How to Report Harassment in Your Workplace

‘Workplace Harassment’ S. 1(1) OHSA (a)

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, or (b) workplace sexual harassment

‘Workplace Sexual Harassment’ S. 1(1) OHSA

(a) 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, or

(b) Making a sexual solicitation or advance where the person making the solicitation or advance 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.

If you are unsure of what behaviours constitute workplace harassment, check out our previous blog titled Understanding Workplace Harassment in Ontario. Our organization emphasizes the importance of a preventive approach to workplace harassment to avoid misconduct before it occurs. Nonetheless, there are situations where preventive measures do not work, and in those cases, understanding how harassment is defined empowers individuals to recognize, report, and address such misconduct.

Gathering Evidence of Harassment

Gathering evidence in workplace harassment situations is essential for documenting and addressing it. Should you be experiencing harassment or believe that you may be experiencing harassment, write down every encounter. We encourage employees to do the following:

• Document Incidents: Keep a detailed record of each instance of harassment, including dates, times, locations, and a description of what happened. Note any witnesses present.
• Save Communications: Save any emails, text messages, voicemails, or other communications that contain harassing content. Take screenshots or print physical copies if necessary.

Having clear and concise records of the harassment is important should employees wish to file a formal harassment complaint. These records can and may be used in the formal investigation process.

How Employers Can Support Workers

Every employer must provide support for employees who have experienced harassment. To support employees, employers need to provide clear information about the organization’s policies and procedures for addressing harassment. Additionally, many workplaces can provide support through Employee and Family Assistance Programs (EFAPs), counselling included with group benefits plans, peer support, or other support groups.

What to Expect from a Workplace Harassment Investigation

While not all harassment complaints reach this stage, investigations can be critical for addressing allegations. Investigations involve an examination of complaints, interviews with relevant parties, and the gathering of evidence to determine the legitimacy of the allegations. Below are the steps that an employer will likely follow in an investigation scenario:

1. Choosing an Investigator: When choosing an investigator, it is vital that they familiar with health and safety, human rights, and are unbiased towards the complainant and the alleged harasser. The investigator may be internal or external to the organization. For complex investigations, two investigators are preferred.
2. Gathering Information and Reports: Before an investigator begins interviews, they need information about the alleged incident of harassment. Investigators will review documentation such as the organization’s harassment policy, the incident report completed by the complainant, training materials related to harassment in the workplace, and communications related to the incident. Communications may include text messages, emails, and “chat” conversations on messaging apps. Reviewing these documents allows investigators to gather relevant and accurate information during interviews.
3. Conducting Interviews: The interviews gather information about the alleged harassment and obtain relevant details and perspectives from all parties involved. Interviews should be conducted in the following order: complainant, witnesses suggested by the complainant, alleged harasser, witnesses suggested by the alleged harasser, follow-up meetings for clarification, and a final meeting with the alleged harasser if necessary. All interviews should take place somewhere private (either onsite or offsite) during working hours. Two investigators allow one investigator to ask questions and the other to take accurate notes on the interview subject’s responses. Before the interview ends, the subject should review the notes recorded and verify their accuracy. They may be asked to sign an attestation that their statement was recorded accurately.
4. Producing a Written Report: Based on the findings, the investigator(s) will prepare a comprehensive report outlining their conclusions and recommendations. The report will explain how interviews were conducted, present the facts, detail the documents reviewed, and outline the legislation considered. This report may include opinions on the credibility of those interviewed, will present the conclusion, and make recommendations to the employer.

Process of Harassment Investigation Possible Outcomes

There are three possible outcomes for a workplace harassment investigation: harassment occurred, harassment did not occur, or the result is inconclusive based on the information gathered. Regardless of the outcome, the report will include recommendations for the employer. Both the complainant and the respondent will be told the outcome of the investigation; however, neither of them will receive a copy of the final report. Only the decision-makers of the organization will receive the final report.

Reporting workplace harassment can be necessary for fostering a safe and respectful work environment for all employees. We encourage all workplaces to invest time and human resources into creating harassment policies and programs to prevent misconduct.