workplace harassment lawyer play in a harassment investigation
Your employer has a duty to investigate any claim of harassment or discrimination and, in some cases, the investigation may need to involve a human rights lawyer. The role of a workplace harassment lawyer is to ensure that the investigative process meets the legal standards for a fair and thorough investigation.
A victim of harassing behaviour can file a complaint with the Human Rights Tribunal of Ontario or, depending on the terms of their employment contract, can sue for redress under their contract or provincial legislation. It is important to document all instances of inappropriate behaviour in writing (emails, letters, notes, etc) and keep detailed accounts of verbal or physical incidents, including dates and times. These documents can help build a case to prove that the person was subjected to an unwelcome work environment.
In a case of alleged workplace harassment lawyer, an investigation should be launched by the employer as soon as possible. In most cases, an HR professional will conduct the investigation and interview witnesses. The investigator should be unbiased and not have pre-conceived ideas about the outcome of the investigation. For example, if the complainant is a Black female who recently immigrated to Canada from Egypt and reports that her manager is displaying racial bias, the employer should treat the complaint as seriously as it would a sex discrimination complaint against a white male manager.
What role does a workplace harassment lawyer play in a harassment investigation?
There are several types of harassment that can occur in the workplace, ranging from offensive language to unwanted sexual advances and requests for sexual favours. Harassment can also include physical actions such as grabbing or hitting and may be directed at anyone, not just the target.
To be considered workplace harassment Ontario, the offensive behavior must create a hostile or intimidating work environment that affects the victim on a personal level, not just in relation to their job performance. In addition, the offensive behavior must be a repeated act or pattern and not a single incident.
Some forms of harassment are blatant, while others are subtle and difficult to notice. For instance, an employee can be subjected to quid pro quo harassment when a manager offers something of value in exchange for a sexual favor. This type of harassment is illegal and requires a thorough investigation to resolve.
After a harassment investigation, the employer must take effective action to address any violations found. Depending on the findings, this could include disciplining the harasser or assigning them to a different manager. In some cases, it may be necessary to remove the person from the workplace if they are a danger to other staff.
However, it is important to note that a decision to remove an employee could violate the right of employees to engage in concerted activity under the federal Labour Code. If a termination is necessary, the investigation into the allegations must be thorough and complete. This includes considering whether there was a valid reason to terminate and a reasonable alternative to termination, such as suspension.
