Yang: | Ottawa Citizen

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Have you ever felt coerced into hugging a co-worker who demanded it inappropriately? Have you ever found yourself nodding or blushing in response to a co-worker’s inappropriate comments? Have you ever been “accidentally” touched by a co-worker? Or have you encountered a co-worker who goes out of their way to offer help without a clear reason, compelling you to either return the favor or tolerate their inappropriate behaviour?

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These troubling experiences are so often ignored, raising significant concerns about workplace harassment.

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Despite the introduction of provincial and federal acts aimed at regulating employer responsibilities to ensure a safe workplace, eradicating workplace harassment remains challenging.

Workplace harassment may manifest in subtle ways these days. It is imperative for management teams to acknowledge that harassment can manifest in various forms, and that overlooking subtle types of harassment effectively supports such behaviours.

More often than it should, this type of harassment goes unreported because one’s preference to maintain non-hostile work relationships takes precedence over addressing subjective personal comfort. It is particularly alarming that teenage girls working in part-time positions may disproportionally go through these unpleasant experiences. Often lacking sufficient work experience, these young employees may struggle to seek help, especially when facing inappropriate behaviour from a senior or permanent staff member.

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Several factors contribute to this vulnerability.

Part-time employees typically engage in less critical tasks, making it harder for their concerns to be acknowledged by senior management
Training for part-time workers is frequently minimal since the investment may not be seen as justified, given the transient nature of many part-time roles. Consequently, part-time workers may not be fully aware of their rights, the appropriate channels for reporting issues, or even recognize certain behaviours as inappropriate.

The diversity in educational, cultural, and religious backgrounds among workers can lead to varied understandings of what constitutes harassment. For instance, many foreign workers might not realize that demanding hugs is considered inappropriate in workplaces in countries like Canada.

It is crucial for companies to implement thorough training programs for all employees, part-time and full-time, that extend beyond government guidelines on workplace conduct and include effective harassment reporting mechanisms. In the meantime, the success of these programs hinges on a company’s zero-tolerance policy towards harassment and the effectiveness of the complaint process as well as the subsequent actions.

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For example, many companies have implemented anonymous reporting mechanisms to shield employees from retaliation and to foster an environment where employees feel safe to report misconduct. However, the effectiveness of such anonymous systems in harassment cases is debatable.

Perpetrators often work closely with their victims, compromising anonymity in situations with few victims, as they can deduce who lodged the complaint upon reprimand. This can undermine the safety and confidentiality of anonymous reporting systems, potentially deterring victims from coming forward due to fear of reprisal.

This dilemma highlights the need for a more robust strategy in handling harassment complaints, one that not only encourages reporting but also ensures the genuine protection and support of victims throughout the process.

It is unfortunate there is no simple answer on how to protect victims or how to deter perpetrators. The difficulty in gathering evidence for this type of workplace harassment is also obvious: is it really that bad when someone wants to give you a hug? Even if it is, what type of punishment can be or should be imposed on the employee demanding a hug? In another word, what is the proper balance?

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In my opinion, while preventive training plays a crucial role in ensuring that every employee understands workplace ethics and standards, it is more important that governments and companies work together to build a robust, transparent system which strikes the balance on protecting victims and punishing perpetrators. This approach not only helps in the immediate handling of harassment cases but also establishes a culture that deters such behaviour from occurring in the first place.

Chujun Yang is a law student at the University of Ottawa

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