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Serious insight for serious situations.

Serious insight for serious situations.

Looking in the Mirror: Harassment in Legal Workplaces

Whether advocating for a client before the Human Rights Tribunal, drafting a Respect at Work Policy or assisting a client with engaging a workplace investigator, many lawyers are familiar with providing advice about harassment at work, but how many of us have thought about harassment in our own workplaces?

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Believing Women While Remaining Neutral: Conducting sexual harassment and sexual violence investigations in a post-#metoo world

In the last two years, “I believe women” has become a frequent comment in discussions about sexual harassment and sexual violence. It’s an important one, given the negative experience that many women have had when trying to report sexual abuse, including low conviction rates for perpetrators and a feeling that their stories were not heard.

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What happened on the bus – bad faith complainant or victim of sexual harassment and assault? (Part 1)

An employee complained that she had been sexually harassed by her male supervisor. The employer conducted an internal investigation and concluded that the sexual encounter had been consensual, and therefore sexual harassment had not occurred. The complainant was fired for making a bad faith complaint. An arbitrator came to the opposite conclusion. He found that the complainant had, in fact, been subjected to sexual harassment and sexual assault. He reinstated her job and ordered compensation for lost wages and benefits.

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But I Did an Investigation…: BC Human Rights Tribunal Weighs in on Investigative Gaps in Discrimination Case

The law on harassment investigations tells us that an employer must conduct an investigation that is “reasonable” and “appropriate in the circumstances.” The challenge is to know what the exact content of a reasonable and appropriate investigation is, particularly when the workplace issue to investigate appears to be like a puzzle with missing pieces whose final picture is constantly shifting.  

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