Organizations responsibility to investigate potential harassment concerns

[clethbridge@homebridgeyouth.ca]

#108265

Forum: Community

An employee spoke to her supervisor during routine daily meeting and mentioned that a male coworker made her feel uncomfortable by touching her and saying things that she found unsettling. She said that other female coworkers have said that they don’t like working with him as well for similar reasons. She did not tell him that she did not like what he said or did. The Supervisor asked if she wanted to discuss this further to create a plan to speak with him or perhaps file a complaint under the harassment prevention policy. The employee went away and thought about it and came back to her supervisor to say that she didn’t want to do anything about the situation.

At what point should an employer proceed with an investigation into behaviour of this nature, even if the “victim” does not want to be involved. Can the employer be held responsible if this employee is doing the same with other female coworkers and we do nothing because the victims don’t want to lay a complaint?

[Haley O’Halloran]

#108276

An employer’s duty to address workplace harassment does not depend on whether an employee chooses to file a formal complaint. Under Ontario’s Occupational Health and Safety Act (OHSA), once an employer becomes aware—or ought reasonably to be aware—of potential workplace harassment, it has a legal obligation to take appropriate steps to assess and respond to the situation.

In this scenario, the employer has been informed that an employee experienced unwanted touching and comments from a coworker and that other female employees may have had similar experiences. Even though the employee later indicated that she did not want to pursue the matter, these allegations are serious enough that the employer should not simply ignore them. An employer that fails to act after becoming aware of potential harassment could face legal and regulatory consequences if similar incidents occur in the future.

A formal complaint from the affected employee is not required for an employer to investigate. The employer should assess the information available, consider the seriousness of the allegations and whether there may be an ongoing risk to others, and determine whether a workplace harassment investigation or preliminary fact-finding process is appropriate. If the employee chooses not to participate, the employer should respect that decision as much as possible while explaining its obligation to maintain a safe workplace.

The supervisor should document what was disclosed, report the concern to HR or the individual responsible for workplace harassment matters, and avoid promising complete confidentiality, as an investigation may be necessary. Depending on the circumstances, the employer may also need to implement interim measures to protect employees while the matter is being assessed.

Check out our harassment investigation policy and workplace harassment investigation checklist.

-HRInsider Staff

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