“ANY TIME THAT A SEXUAL HARASSMENT COMPLAINT COMES UP, IT HAS TO BE TAKEN SERIOUSLY. IF IT’S NOT ADDRESSED IN AN APPROPRIATE WAY, AN EMPLOYER COULD FIND THEMSELVES LIABLE FOR SIGNIFICANT DAMAGES.” – CRAIG STEHR, NELLIGAN O’BRIEN PAYNE LLP

On March 9, 2016, the Ontario government’s new Sexual Violence and Harassment Action Plan Act (“Bill 132”) passed Royal Assent and became law. Bill 132 amends the Occupational Health and Safety Act and requires employers to create, or revisit their Harassment/Workplace Violence Policy and program.

The Bill provides for an expanded definition of Workplace Harassment, first introduced in 2009 with Bill 168 (Violence/Harassment in the Workplace). With recent judgments of $150,000 and $300,000, being awarded for two different workplace sexual harassment/assault cases, employers can no longer afford to ignore this legislation and must ensure their policies/practices correctly reflect what is required.

Some of the main impacts to Employers are:

1. A new statutory duty for employers to investigate “incidents and complaints” of workplace sexual harassment, so an employer is required to investigate even if there is not a formal complaint made.
2. A Ministry of Labour inspector can order an employer to conduct an investigation by a third party, if there is an incident and the employer fails to investigate, or if it’s determined that the investigation was biased, failed to include the necessary parties, or was otherwise flawed.
3. Under the new legislation, both parties must be informed in writing of the investigation results and of any corrective action, even though employers are not currently required to prepare written reports, or inform anyone of the investigation results.

Employers must ensure that:

• They have a Workplace Violence & Harassment Policy and Program in place (That reflects the new wording), which includes wording on workplace investigations that complies with Bill 132
• They have trained all their employees on these policies and programs
• This policy is reviewed annually (For employers with 6 of more employees)
• Someone has received training on investigating workplace harassment complaints; or should have access to an unbiased third party that can investigate complaints
• They train all supervisors on workplace harassment so they can identify “incidents and complaints” of workplace harassment.

In addition, amendments made at Committee include:

• The Ministry of Training, Colleges and Universities Act and the Private Career Colleges Act, 2005 will now permit the surveying of students/others on the school’s sexual violence policy. They will also require an annual report on the incidents/complaints of sexual violence made and the programs developed to promote awareness
• A change in the definition of “sexual violence” applicable to community colleges, universities and private career colleges to include an act targeting a person’s gender identity or gender expression
• A new requirement in the Occupational Health and Safety Act that an employer shall consult with the committee or a health and safety representative, to develop/maintain a written program to implement the workplace harassment policy
• The Bill should be consulted for coming into force information. HRSP is experienced with policy development and training on this new legislation. If your organization needs help with implementing the requirements of #Bill132, please give us a call at 416-564-0174.

Andrea MacLean, CHRP is the Managing Director for HR Strategic Partners, an HR Outsourcing and Leadership Coaching company. You can follow HR Strategic Partners on Twitter at @HRSP_CA, or check out their website at www.hrstrategicpartners.ca.