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Prevention of Harassment in the Workplace

The Focus Being on Sexual Harassment

INSIDE ...
  • what is harassment?
  • categories of harassment
  • definition of sexual harassment
  • prepare for the sources and causes of harassment
  • identification of some of the prohibited actions related to harassment
  • employer's responsibility towards such conduct
  • escalating sexual harassment
  • what is the employer expected to do to prevent this hostile activity?
  • constructive termination
  • liability of employer reviewed
  • relief (mitigated) to the victim
  • the legal route or hr commission investigators
  • internal investigation
  • the rights of the perpetrator
  • the manager's/supervisor's written record of alleged harassment
  • REPORTING
  • Reporting-to-Self
  • Employer's reporting policy
  • policy statement - harassment
  • policy statement - sexual harassment
  • policy statement - sexual harassment; zero tolerance
  • the employer must insure a workplace free of hostility
There are several confusing websites and other sources of information on the subject of harassment! There are several very different Human Rights Commissions across Canada. To no one's surprise, they are all independent and unique and to no one's surprise, they could all come to a different conclusion about a single case involving the hostility of general, racial or sexual harassment in the workplace. An employer may well conclude that it is better to put in preventative measures to avoid very costly third party investigations into harassment.

The direction for employers to take is prevention. The incentive is the cost of complaints of employees to third parties. The legal forums in each province are different and there are many in Canada. In each province, in each jurisdiction within the provinces, in federal jurisdictions, in each territory, there are different laws, commissions, tribunals, boards, definitions and regulations governing harassment, the most common being Sexual Harassment.

In some Acts in Canada, there is one line related to harassment and zero regulations to support that one line. The public's concern is about a mushrooming (unchecked) social problem, pervasive racial and sexual harassment; and confusion and diffusion in the law in Canada. This treatise is written to reveal and clarify the suppressive features and emerging issues surrounding this public concern and to encourage employers to adopt specific preventative strategies against this hostility, this tragedy in the workplace.




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