This presentation will: - Discuss why preventing harassment matters: Examples and impact - Explain basics of discrimination and harassment liability - Focus on what sexual harassment is - Outline what managers need to know to prevent or respond to harassment

1. Discrimination and
Harassment Training
For Managers

2. Overview
This training will:
• Discuss why preventing harassment matters:
Examples and impact
• Explain basics of discrimination and harassment
liability
• Focus on what sexual harassment is
• Outline what managers need to know to prevent or
respond to harassment
2

3. Did you know…
• Surveys show 1 out of every 5 managers are
involved in harassment/discrimination litigation at
some point in their careers?
• Hundreds of employment harassment/discrimination
claims are filed every month nationwide?
• The average cost to defend against a harassment/
discrimination lawsuit can be tens of thousands of
dollars (exclusive of actual settlement/awards)?
• Harassment claims can generate massive costs and
damage to reputation and morale?
3

4. Typical Scenario
Léo repeatedly propositions his 20 year-old
subordinate over six months, Gillian, who finally
goes off on sick leave. Her father reports the
harassment and after an investigation during which
he is suspended, Léo is fired.
Pre-complaint costs
(all figures guesstimates)
4
Direct Indirect
• Sick pay to Gillian on days
she phones in sick then is
off recovering
$5k • Gillian’s lower productivity and
absences to avoid Léo
• Other female employees
demoralized

5. Costs
• Complaint Costs
5
Direct Indirect
• Investigators’ Fees
$15k
• Company lawyer fees to
$10k
advise on complaint
• Productivity drops as co-workers
focus on
investigation
• Léo’s region results
decline due to his being
distracted then absent
during suspension
$10-50k

6. Costs
• Settlement and “Fallout” Costs
6
Direct Indirect
• Gillian is paid
• Compensation for
harassment
• If she sues for
severance add
• Legal fees for
defending claim add
• If Léo sues after being
fired, legal fees to
defend
• Cost to hire and train up
Gillian’s and/or Léo’s
replacement
$25k
$10-50k
$20k
$20k
$10-20k
• Other employees may
be upset and leave
• Customers and
suppliers learn of
situation and may
reduce business
• Company’s reputation
damaged
??
Could be
$100k plus
TOTALS
(using guesstimates)
$115k to
$165k
$150k plus

7. The Legal Framework – Human Rights Legislation
Human Rights legislation applies to all phases of
the employment relationship:
• recruitment and hiring
• promotion, development and training
• conduct at work and working conditions
• decisions about who gets terminated
• pay practices and benefits
• all other terms of employment
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8. Human Rights Legislation
Prohibits discrimination based on:
• sex
• disability
• age
• race
• colour
• religion
• national origin
• sexual orientation
• marital status
• family status
• certain additional grounds in some provinces
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9. Human Rights Legislation
Discrimination means:
• any different treatment based on a prohibited
ground under human rights legislation
• which cannot be justified as a “bona fide
occupational requirement” or not covered by an
exemption (e.g. age for group insurance plans)
• harassment is one of the most common forms of
discrimination
9

10. Company’s Harassment Policy
The Company’s harassment policy applies to:
• Employees at all levels
• In all work-related activities, e.g. during business trips
or Christmas parties, even outside of formal work
activities
The Company will also respond to harassment
of employees by:
• Customers
• Suppliers
• Others dealing with the Company
10

11. Discriminatory Harassment
Discriminatory harassment is conduct that, on basis
of prohibited ground under human rights legislation:
• denigrates or shows hostility or aversion toward an
individual or group
• results in an intimidating, hostile or offensive working
environment
• unreasonably interferes with an employee’s work
performance
• adversely affects an individual’s employment opportunities
Sexual harassment is one type of discriminatory
harassment
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12. “Discriminatory Harassment”
“Discriminatory Harassment” includes:
• unwelcome remarks, jokes, innuendos
• taunting
• posters or literature that could be offensive
• offensive e-mail
• verbal abuse or threats
• refusal to work or converse with a person
• imitation of a person’s accent or mannerisms
• mocking a person’s appearance or abilities
on basis of or in relation to a protected ground
under human rights legislation
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13. Categories of Harassment
Quebec
• In Quebec, broader “psychological harassment” is
prohibited, even when not based on a prohibited
ground under human rights law
• Defined as vexatious conduct that are hostile or
unwanted which affects an employee’s dignity or
well-being and results in a harmful work
environment
• Therefore, the Company’s national policy prohibits
harassment, regardless of motivation
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14. What is not Harassment
Does not include:
• occasional compliments of a socially acceptable nature
• consensual social romantic interaction (but see “Dating
Policy”)
• behaviour generally considered acceptable by a
reasonable person
• unless the recipient has indicated that it is not acceptable
to him or her
• appropriate direction, evaluation, appraisal or discipline by
a supervisor or manager for legitimate performance
reasons
14

15. Sexual Harassment
Sexual Harassment includes conduct which:
• makes sexual relations either explicitly or implicitly a
term or condition of some aspect of an individual’s
employment, e.g. promotion or avoiding lay-off –
a.k.a. “quid pro quo” harassment
• unreasonably interferes with an employee’s work
performance; or
• creates an intimidating, hostile or offensive working
environment
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16. Unwelcome Behaviour
Sexual harassment must be “unwelcome”:
• in many situations, this means the target must say
so
• but some behaviour will be so obviously unwelcome
that no protest is required, e.g. physical assault
• wherever one employee has power over the other,
human rights tribunals will easily imply coercion
16

17. Who Can Complain about Discrimination and Harassment?
Anyone in the workplace, even if…
• he/she is not the target or a member of the target group
(a brunette co-worker offended by a “dumb blond” joke)
• he/she and the offender are both members of the same
target group (a Jewish co-worker offended by a Jewish
joke)
• he/she previously participated in or did not object to
similar behaviour if he/she later objects and the conduct
continues
Managers have an obligation to report harassment
• When serious, even against the victim’s wishes
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18. Differing Sensitivity Levels
• We all have different sensitivity levels
• What may seem harmless and innocent to you
may be extremely offensive to another
• Know where the line of offensive conduct is for
you and remember to not only not cross it, but
stay well behind it!
• Just because it does not offend you, or others,
does not mean it will not offend someone else
and does not mean it is not sexual harassment
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19. Harassment: Four Elements to Remember
Four elements of sexual harassment:
• Unwelcome: but be careful as “yes” sometimes is
deemed to mean “no”
• Sexual conduct or conduct based on sexuality, sex,
physical appearance associated with sexuality
• Offensive to recipient and to a “reasonable person”
• Can be a severe single incident or repeated minor
ones
19

20. Procedures for Complaints of Discrimination or Harassment
and Problem Resolution
The Manager’s Role:
• Do not be dismissive or leave it to employee to resolve
• Report situation to _______________
• With ____________ authorization in minor cases, resolve
situation on informal basis if appropriate
• _____________ to arrange for investigation where informal
procedure inappropriate
• Support investigation, including protecting complainant and
confidentiality
• Where _____________ approved, discipline perpetrators
• Provide remedy to victim
• Prevent retaliation
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21. Risks of Failing to Respond: Legal Outcomes
• Formal complaint to Human Rights Tribunal or
other tribunal, usually against both the employer
and perpetrator
• Civil lawsuit for assault or “constructive dismissal”
• Criminal charges in some circumstances
• Both the employer and the individual harasser can
be liable to pay damages
• If harassment is physical, workplace safety
obligations are triggered
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22. Liability
Who can be held liable for harassment and
discrimination?
• Employer
• Managers/supervisors who perpetrate or who condone
• Individual workers
The Company will not be responsible for
defending perpetrators acting contrary to policy or
outside the scope of their jobs
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23. Workplace Dating
The Company strongly discourages “dating” or
personal relationships between supervisor/senior
and subordinate junior employees
• All such relationships must be reported immediately
• One or both employees may have to resign or agree
to other job changes
The Company discourages dating between
co-workers and with suppliers and customers
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24. Workplace Dating
Why?
Other employees may perceive favouritism or be
offended or uncomfortable with the relationship
If the relationship ends, troubles often begin
• Claims that the relationship was unwelcome
• Poor evaluations – retaliation
• Hostile workplace interactions
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25. Manager Proactive Responsibilities
Know and communicate the Company’s policy
against harassment/discrimination
• Make sure the staff in your group are aware of the
Policy and your commitment to the Policy
• Never turn a blind eye or a deaf ear – always point
out questionable behaviour (even if it is not in your
group) and contact _____________ to help deal with it
where necessary
• Encourage employees to report any possible instance
of harassment/discrimination
• Be a role model!
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26. Company Policies on Harassment and Discrimination
Managers need to be familiar with, follow and refer
employees to Company policies
• See pages _________ of the current Employee
Manual
• Reference the PowerPoints from this training
• If you have questions, contact ______________
The Company will be rolling out updated new
comprehensive policies soon.
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27. Thank You
J. Geoffrey Howard
Partner
Employment and Labour Law
Suite 2300, 550 Burrard Street
Vancouver, British Columbia V6C 2B5
Phone: 604-891-2279
Fax: 604-683-3558
Email: geoffrey.howard@gowlings.com
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