Workplace Harassment and Violence Prevention Course PDF

**Workplace harassment and violence prevention course for employees (WHVP 101)** Welcome to the virtual course on workplace harassment and violence designed for employees in the banking industry. This course provides a summary of prevention and resolution of harassment and violence in the workplac...

**Workplace harassment and violence prevention course for employees (WHVP 101)** Welcome to the virtual course on workplace harassment and violence designed for employees in the banking industry. This course provides a summary of prevention and resolution of harassment and violence in the workplace. It is specifically designed for all staff and employees of the uranium mining and processing industries including supervisors, managers, executives, and union members. The goal of the course is to: - Increase your knowledge of workplace harassment and violence; - Assist you in becoming familiar with available tools/resources for preventing harassment and violence in the workplace; - Enhance your understanding of the process that can be used to report an occurrence of workplace harassment and violence; - Increase your understanding and awareness of the resolution process involving events of workplace harassment and violence. **Content:** **This course is divided into 4 modules. First, we will begin by examining what is harassment and violence and then we will look at the main changes in the legislation that relates to harassment and violence prevention. Next, we will review how employees can identify or recognize harassment and violence in the workplace and finally, we will discuss key elements in the prevention and** **resolution of events of harassment and violence in the workplace. Course participants are encouraged to take a quiz at the end of this course, to test their knowledge on workplace harassment and violence prevention.** Module 1: Introduction to harassment and violence Module 2: Changes in harassment and violence prevention legislation Module 3: Roles and responsibilities of employers and employees as noted in the Canada labour Code Module 4 : Preventing and resolving events of harassment and violence in the workplace. Module 5: Case study **Module 1: Introduction to harassment and violence** In this module, course participants will learn about the definition of harassment and violence as specified in the Canada labour code, some examples of harassment and violence, relationship between some forms of discrimination and harassment/violence, domestic violence, factors contributing to workplace harassment and violence, and the consequences of harassment and violence in the workplace. 1. **What is harassment and violence** - The building provided by your employer - Third-party locations authorized by your employer - One's place of residence; as approved by your employer to work remotely from home. Therefore, wherever you work as approved by your employer is your workplace; implying workplace harassment can occur in a premise controlled by your employer and in other work locations that are not under the direct control of your employer. - aggressive or threatening behaviour, including verbal threats or abuse - physical assault - spreading malicious rumours or gossip about an individual or a group - persistently criticizing, undermining, belittling, demeaning or ridiculing someone - swearing at someone or using inappropriate language toward them - using the Internet to harass, threaten or maliciously embarrass someone - using the Internet to make sexual threats, or to harass or exploit someone sexually - abusing authority by publicly ridiculing or disciplining a subordinate - abusing authority by soliciting a sexual or romantic relationship from a subordinate, or making social invitations with sexual overtones to a subordinate - making abusive or derogatory remarks or jokes about someone's gender, gender identity or gender expression, sex, or sexual orientation (for example, homophobic remarks) - sexual touching (for example, patting, pinching, caressing, kissing, fondling) - sexual invitations or requests in return for a promise of a reward (such as a promotion) - displaying offensive posters, cartoons or images of a sexual nature - sending inappropriate electronic communications (for example, sexually explicit emails) - domestic violence (also called intimate partner violence, domestic abuse or relationship abuse) is a workplace hazard when it occurs in the workplace, it puts the targeted worker at risk and may pose a threat to coworkers - directly supervise employees, including setting out performance expectations and providing constructive feedback about work performance - take measures to correct performance deficiencies, such as placing an employee on a performance improvement plan - take reasonable disciplinary actions - assign work, and direct how and when it should be done - request updates or status reports - approve or deny time off - request medical documents to support absence from work **1.** **2 Are some forms of discrimination related to harassment and violence** There is a relationship between prohibited grounds of discrimination noted in the *Canadian Human Rights Act* and harassment and violence in the workplace. According to the *Canadian Human Rights Act (CHRA)*, race, age, nationality, ethnicity, religion, sex, sexual orientation, colour, gender identity or expression, marital status, genetic characteristics, disability and conviction for an offence for which pardon has been granted or a record of suspension has been ordered, is considered prohibited grounds. As noted earlier, some of the negative behaviours involving harassment and violence may include these prohibited grounds of discrimination. For example, harassing an employee in the workplace because of their gender identity or expression could be considered a form of workplace harassment. It is worth noting that section 123.1 of the Canada labour code notes that "For greater certainty, nothing in this part shall be construed so as to abrogate or derogate from the rights provided for under the "Canadian Human Rights Act". Thus, you are still entitled to the protections and redress process provided by the CHRA when you file a notice of occurrence of harassment and violence in the workplace regarding any prohibited grounds of discrimination. According to the 2021 annual report -- Taking action against harassment and violence in work places under Canadian federal jurisdiction[^2^](#fn2){#fnref2.footnote-ref}. The industries reporting the most characteristics of discrimination are: Federal Public Services, Public Service Departments and Crown Corporations Road Transportation Banking and Banks Air Transportation Postal Services and Postal Contractors The percentage of top 4 grounds of discrimination in 2021 is depicted below Chart 9: Percentage of top 4 grounds of discrimination in 2021 All Other Industries includes 1) Rail Transportation, 2) Communications, 3) Broadcasting, 4) Indigenous, Aboriginal and First Nations, 5) Pipeline Transportation, 6) Water Transportation, 7) Longshoring, Stevedoring, Port, Harbour Operations and Pilotage, 8) Grain Handling and Grain Elevators, 9) Energy, Mining and Mineral Processing, 10) Feed, Flour and Seed, 11) Interprovincial Infrastructure. **1.3** **Are some forms of harassment and violence criminal acts**? Similar to domestic violence that may eventually make its way to the workplace, some events of harassment and violence in the workplace are under the *Criminal Code of Canada*. For example - making death threats - sharing intimate photos on social media or through the internet - committing voyeurism or exhibitionism - threatening to damage property - committing physical or sexual assault - committing vandalism - asserting power through physical aggression - criminal harassment (stalking) For any emergency related to health or safety, including those related to a criminal act, please call the emergency number provided by your organization or contact your local police immediately. Also submit a notice of occurrence to the person (designated recipient) or the work department that is responsible for receiving and resolving events of harassment and violence in the workplace. **1.4 Why are** **events of harassment and violence not often reported in the workplace** **1.5** **Domestic violence** Domestic violence sometimes referred to as intimate partner violence, is a form of physical, sexual, or psychological harm by a current or former partner, spouse or family member. When an employee experienced domestic violence in an office or while performing work activities away from the office, such an event or occurrence is covered by the *Workplace Harassment and Violence Prevention Regulations*. Some examples of domestic violence covered by the *Workplace Harassment and Violence Prevention Regulations* include: - Your family member harassing you in the workplace - Your spouse sending a threatening email to your boss - Your former partner spreading false information about you - Your family member throwing a rock through your office window **Support for employees dealing with domestic violence** Employees dealing with domestic violence covered by the Workplace Harassment and Violence Prevention Regulations can contact a mental health support expert, their supervisors for support, and also reach out to their designated recipient or department responsible for harassment and violence prevention. You can also use the following link to find family violence resources and services in your area. [[https://www.canada.ca/en/public-health/services/health-promotion/stop-family-violence/services.html]](https://www.canada.ca/en/public-health/services/health-promotion/stop-family-violence/services.html) **1.6** **Factors contributing to workplace harassment and violence** To determine the specific risk factors that can contribute to harassment and violence in your place of work, an assessment of the workplace should be conducted by your employer. There are multiple factors that can contribute to harassment and violence in the workplace. These factors include: 1. Client exposure and interaction: If your work requires interacting with clients, you may be exposed to harassment and violence at work stemming from: 2. Your work environment: Your work environment or its design may augment your risk of harassment or violence occurring. 3. The workplace culture and your work activity 4. Your assigned role and responsibilities at work 5. External factors such as the influence and interference from family members, spouse or partner 6. Other psychological factors. **1.7.1 Personal and organizational cost**: Workplace harassment and violence comes with a huge personal and organizational cost. It goes without saying that the cost may be higher if the perpetrator of harassment and violence in the workplace holds a position of authority. Some examples of associated cost of harassment and violence in the workplace may include: Question 1: According to the Canada Labour code, a workplace can include third-party locations authorized by your employer a. True b. False Answer: The answer is "a" - True. According to the Canada Labour code, a workplace can include: - The building provided by your employer - Third-party locations authorized by your employer - One's place of residence; as approved by your employer to work remotely from home. Question 2: Using the Internet to harass, threaten or maliciously embarrass someone is not an example of harassment and violence. a. True b. False Answer: The answer is "b" - False. Using the Internet to harass, threaten or maliciously embarrass someone is an example of harassment and violence. Question 3: Setting out performance expectations and providing constructive feedback about work performance is an example of workplace harassment and violence a\) True b\) False Answer: The answer is "b" - False Reasonable management actions is not harassment or violence. Supervisors can take the following measures as long as they act respectfully, professionally and in good faith. Such measures can include direct supervision of employees, including setting out performance expectations and providing constructive feedback about work performance. - Addition of references to sexual harassment and sexual violence in the workplace to the Canada Labour code. - Updates to Occupational Health and Safety Act (Part II of the Canada Labour code) to include information on health and safety matters, employer and employee duties and new harassment and violence prevention requirements. - Information governing the practical application of Part II of the Canada Labour Code detailed in the Workplace harassment and violence prevention regulations. - timeframes for resolution to better support the complainant and alleged individual; - confidentiality of all parties involved, including witnesses, throughout the investigation; - protection for employees victimized by a third party (for example, an employee harassed by a client); - the qualifications of a competent person to investigate and provide recommendations; - employer obligations to implement corrective measures in response to the investigation report of a competent person; - a clear outline of the existing and new roles of the workplace committee; and - support to be provided for employees who have experienced workplace harassment and violence. Question 1: What is the main piece of legislation that supports workplace harassment and violence prevention a. Workplace harassment and violence prevention policy b. The Canada Labour Code c. Bill C-65 d. All of the above e. None of the above Answer: The correct answer is "b" - The Canada Labour Code. Question 2: The workplace harassment and violence prevention regulations (the regulations) came into force on January 01st, 2021 but does not contain timeframes for resolution to better support the complainant. a\) True b\) False Answer: The answer is "b" - False The workplace harassment and violence prevention regulations (the regulations) came into force on January 01st, 2021 and contains the timeframe for resolution to better support the complainant and alleged individual. - Ensuring a workplace harassment and violence prevention policy is in place; - Conducting workplace assessment that addresses the risks of harassment and violence; - Ensuring that everyone including the employer and the employees take training on harassment and violence; - Listen to the concerns raised by employees and earn their trust; - Ensure there is a functional department that is in place to receive a notice of occurrence; - Ensure the resolution process following a notice of occurrence is transparent and proceeds in a timely manner. 3.2 Responsibilities of employees Similar to employers, employees have a role to play in preventing harassment and violence in their place of work. As per the Canada Labour Code, 1. [Be respectful]: They should treat everyone with respect; 2. [Eliminate risk factors]: They should work with their colleagues and the employer to identify, remove and prevent risk factors of workplace harassment and violence; 3. [Adhere to procedures]: They should follow the employer's procedure for reporting the occurrence of harassment and violence in the workplace; 4. [Work cooperatively]: They should cooperate with the person designated by the employer to resolve occurrence of workplace harassment and violence. Let's practice: Now that you have gone through module 3, lets' test your understanding on some of the course concepts. Question 1. According to the Canada Labour code, it is the responsibility of an employer to conduct workplace assessment and to ensure that a workplace harassment and violence prevention policy is in place. a\) True b\) False Answer: The correct answer is "a" - True There are multiple responsibilities ascribed to employers as per the Canada Labour code including developing a workplace harassment and violence prevention policy and conducting workplace assessment that addresses the risks of harassment and violence. **Module 4: Measures to** **prevent** **and resolve** **workplace harassment and violence** The Workplace harassment and violence prevention regulation has established a process to support employees that experienced harassment and violence in the workplace. This module presents the measures to prevent workplace harassment and violence including training, workplace harassment and violence prevention policy, and workplace assessment. Participants will also obtain a detailed insight in the resolution process following an occurrence of harassment and violence in the workplace. The process to support employees that have experienced harassment and violence in the workplace, and the measures to prevent and resolve workplace harassment and violence are documented in the *Workplace harassment and violence prevention regulation*. You will recall that in module 1, we examined behaviors and risk factors that could lead to the occurrence of events of harassment and violence in the workplace. Being able to recognize these behaviors is an important step towards preventing workplace harassment and violence. **4.1 Key measures to prevent workplace harassment and violence** Now let's examine the key measures in preventing harassment and violence in the workplace. In addition to establishing emergency procedures, your employer is expected to implement certain measures that collectively support the prevention of harassment and violence in the workplace. There are 3 key measures that should be put in place to prevent harassment and violence in the workplace. These measures include: 1. **Training**: Training on workplace harassment and violence prevention should be mandated as a new hire and every 3 years thereafter. The objectives of the course work should cover the following: - elements that are included in the workplace harassment and violence prevention policy; - how workplace harassment and violence are related to the prohibited grounds of discrimination in the Canadian Human Rights Act; - how one can recognize, minimize, prevent, respond and resolve issues relating to workplace harassment and violence[^5^](#fn5){#fnref5.footnote-ref}. 2. Workplace harassment and violence prevention policy: Putting in place **a workplace harassment and violence prevention policy** which details the process, procedures, support and actions that an organization has established to prevent the occurrence of harassment and violence in the workplace. 3. Conducting a workplace assessment in order to identify risk factors and steps to prevent harassment and violence in the workplace. Of note, it is prudent to review and update your workplace assessment and the workplace harassment and violence prevention policy, following resolution of any event involving harassment and violence in the workplace. **4.3 Understand the resolution process** When an incident of harassment and violence occurs in the workplace, the victim (principal party) or bystander (witness) should submit a notice of occurrence to the "designated recipient" or to the employer's work unit or department responsible for receiving notices of occurrence specifically for harassment and violence. The notice of occurrence must contain the following information: The flowchart below depicts the resolution process following a report of an incident of harassment and violence. The timeline for completing the process should not exceed one year. **Step 1**: The victim (principal party) or a bystander should complete and submit a notice of occurrence. **Step 2**: Negotiated resolution: Upon receiving the notice of occurrence, the designated recipient will acknowledge reception of the notice of occurrence within 7 days. The notice of occurrence is reviewed and the urgency of the situation assessed. Next, a decision needs to be made by the parties involved. The incident is considered resolved if the principal party and the employer (or designated recipient) agree that the event does not meet the definition of harassment and violence in the workplace. The responding party may be informed if deemed appropriate. However, you can continue with the resolution process if at least one of the following conditions is met. -All 3 parties (Principal party, your employer and designated recipient) agree that the occurrence meets the definition of harassment and violence; -Your employer and designated recipient thinks the occurrence does not meet the definition, but you believe it meets the definition. **Step 3**: Conciliation: Conciliation comes into play when either the principal party or all 3 parties agree the occurrence meets the definition of harassment and violence. Conciliation is mediated by a 3rd party. It involves mediation and alternative dispute resolution. Conciliation occurs when both parties are willing to take part and agree on who will facilitate the process. Potential conciliators include Professional mediators, Elders, Colleagues, supervisors, religious leaders etc. As part of conciliation, the conciliator will help both the principal and responding party discuss the issues from both their perspective and will help explore solutions that work for both parties. It is important to note that the principal party can choose to initiate an investigation (step 4) at any point in the conciliation process. **Step 4**: Investigation An investigation is the last step of the resolution process. It can be initiated when the negotiated resolution (step 2) or conciliation (step 3) fails to resolve the issue or if the principal party (victim) requests an investigation. The parties shall be notified by the designated recipient or your employer that an investigation is in process. The occurrence or the event will be investigated by a selected investigator who at the end of the process, will prepare a report that includes a description of the event, conclusion and recommendation for preventing, minimizing and/or eliminating the occurrence of similar events. The report should not reveal the identifying information of the principal and responding parties such as; name, address, date and time. Your employer will provide a copy of the report to all parties including the health and safety committee. The employer should not use the findings of the investigator's report for following: - Monetary payment to the principal party for damages - Replenishing sick leave - Disciplinary measures against the responding party - Granting of any additional paid or unpaid leave Let's practice: Now that you have gone through module 4, lets' test your understanding on some of the course concepts. Question 1. What measures can be instituted by employers to prevent or limit harassment and violence in the workplace. a\) Workplace harassment and violence prevention policy b\) Conducting a workplace assessment c\) Training on workplace harassment and violence prevention d\) All of the above e\) a and b f\) a and c Answer: The answer is "d" - All of the above. In addition to establishing emergency procedures, your employer is expected to implement certain measures that collectively support the prevention of harassment and violence in the workplace including: - Having in place workplace harassment and violence prevention policy - Conducting a workplace assessment - Providing training on workplace harassment and violence prevention Question 2: What is the next step in the resolution process after a victim or bystander submits a notice of occurrence. a\) Investigation b\) Conciliation c\) Negotiated resolution d\) None of the above Answer: The answer is "c" -- Negotiated resolution. **Module 5: Case Study** This section of the course is optional. Some of the information included this section of the course may be disturbing to some course participants. All names, characters, businesses, places, events and incidents mentioned below are used in a fictitious manner. Any resemblance to actual persons, living or dead, or actual events is purely coincidental. Scenario: We all have a role to play in the prevention of harassment and violence in the workplace. Zita is an experienced staff in Bank of Emericium. She has been in her current position for over 5 years and has successfully led multiple initiatives. She is the "go-to" person at your branch and she is widely recognized as a rising star. Recently, a new employee "Sondri" joined your team from another department. Sondri is an immigrant from Africa with a bachelor's degree. She hardly talks during team meetings but when she speaks, everyone is amazed at her insight and the thoughtfulness she brings to the conversation. She is very detail-oriented and her reports are impeccable. Within a few months, she became the new go-to person in your team, and your Manager - Tom Scott, and Directors began assigning high-profile tasks to Sondri and referring other staff to her for mentorship. This rapid switch from Zita to Sondri is creating tension within your team and Zita began banding up with a few employees to challenge the work of Sondri. First, they began organizing external lunch meetings where other members of your team were invited to except Sondri. During team meetings, "Zita and her friends" will repeatedly complain about Sondri's accent. They will ask her to repeat almost every sentence claiming they didn't get her. In one of such meetings, Zita openly told Sondri that her accent was too heavy and un-Canadian, and that she didn't understand her entire presentation. After one of her key presentations that was plagued with accent-related comments, Sondri overheard some of the staff saying "they don't know why management keeps hiring people who are "mute" and "shabby" like Sondri. Some said black people like Sondri don't belong here and others said, "is she really a female?", if so, why is her voice so heavy and her head so big?. Zita noted "I wouldn't be able to spot her in a room without external lighting. She is really black ! Everyone started laughing. At the beginning, Sondri began ignoring these comments but the more she pretended to be unaware of the comments, the more "Zita and friend" kept harassing her. She couldn't take it anymore. She became distressed and would cry at work to which some of her colleagues referred to as "crocodile tears". She began isolating herself from work and requesting permission not to attend team/bureau meetings. She could not focus on any task and couldn't meet any of her deadlines. A few weeks later, Sondri collapsed while at work, became unconscious and was rushed to the hospital? Use the text boxes provided in this section of the course to answer the following questions. Please, note that there are no wrong answers. 1\. What do you think Sondri could have done to prevent the situation? 2\. What is the contribution of Zita and how could she have prevented this situation? 3\. What are the contributions of other employees and how could they have prevented the situation? 4\. Is there anything the Manager (Tim Scott) could have done to prevent the situation? 5\. Is there anything the employer could have done to limit, minimize or prevent the occurrence of the above events? Quiz ::: {.section.footnotes} ------------------------------------------------------------------------ 1. ::: {#fn1} https://www.canada.ca/en/employment-social-development/programs/workplace-health-safety/harassment-violence-prevention.html\#Examples\_of\_harassment[↩](#fnref1){.footnote-back} ::: 2. ::: {#fn2} 2021 annual report -- Taking action against harassment and violence in work places under Canadian federal jurisdiction. https://www.canada.ca/en/employment-social-development/services/health-safety/reports/2021-workplace-harassment-violence.html[↩](#fnref2){.footnote-back} ::: 3. ::: {#fn3} Government of Canada publishes new regulations to prevent harassment and violence in federal workplaces. https://www.canada.ca/en/employment-social-development/news/2020/06/government-of-canada-invites-canadian-workplaces-to-get-ready-for-new-regulations-against-harassment-and-violence.html. Accessed on 2023---06-17.[↩](#fnref3){.footnote-back} ::: 4. ::: {#fn4} Work Place Harassment and Violence Prevention Regulations: SOR/2020-130. https://canadagazette.gc.ca/rp-pr/p2/2020/2020-06-24/html/sor-dors130-eng.html. Accessed on 2023-06-17[↩](#fnref4){.footnote-back} ::: 5. ::: {#fn5} \[Regulations 12(1) and (2)\][↩](#fnref5){.footnote-back} ::: :::