Every worker, new or experienced, should know how to spot workplace harassment red flags and how to deal with them. It may be challenging for young people to recognize or handle inappropriate workplace behaviour—they may be trying to fit in, figure out work culture or be unsure of what is expected of workers—so it’s helpful for parents to provide some guidance. Read on to learn more about what workplace harassment is and the steps your child can take to stay safe and respected.
(Free downloadable poster).What is workplace harassment?
Legally, workplace harassment in Ontario is defined as “engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.”
In other words, says Kristin Onorato, an Occupational Health & Safety Consultant at Workplace Safety & Prevention Services, harassment is “any sort of comment or conduct that makes you feel uncomfortable. Ultimately, it’s a gut check: if someone said that to you, would you be okay with that? Is it something that should have been said at the workplace? Is someone getting quiet or seems uncomfortable with the conversation or the jokes at work? Those could be good indicators that those are mainly things that we shouldn’t be saying at the workplace.”
Workplace harassment doesn’t always take the form of verbal communication, says Kristin. It could be an email, voicemail or text, a meme, a social media post, something written on a whiteboard or wall, or a picture (like a poster or calendar) that’s displayed in the workplace.
How parents can help
“Read the workplace safety law!” says Kristin. “It’s free and available online. Read it yourself to feel like you have a good understanding of what that legislation involves.” You can also review a plain-language guide to workplace legislation in Ontario.
The law says that:
- The comments or conduct may happen once or more than once, and occur over a relatively short period of time (for example, during one day) or over a longer period of time (weeks, months or years).
- Workplace harassment can include unwelcome and/or repeated words or actions that are known or should be known to be offensive, embarrassing, humiliating or demeaning to a worker or group of workers. It can also include behaviour that intimidates, isolates or discriminates against a worker or group of workers in the workplace.
- This definition of workplace harassment is broad enough to include harassment prohibited under Ontario’s Human Rights Code (comments or conduct about aspects such as age, ancestry, colour, race, creed or disability, among others).
- “Psychological harassment” or “personal harassment” is also part of harassment. This could include bullying behaviour—mocking, belittling, intimidation or other behaviour that causes fear, distress or harm.
- Sexual harassment has a similar definition: “engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome,” as well as: “making a sexual solicitation or advance where the person making it is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.”
Workplace harassment training
“Legally, there is a requirement for employers to not only have a workplace harassment policy but also a procedure,” notes Kristin.
If the workplace is meeting its responsibilities, your child should have a good understanding of:
- what harassment is and what it isn’t. For example, says Kristin, a supervisor asking you to clean up a spill, if that is part of your job description, is not harassment. According to the law, “Workplace harassment does not include a reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace .”
what they’re supposed to do if they are experiencing harassment (Who do they report it to? What is the investigation process?) - the unique hazards of their workplace, what their risks are, the violence and harassment program details, where to find the program and policy, control methods, how to report incidents of harassment and the investigation process
- how information is used. Legally, “information obtained about an incident or complaint of workplace harassment, including identifying information about any individuals involved, will not be disclosed unless necessary for the purposes of investigating the incident or complaint, or for taking corrective action, or is otherwise required by law.”
Depending on the workplace, this training could be verbal, part of a required online or in-person course, or outlined in a handbook, says Kristin. “It does have to be specific to the programs that they have at that facility, rather than generic,” she says so that an employee knows how to report a problem and to whom.
If your child is harassed at work
What steps your child takes if harassed by a co-worker, supervisor or customer at work will, of course, depend somewhat on what form the harassment takes.
- Your child should take care of their safety and remove themselves from the situation if there is a threat of physical or sexual assault.
- If it’s a lower-risk situation, like an inappropriate comment, conversation or communication, your child can consider speaking up directly, as long as they feel comfortable. “Saying something like, ‘hey, that’s inappropriate’ or ‘I’m not comfortable with that language,’ is often a good first step, but not an obligation,” says Kristin.
- If the behaviour happens again, or if your child is not comfortable speaking directly to the person causing offense, follow the workplace procedures regarding who to report the matter to, and what’s required (for example, filling out a report).
- “The overall expectation is, once it’s been reported, the company has an obligation to investigate,” says Kristin. “So, if I report to my supervisor that I’m being harassed, I need to provide some details: who it was, when, the nature or the type of harassment that’s happening. ”The investigation should take place within a reasonable amount of time, she says. “Once the investigation is completed, there is an expectation that the company will also inform both parties what the results of the investigation were.”
- It’s always a good idea for your child to make notes of what happened and the relevant dates. (Remember, it’s not required to have multiple instances of harassment recorded over a certain period for action to be taken, says Kristin.) Your child can write down what was said, where they were, if there was a witness, when the incident was reported and to whom.
- If it’s a customer or client being inappropriate, there should be a process in place to protect the worker—for example, the worker can remove themselves from the situation. Then they should talk to a supervisor or manager, who should follow company policy on the next steps, to make sure the worker is protected.
- As a parent, provide reassurance, support and access to additional help or counselling if needed. Feeling unsafe at work can definitely be a demoralizing, confusing and upsetting experience.
For both you and your child, take the approach that knowledge is empowering! “No worker should have to accept harassment or poor treatment from anybody,” says Kristin. “An employer is expected to make sure that those workers feel protected, and at least have an understanding of what they are able to do to protect themselves in those situations.”