Human Rights Legislation Group
Queen's University-
Meeting Highlights
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Meeting #2: Workplace Harassment
- Red Button Issue: Written Complaint
- Red Button Issue: Verbal Complaint
- Excuse: Workplace culture of joking
- Excuse: Promise of confidentiality
- Excuse: Alleged harasser does not work here
- Excuse: Complainant does not work here
- Excuse: Alleged harasser is a manager
- Excuse: Complainant did not come forward
- Inadequate Response for coworkers
- Inadequate Response for Complainant
- Remedial action leads to retaliation
- Meeting the Test: Employer's Response
- Accessibility
- Non-Code Harassment
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Meeting #3: Accessibility and Accommodation
- Hydro-Quebec
- McGill University
- Honda v Keays
- Hayes v Yukon College
- United Brotherhood
- Senyk v WFG Agency Network
- Kerr v Boehringer
- ADM Milling Co
- ADGA Group
- Toronto Police Association
- Hill v University of Waterloo
- Unger v B.C. College of Optics
- Lenihan v British Columbia
- CB v Emergency
- MF v Capilano Golf and Country Club
- J.B. v Fraser Milner Casgrain
- Gooding
- Brewery, Winery and Distillery Workers
- Direct Energy and Communications
- Manitoba Government
- Communications, Energy and Paperworkers
- Das
- Hickey
- Harris
- Meeting #4: Religious Discrimination and Accommodation
- Meeting #5: Sexual Harassment and Assault
- Meeting #6: Bill 168
- Meeting #7: Roundup
- Meeting #8: Mental Disability and Bill 168 Roundup
- Meeting #9: Roundup (including Bullying)
- Meeting#10: Aboriginal Issues
- Meeting #12 Accommodation Roundup
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Meeting #2: Workplace Harassment
Red Button Isse: Verbal Complaint
Bottom Line
If an employer receives a verbal complaint of workplace harassment, it has a duty to respond quickly and effectively.
Workplace Harassment
In Gough v C.R. Falkenham Backhoe Services, the complainant was the only black employee working for a construction company. For five years, he was the target of racist stories, comments and slurs by coworkers. During this time, he was consistently given the worst jobs and denied the opportunity to advance in the company by his supervisor.
Failure to Respond
When he went off-site to complain to management, nothing was done.
Ruling of the Human Rights Board
When called before a Human Rights Board, the employer claimed that it had been unaware of any racial harassment occuring on the construction site. The Board found that the employer was aware of workplace harassment and should have taken immediate and effective action. The Board also warned that ignoring a complaint of workplace race harassment (including not investigating) is tantamount to giving consent to race discrimination/harassment . It awarded the employee $8000 in general damages.