage and hour (including tipping practices), whistleblower, unemployment, restrictive covenants, non-compete agreements, non-solicitation agreements, non-disclosure agreements, separation agreements,
workplace policies and employee handbooks.
«The Assembly has a zero tolerance
policy when it comes to sexual
harassment and we are committed to ensuring a safe and respectful
workplace for all our employees,» said Silver.
Gov. Andrew Cuomo on Tuesday released a package of measures designed to curtail sexual
harassment in the
workplace that include a uniform
policy for state government employees, a ban on taxpayer funds for settlements related to sexual assault and
harassment and require the disclosure from public and some private entities of
harassment - related settlements.
But according to the Senate sexual
harassment policy, «all employees, supervisors, department heads and appointing authorities are responsible for ensuring a
harassment - free
workplace, and ensuring that employees are aware of this
policy on
harassment.»
Assembly Speaker Carl Heastie, a Democrat, and Senator Jeffrey Klein, the leader of the Independent Democratic Conference, a group of renegade Democrats who often collaborate with the Republicans, also signaled their willingness on Tuesday to tighten
policies against
workplace sexual
harassment.
The legislation requires bidders on state contracts to have
workplace sexual
harassment policies in place and to conduct annual training sessions for employees.
When the new state budget for fiscal year 2019 passed early Saturday morning in Albany, Governor Andrew Cuomo had successfully implemented several of his top
policy priorities on issues like
workplace sexual
harassment, taxes, gun control, and public housing in New York City.
Earlier in the day, the Legislature passed sweeping legislation to address
workplace harassment in the public and private sector, including requiring employers to adopt a model sexual
harassment policy that prohibits mandatory arbitration and secret settlements.
In a recent letter, Erie County Legislator Lynne Dixon (I - Hamburg) has asked County Executive Mark Poloncarz to immediately institute new
policies in county government to help fight
harassment in the
workplace.
Additionally, Rosenthal introduced a bill mandating that the city's Commission on Human Rights distribute a «climate survey» to city agencies to «assess the general awareness and knowledge of
workplace sexual
harassment policies and prevention» in them, according to the bill's summary.
«Even though 98 percent of all organizations have a sexual
harassment policy,
harassment continues in the
workplace and poses serious problems,» said Debbie Dougherty, associate dean of research and professor of organizational communication, in the MU College of Arts and Science.
Although 98 percent of all organizations have sexual
harassment policies, sexual
harassment remains an issue in the
workplace.
The Utah Film Commission, which provides networking and tax incentives to an industry that spent $ 66 million in the state in the last fiscal year, recently instituted a
policy that mandates any film production using the commission's resources must have a
workplace -
harassment policy in place.
Bill 168, which came into force in 2010, created an obligation for employers to proactively assess the risk of
workplace violence and
harassment, as well as develop
policies and procedures for investigating and handling complaints and incidents.
By: Whitten and Lublin Category: Breach of
Policy, Cause for Dismissal, Discrimination in the
Workplace,
Harassment in the
Workplace, Human Rights, In the Media, Wrongful Dismissal No Comments
Employers must also develop and maintain a written program to implement the
policy, which must include measures and procedures as to how workers are to report
workplace harassment, as well as setting out how incidents or complaints will be investigated and dealt with.
-- Conduct annual training with managers and supervisors on addressing allegations of
workplace harassment and how to apply appropriate
policies in place.
In June 2010, previous amendments to the OHSA, known colloquially as «Bill 168», took effect, and essentially required employers to implement new
workplace policies dealing with violence and
harassment in the
workplace.
Most fundamentally, the law now specifically recognizes sexual
harassment as a form of
workplace harassment that employers must have
policies in place to respond to.
Under the Occupational Health and Safety Act, employers with five or more employees are required to prepare a
workplace policy about
workplace violence and
harassment.
The new requirements relating to sexual
harassment policies in
workplaces came into force on September 8, 2016.
In addition to these changes, the government has the ability to prescribe additional specific requirements for the
policies and procedures that employers must have in place to address
workplace harassment, so new regulations may be coming in future if it's determined that employers need additional guidance to ensure effective
policies are put in place.
Employers should review the steps they are taking to prevent
workplace harassment on a regular basis and consider whether or not
policies and procedures continue to be effective.