According to various surveys, more than 60% of people experience harassment at their workplace. While most of this demographic consists of women and disability groups, it’s a phenomenon that anyone can experience. It’s necessary to understand what constitutes harassment, what the recommended way of dealing with and the role of Toronto corporate lawyer in the matter.
What Is Harassment in The Workplace?
Any kind of sex discrimination that violates state and federal anti-discrimination laws is considered sexual harassment. Anyone, regardless of gender and orientation, can be the target of sexual harassment and some various behaviors or acts constitute sexual harassment. The perpetrator can be of the same or opposite sex, a colleague, someone from the higher-ups, or even a non-employee.
For any behavior to be counted as sexual harassment according to the law, it must constitute a few elements:
- Involving unwanted or unwelcome conduct or sexual advances, including sexual favors or touching.
- The behavior must cause a tangible personnel action – a pay change, demotion, hiring, reassignment, firing, or benefits due to the employee’s refusal to submit to the unwelcome behavior or conduct.
- If there are no tangible personnel actions, the severity or pervasiveness of the actions must be severe enough to make the environment sexually hostile and affect the victim’s working conditions.
You can file a civil claim for sexual harassment if any workplace behavior from anyone constitutes the above-mentioned elements. Lawyers in Toronto, Ontario, will educate you on the process.
What Steps Can I Take To Address Workplace Harassment?
If you feel like you’re the target of workplace harassment, it’s recommended that you report the incident directly to management as soon as you can. Every good business has a channel that an employee can reach out to about workplace harassment complaints.
Report Up
Make sure that the chain of command is aware of the harassment incident. While your superiors will be empathetic and in a position to help you, they must be made aware of any such incident happening. Your company’s human resource department will generally be the channel for such complaints.
Get It In Writing
In various legal cases, lawyers will tell you that an incident did not occur if there’s no record on paper of it happening. Rather than a complaint to someone verbally, make sure that you create a detailed log of it that you can present if need be. It should include key details of the incident, including but not limited to names, witnesses, what was said and done, at what time, and where. Not only does this develop authority towards your claim, but it also makes the recipients of these documents accountable if they fail to take any action.
Demand Changes
Many people don’t report cases of workplace harassment because many of them aren’t acted upon. While it’s possible that your case could also end up in the rubble of paperwork, you can prevent that from happening. Prompting your employer or the chain of command to take action and giving timely reminders can push them to make changes and listen to your demands.
Your Employer’s Responsibility
Your employer’s responsibility is to create a workplace environment where people feel, with no room for harassment. In case they’re informed about any harassment cases, they have to take immediate notice and take quick action to any such cases. Similarly, they need to have set policies to deal with any such incidents so that all people are aware of the consequences of such actions. If any case is brought up by any staff member, it should be addressed and dealt with.
Any employer complicit in cases of workplace harassment is committing a crime and may be required to financially compensate the victim.
In Case of Employer Being Involved/Complicit With Harassment
Unfortunately, workplace harassment cases aren’t taken seriously everywhere. In some companies, they are considered interpersonal issues where both victims and the harasser are treated poorly. To make matters worse, the employer, supervisor, or manager could be the source of harassment.
It’s a relief that most provinces have various laws that focus on employees that are in difficult positions concerning their employers and harassment. If an employee makes a legitimate harassment complaint against their employers or other workers, they’re not allowed to retaliate against them. Regardless, your employer may try to pressure you from raising your voice. In such a case, you’re at risk of losing your job, but you do have proper legal recourse with lawyers in Toronto to deal with the case.
Being Professional
In a harassment case, it’s understandable that you might have the urge to deal with the case personally. Be aware that it’s the employer’s job to control workplace harassment instead of yours. Reacting violently, not taking it seriously, or retaliating will make the case worse for you and give the harasser leverage. Speak to a civil litigation lawyer to guide you on the right steps.
Speak To An Employment Lawyer
As previously stated, there can be various cases where your employer might not deal with your workplace harassment complaint properly. They could potentially:
- Claim you’re misrepresenting the situation.
- Side with the harasser.
- Threaten you with disciplinary action.
If any of this happens, get in touch with a corporate lawyer to learn about your action and work towards a case.
Having competent labour lawyers in Toronto is necessary for dealing with harassment cases efficiently in Canada. Your legal counsel will empathize with you and help you develop a plan for representing your case.
If you’re dealing with any workplace problems and your issues aren’t being addressed, consult with our team at Nanda and Associate Lawyers. We provide corporate lawyer, civil lawyers, commercial real estate lawyers, and family lawyers in Toronto. Set up an appointment with our team to describe your case or reach out to us directly.
