The Ontario Human Rights Commission defines sexual harassment in employment as:

“Sexual harassment is a type of discrimination based on sex. When someone is sexually harassed in the workplace, it can undermine their sense of personal dignity. It can prevent them from earning a living, doing their job effectively, or reaching their full potential. Sexual harassment can also poison the environment for everyone else. If left unchecked, sexual harassment in the workplace has the potential to escalate to violent behaviour.

Employers that do not take steps to prevent sexual harassment can face major costs in decreased productivity, low morale, increased absenteeism and health care costs, and potential legal expenses. Under the Ontario Human Rights Code, sexual harassment is “engaging in a course of vexatious comment or conduct that is known or ought to be known to be unwelcome.” In some cases, one incident could be serious enough to be sexual harassment.”

Did you know?

Even though employers are required by law to take action preventing and responding to sexual harassment, recent polling by Abacus Data suggests it continues to be a widespread problem in most Canadian workplaces. Yet 56% of all Canadians say they’re personally aware of sexual harassment occurring in their workplace – 12% describe it as “quite common.” Troublingly, the survey also finds seven-in-ten Canadians say co-workers who sexually harassed women faced no consequences at all for their actions.

Workplace violence and harassment are not new,
they’re merely so normalized and ignored.

The long term damage and effects of this apathy and inaction leads to grievous outcomes for women, trans people and their communities. In 2018, the Angus Reid Report showed us this stark reality for women and feminized people in the workplace.

The devastation on the individual, their mental health, their families health and the health of your team is too much of a cost. Investing in safety means investing in gender-based violence prevention and response that is survivor-centric and equitable.

Here is what 100 women and non-binary professionals and employees in the Hospitality and Live Music Industry reported back to the Dandelion Initiative in 2019 when we asked:

What would you need to feel safer at work?

1. A culture that discourages harassment, violence, bullying, sexism, racism, etc and management that is easy to talk to if something arises.

2. Policies around sexual violence that are shared with all staff no matter their level of 'importance,' as well as the enforcement of those policies. 

3. Transparency of policies, healthy communication, intentional practices, accountability measures that are clear and accessible, workplaces that aren't "politically neutral".

4. More female management, diverse leadership, and better leadership training to teach management how to address sexual harassment when it arises.

5. A workplace that values physical, mental, emotional safety. To know I am able to talk to my employers, managers, or other staff members if a guest is making me uncomfortable, or if someone on staff is making me feel unsafe. 

6. Demonstrating values all the time, not just in training / HR environments. 

7. A more structured and professional environment helps feel that there is a clear line between what is and isn’t acceptable behaviour so it’s possible to note when something is crossing a line.

8. More diverse and queer hires, especially FOH (front of house) staff not just BOH (back of house)

• Ignore harm and become complacent to it in the space which increases our collective liability and risks in our workplace.

• Create blame instead of proactive solutions or responses.

• Feel powerless in risky situations. 

• React to harm instead of preventing it.

To prevent and respond to gender-based violence in the workplace we need a commitment from people in positions of power and leadership to uphold cultures of consent and gender-equity.

What can work and what doesn’t when it comes to creating workplaces that prevent or respond to gender-based violence?

Creating cultures of consent starts with you and the environment that, as an employer, you create for your teams. Policies are only effective if there is a culture of consent and equity to put those policies into practice.

Did you know?

The New York City Human Rights Commission released a campaign that really highlights why consent is critical in the workplace to maintain safety and mitigate harm.

Domestic Violence/Family Violence, also known as Intimate Partner Violence, is dangerous for everyone, not just for the survivors/victims and their children.

Although all people can experience domestic violence, women and children are most commonly subjected. Some women are more vulnerable to family violence or face increased barriers to accessing domestic violence services or support.

Domestic Violence is not just a family or private issue, it is a workplace occupational hazard that you can prevent and respond to.

If you are an employer, in Ontario you will need to ensure you have a domestic violence policy and procedures either stand-alone or as part of your workplace anti-sexual harassment and gender-based violence policy. 

The following stats and research are referenced from Guidelines for developing workplace domestic violence policy.

• 54% of domestic violence victims miss three or more days of work a month. 

• 25% of employees have experienced domestic violence.

• 22% of workers report that they have worked with someone who has been a victim of domestic violence. Domestic violence often follows victims to work.

Most women (70%) suffering from domestic violence are victimized at work.

The most common things that abusers do are:

• calling over and over to harass the victim

• showing up at the workplace to harass the victim

• watching the victim from across the street 

• contacting their co-workers or friends while they are at work to determine their location

It is not the employer’s responsibility to report domestic/sexual violence to the police outside of a workplace investigation unless this person is held to a standard of practice with a duty to report, which your professional college or advisory would notify you of.

Did you know?

If an employer calls the police or initiates a formal investigation without the survivor/victim’s knowledge or consent or if the employer coerces or pressures the employee, she or they may experience increased violence at home and/or separation from their children? It often does not help the survivor.  It also increases the chance of severe harm to the survivor/victim from not only their abuser but from various systems as well.

Did you know?

Everyone in Ontario has a duty to report child abuse Reporting abuse and neglect.

What is the law in Ontario, really?

The Occupational Health and Safety Act states that it is an employer’s duty to take all reasonable precautions to protect a worker from domestic violence at work (s 32.0.4). 

• This means if you believe a worker is experiencing domestic violence, intimate partner violence, and/or family violence, it is your obligation to check in with that employee and offer support and resources.

• You cannot formally report this or call the police without the victim’s consent.

• Domestic violence is a collective issue, not a private issue and with many people working from home it is now more than ever a workplace issue.

Read more through our shareables below and keep going with this good learning!

Are you interested in learning what a domestic violence prevention and response policy could look and sound like? Read our Learning Brief on Domestic Violence in the workplace.

So, how can I tell if someone at work is experiencing violence and what can I do?

The best way to check in or bring offerings to the table is slowly and without pressure. You can be really honest and up front or you can use other methods. Regardless of what you do to offer support, remember it is not about you or your feelings. The survivor/victim may reject your help and please don’t take that personally, remember your privilege in the situation and just continue to treat the survivor with respect and fairness.

Some ways to check in or offer support:

1. Offering companionship “Hey Linda, If you ever want to just go for a walk during our lunch break I would really like the company.”

2. Offering your phone number “Hey Lou, here is my cell number, if you ever want to chat after work I’m a great listener and friend”

3. Offer resources and actions like this guy below:

Express concern and open the door, you will have resources and support to guide you through in your workplace, review your policy and call a shelter or women’s organization to help you if you need additional resources.

What are signs of abuse in the workplace?

Adapted from: Warning signs, Canadian Labour Congress, Canada.

Some warning signs that someone may be experiencing domestic violence may include:

• Physical injuries such as broken bones, a black eye or loss of hearing, which people who are experiencing abuse may attribute as “accidents” or “from being clumsy”

• Inappropriate clothing for the season (such as long sleeves or turtlenecks in the summer or wearing sunglasses indoors)

• Uncharacteristically late or absent from work, wanting to work extra hours to avoid going home

• Change in job performance: errors, slowness, lateness, absenteeism, lack of concentration

• Sudden signs of anxiety and fear

• Making special work requests (such as to leave work early)

• Generally acting isolated and quiet

• Emotional distress including sadness, depression, or suicidal thoughts

• Minimizing or denying harassment or injuries

• Excessive phone calls, emails or text messages. Reluctance to respond to phone messages. Others at work may overhear or witness insulting messages intended for the victim

• Sensitivity if people ask about home life or trouble at home

• Disruptive visits in the workplace by past or current partner

• Fear of job loss

• The sudden appearance of gifts (such as flowers) after an apparent dispute between the couple

These warning signs are intended to help direct your intuition and ask questions. Never jump to conclusions. Even if you think someone may be abused according to these warning signs, it does not mean that they are in an abusive relationship. Allow this list of warning signs to spark dialogue with a member. Remember that the most dangerous time for women separating from an abusive partner is just before she leaves, when she leaves and just after she leaves! Even though separating can make you safer in the long run, you need to be very careful when you decide to separate and as you go through the separation process. To protect yourself, get help. Call the local women’s shelter or Assaulted Women’s Helpline at 1.866.863.0511 or TTY 1.866.863.7868

Sexual violence is rooted in gender hierarchies, dominance, and unequal power arrangements based on misogyny and racism. It is not an act of sexual desire; it is a crime of disempowerment and violence.

Examples in Law

A breakdown and clear examples from the Ontario Human Right Commission Policy on Preventing Sexual and Gender-Based Harassment 

What is an Anti-harassment Lead (AHL) or in Ontario sometimes known as an Anti-harassment officer (AHO)?

An anti-harassment lead or officer, will be designated and paid through their workplace or through a volunteering role to act as the first point of contact and support for someone that needs to disclose harassment or violence at work or in a space.

An AHL would typically have the responsibility to:

1. Be named and listed in the space/company’s anti-harassment and anti-gender-based violence policy as the main point of contact and lead 

2. All staff have access to this lead and the lead has a replacement in case of conflict of interest or other reasons the lead could not provide support and receive disclosures

3. AHL has been trained in human resources, trauma-informed care, human services or Law. 

4. AHL is informed and knows how to take a disclosure vs a formal report 

5. AHL is survivor-centric in approach

6. AHL will provide informed consent to all 

7. AHL will role model consent and consent culture

“Having to discuss or disclose sexual violence and harassment can also be traumatic. Even if there may not be physical injuries that can be seen, psychological injuries can be severe, compromising a survivor’s capacity to feel safe in the world and return to work and earn a living.” 

As challenging as it can be to receive disclosures of sexual violence, we must remember the impact of ignoring or dismissing disclosures. Ignoring disclosures not only puts the individual in danger but has lasting negative effects on your workplace culture and community because ignoring violence means enabling it. It is also illegal. An employer must ensure an investigation appropriate to the circumstances is conducted.

You do not need to be an expert in sexual violence or counselling to respond to disclosures of sexual violence in informed, survivor-centric ways. The way you respond and the path you take to ensure accountability is critical to a survivor’s health and rights. See our reference list for incredible community facilitators and training options.

Throughout our Now Serving: Safer Spaces Training we have had many profound conversations with HR and staff representatives in AHL roles throughout various sectors. We took our data and feedback from these training sessions and created a list of best practices for developing anti-harassment and GBV prevention and response policies and practices.

Very important for policy developers and employees to know:

There should always be written clarification between an informal disclosure and a formal disclosure. There should always be a clear distinction in writing that shows a survivor/employee the difference between a formal report in the workplace or disclosure to the AHL or lead in hopes of seeking support. 

Keep going: Why do you think we recommend this?

Example: 

• Disclosure: the sharing of information about an incident in hopes of receiving support, more information or other 

• Report: is the sharing of information with the intention of initiating a process either criminal – reporting to the police or non-criminal, reporting within the workplace through the workplace policy

• Most workplaces only have formal reporting options. Why do you think that is?

Important: When a survivor is coming to you to share their story, seek support, disclose or report, you need to make sure that you give them the RIGHT information they need before their disclosure, during or after. You can listen or take down notes: either way, you want to minimize how often or how many times a survivor will have to re-share their experience or the crime with you or someone else.

Why do I need to know all of this?

1. To guide and inform your language, reactions and approaches, many survivors do not disclose because of shaming, disbelief, victim-blaming or re-traumatization. You can mitigate harm by providing survivor-centric responses and processes.  If you are in this position, it is a responsibility we hope you take seriously and with dignity. 

2. To ensure you are providing clear directions and options for control to the person disclosing, many AHL’s operate based on their internal policy however, never share those policies with the survivors/employees. Make sure you give informed consent and let the survivor know all their options before offering to support them in their decision-making. 

3. To provide choices that are fair and equitable and meet OHSA standards, the CODE and the Law. 

4. To ensure that you conduct your documentation and “investigation” in safer ways. Many AHL’s and HR approach investigating reports of sexual harassment and violence as “investigating like a cop or judge.” This is NOT survivor-centric and also not best practice.

   You are not a police officer or a judge, you are investigating by:

   • Collecting statements in survivor-centric ways 

   • Collecting documents

   • Organizing timelines and events or event description 

   • Notifying and organizing the communication between the company and the complainant and or defendant

   • Providing UNBIASED feedback to the decision-making committee or person

5. To empower the survivor, your space, yourself and your workplace consent culture.

All AHLs should be able to answer these questions and provide survivors with support if they have accepted this role and paid for this role. If you need to explore the website more please do so and reach out for training or support from organizations and professionals that provide these services.

Believe survivors. Change the culture.