Workplace Harassment Policy and Investigation

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Questions and Answers

What is an essential step in investigating a harassment complaint?

Interviewing all witnesses together

Conducting a thorough investigation in a timely manner (correct)

Not documenting the investigation

Only considering the accused's perspective

What is the Ontario Human Rights Code's provision for employees with disabilities?

They are entitled to receive the same benefits as other employees (correct)

They are entitled to fewer benefits than other employees

They are excluded from benefit, pension, or group insurance contracts

They are not entitled to compensation from the employer

Under what circumstances can an employer avoid liability for harassment?

If the employer failed to act to prevent or stop the behaviour

If the harassment is committed by a managerial employee

If the employer is diligent in preventing and responding to harassment (correct)

If the employer has a harassment policy in place

What is the role of the Ontario Human Rights Tribunal?

To receive and investigate human rights applications Signup and view all the answers

What is a possible remedy that the tribunal may order?

Unlimited monetary compensation Signup and view all the answers

What is the purpose of the Occupational Health and Safety Act?

To protect workers from violence and harassment Signup and view all the answers

When can the tribunal defer an application?

If the same subject matter is being dealt with in another proceeding Signup and view all the answers

What is an employer's responsibility when receiving a human rights application?

To develop a thorough response Signup and view all the answers

Under what circumstances can clients or customers be liable under the Code?

If they knew of or had control over the situation and failed to act Signup and view all the answers

What is the role of the Human Rights Legal Support Centre?

To provide free legal advice to applicants Signup and view all the answers

What is an exception to the accommodation requirement?

Medical or personal attendants Signup and view all the answers

What is the purpose of Special (Affirmative Action) Programs?

To help disadvantaged groups achieve equal opportunity Signup and view all the answers

Why should employers set out a position's essential duties?

To determine if a person is capable of performing the job Signup and view all the answers

What is the consequence of infringing the Code even if a discriminatory ground is only one of several reasons for an employment decision?

The Code is infringed Signup and view all the answers

What should employers avoid in job advertisements?

Including qualifications that exclude members of protected groups Signup and view all the answers

When can questions relating to protected classes be asked?

After a conditional offer of employment has been made Signup and view all the answers

What is the purpose of keeping the Code in mind during the hiring process?

To avoid discriminatory practices Signup and view all the answers

Why is pre-employment alcohol and drug testing potentially discriminatory?

Because substance dependencies are considered forms of disability Signup and view all the answers

What is the aim of the hiring process?

To focus on each candidate's ability to perform the essential job duties Signup and view all the answers

What is the consequence of not accommodating candidates who test positive for substance dependencies?

The employer is liable for discrimination Signup and view all the answers

What is the primary purpose of the Ontario Human Rights Code?

To right a wrong Signup and view all the answers

In which areas of social activity does the Ontario Human Rights Code protect individuals from discrimination?

Services, goods, and facilities, accommodation, contracts, employment, and membership in vocational associations and trade unions Signup and view all the answers

What is the primary consideration when determining whether an accommodation would cause undue hardship?

The cost and availability of outside funding Signup and view all the answers

What is the primary difference between an agent and an employee?

An agent represents a third party, while an employee works directly for the employer Signup and view all the answers

What is the primary liability of an employer in terms of workplace harassment?

To ensure that no discrimination occurs in the workplace Signup and view all the answers

What is the primary responsibility of an employer in terms of accommodating employees with disabilities?

To provide reasonable accommodations unless it causes undue hardship Signup and view all the answers

What is the primary consequence of breaching the Human Rights Code?

Civil remedies Signup and view all the answers

In which of the following areas is discrimination prohibited?

All of the above Signup and view all the answers

Study Notes

Harassment Policy and Investigation

Staff should be trained on the policy and procedures and sign off on it annually
When investigating a harassment complaint, employers should:
- Investigate in a timely manner
- Ensure the investigator is unbiased and properly trained
- Give the accused a chance to adequately respond
- Follow set policies and procedures
- Ensure witnesses are interviewed separately
- Ask non-leading questions
- Interview third-party witnesses
- Document the investigation
- Keep an open mind
- Consider the entire context

Employee Benefit Plan

The Ontario Human Rights Code provides that an employee excluded from a benefit, pension, or group insurance contract due to a disability is entitled to compensation from the employer
Employees absent from work due to a disability are entitled to receive the same benefits as those not working for other reasons
Employers may be vicariously liable for the discriminatory acts of their agents and employees in the workplace
Employers are directly liable for the actions of management
Employers may avoid liability for harassment by non-managerial employees if they can show diligence in preventing and responding to harassment

Human Rights Applications

The Ontario Human Rights Commission advocates for human rights and promotes public understanding of human rights requirements
The Ontario Human Rights Tribunal receives applications and has broad procedural and substantive powers to investigate
The Human Rights Legal Support Centre provides free legal advice and assistance to people making a human rights application
Employers who receive an application should immediately develop a thorough response
The tribunal may defer an application if the same subject matter is being dealt with in another proceeding
The tribunal has broad remedial powers and may order monetary compensation, non-monetary restitution, or performance of anything the tribunal feels ought to be done

Occupational Health and Safety Act

Aims to protect workers from violence and harassment

Recruitment, Selection, and Hiring

The Code protects job applicants as well as employees
Employers should ensure they set out a position's essential duties, since only they may be used in deciding whether a person is capable of performing the job
Employers have a duty to accommodate unless it would cause undue hardship, which must be proved on a balance of probabilities
Employers should broadly advertise positions to avoid perpetuating discriminatory practices
Advertisements should not contain qualifications that exclude members of protected groups
Questions on applications should not directly or indirectly classify candidates by prohibited grounds
Interviewers should not ask questions that relate to protected grounds unless the answer could legally form the basis of a hiring decision

Hiring Processes

Pre-employment medical or fitness exams should take place only after a conditional offer of employment has been made
Tests that measure job-related skills are acceptable but should take care to avoid discriminatory requirements
Employers should aim for a fair process that focuses on each candidate's ability to perform the essential job duties

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Description

This quiz covers the importance of training staff on harassment policy and procedures, as well as the steps to properly investigate a harassment complaint in the workplace.