Workplace Harassment: How to Recognize and Report It
Workplace harassment can seriously affect an employee’s dignity, health, sense of security and ability to work. In Quebec, employees have the right to a workplace free from psychological and sexual harassment, and employers have responsibilities both to prevent harassment and to intervene when problematic conduct is brought to their attention.
However, not every disagreement, unpleasant interaction or difficult management decision amounts to workplace harassment. Understanding what harassment means, how it can appear at work and how to report it is therefore important for both employees and employers.
What is workplace harassment?
Workplace harassment generally involves vexatious conduct expressed through behaviour, comments, actions or gestures that are repeated, hostile or unwanted and that affect an employee’s dignity or psychological or physical integrity. The conduct must also result in a harmful work environment.
The concept is broader than obvious intimidation or verbal abuse. Harassment may develop gradually through a series of incidents that, considered individually, might appear relatively minor but collectively create an intimidating, humiliating or harmful work environment.
Although repetition is normally an important element, a single serious incident can also constitute workplace harassment when it causes harm and produces a lasting negative effect on the employee.
Harassment does not have to come from an employer or supervisor. It may involve a coworker, manager, subordinate, client, customer, supplier or another person encountered in connection with work.
Sexual harassment is also covered by the rules governing workplace harassment. It can include unwanted comments, gestures, advances, attention or conduct of a sexual nature.
How to recognize harassment at work
Workplace harassment can take many forms. Examples of conduct that may raise concerns include repeated humiliation, insults, threats, intimidation, degrading remarks, persistent ridicule, aggressive communications, inappropriate sexual comments or advances, or conduct intended to isolate or undermine an employee.
Harassment can also occur through electronic communications. Emails, text messages, workplace messaging platforms and social media can become part of a pattern of workplace harassment when the conduct is sufficiently connected to employment.
In some situations, harassment is less obvious. An employee may gradually be excluded from communications, repeatedly discredited in front of colleagues, assigned work in a manner designed to humiliate them, subjected to persistent hostile treatment or placed in circumstances that make the workplace increasingly intolerable.
Whether particular conduct constitutes harassment depends on the circumstances as a whole. The nature, seriousness, frequency and consequences of the conduct can all be relevant.
Harassment, workplace conflict and management rights
One of the most important distinctions is between workplace harassment and an ordinary workplace conflict.
Employees and managers may disagree. Coworkers may have personality conflicts. Communications may occasionally be unpleasant or poorly handled. These situations can require intervention without necessarily meeting the threshold for harassment.
Similarly, an employer generally has the right to manage its workplace. An employer may evaluate performance, impose reasonable deadlines, supervise employees, reorganize work, address misconduct and take disciplinary measures when appropriate. The fact that an employee disagrees with a management decision or experiences stress because of it does not automatically transform the decision into harassment.
The situation may be different where managerial authority is exercised in an abusive, humiliating, discriminatory or otherwise vexatious manner. The substance of a legitimate management decision and the manner in which that decision is communicated or implemented should therefore be considered separately.
Who is responsible for workplace harassment?
An employer does not have to personally commit the harassment for the situation to engage its responsibilities.
Employers in Quebec are expected to take reasonable measures to prevent psychological and sexual harassment and to intervene when they become aware of conduct that may constitute harassment. Employers must also maintain a workplace harassment prevention and management policy and make that policy accessible to employees.
An employer that receives information about possible harassment should therefore take the situation seriously and determine what response is appropriate in the circumstances.
The employer’s responsibility can extend to harassment originating outside the traditional employer-employee hierarchy. Depending on the circumstances, problematic behaviour involving clients, customers, suppliers or other third parties may also require intervention.
How to report workplace harassment
An employee who believes that they are experiencing harassment should first consider reviewing the employer’s workplace harassment policy. The policy should explain how concerns, reports or formal complaints can be submitted and identify the person or persons responsible for receiving them.
A report should generally be as factual and precise as possible. It can identify what occurred, when and where it happened, the people involved, possible witnesses and any relevant documents or communications.
Where possible, employees may find it useful to preserve emails, text messages, workplace messages and other documents related to the events. Maintaining a chronological record of incidents can also help distinguish isolated disagreements from a recurring pattern of conduct.
Reporting the situation promptly can be important. An employer cannot effectively address conduct of which it is unaware, and external legal remedies may also be subject to time limits.
What happens after harassment is reported?
The appropriate response depends on the nature and seriousness of the allegations.
In some situations, clarification, conflict management or other preventive measures may be sufficient. More serious or disputed allegations may require a formal investigation.
A workplace investigation generally seeks to determine what occurred by gathering relevant information, speaking with the people involved and assessing available documents and witness accounts. The process should be impartial and adapted to the circumstances.
An allegation is not itself proof that harassment occurred. At the same time, an employer should not dismiss a complaint merely because the alleged harasser denies it or because there were no direct witnesses. Workplace harassment often develops through a series of interactions, making the overall context particularly important.
Confidentiality and workplace harassment complaints
Confidentiality is an important consideration when handling workplace harassment allegations, but complete secrecy cannot always be guaranteed.
An employer may need to disclose certain information to investigate the allegations, allow the person accused to understand and respond to them, consult witnesses or implement appropriate corrective measures.
Information should generally be handled carefully and shared only to the extent reasonably required by the process.
What if the employer does not resolve the situation?
Internal reporting is not necessarily the only available option.
Depending on the employee’s status and circumstances, a workplace harassment complaint may be pursued through the CNESST, a union grievance process or another appropriate employment mechanism.
Where harassment is connected to a prohibited ground of discrimination, additional human rights remedies may also be available. If the conduct has caused a work-related psychological or physical injury, a separate occupational injury process may become relevant.
Different procedures may have different requirements and deadlines. Employees should therefore avoid assuming that an internal complaint automatically suspends or extends the time available to exercise another remedy.
For many non-unionized employees covered by Quebec labour standards, a psychological or sexual harassment complaint to the CNESST must generally be made within two years of the last manifestation of the alleged harassment.
What should an employer do after receiving a report?
Receiving a workplace harassment report does not mean that the employer should immediately decide who is right or wrong.
The employer should assess the allegations, consider whether immediate protective measures are necessary, determine the appropriate method of intervention and ensure that the matter receives meaningful follow-up.
Interim measures may sometimes be appropriate while allegations are being assessed. Such measures should not be confused with a final conclusion about whether harassment occurred.
Where an investigation is necessary, it should be sufficiently independent and impartial to permit a credible assessment of the allegations. Once the process is completed, appropriate measures should be taken if harassment or another workplace problem is established.
Preventing workplace harassment
An effective approach to workplace harassment begins before a complaint is made.
Clear policies, accessible reporting mechanisms, appropriate training, early intervention in workplace conflicts and consistent responses to inappropriate conduct can reduce the risk that problems escalate.
Employees should know where they can report concerns and employers should ensure that reports do not simply disappear without follow-up.
Workplace culture is equally important. A policy may satisfy an administrative requirement, but it is considerably less effective if employees believe that reporting inappropriate conduct will be ignored or lead to negative consequences.
Recognizing workplace harassment early
Workplace harassment is often easier to address before conduct becomes entrenched. Employees should not necessarily wait until a situation becomes unbearable before documenting or reporting problematic behaviour.
At the same time, allegations of harassment require careful analysis. A difficult workplace, interpersonal conflict, performance management or an unpopular decision does not automatically constitute harassment.
The central question is whether the conduct, viewed in its complete context, crosses the line from ordinary workplace difficulties into vexatious behaviour that affects the employee’s dignity or integrity and creates a harmful work environment.
Recognizing that distinction, documenting what occurred and using the appropriate reporting process are essential steps toward addressing workplace harassment fairly and effectively.
This text is provided for legal information purposes only. If you have a specific question regarding your personal situation, please contact a lawyer.
Allen Madelin Avocats offer consultations both in person and via videoconference. The first consultation is offered for $125.For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
