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Serious insight for serious situations.

Serious insight for serious situations.

“She told you what?!” How to use confidant evidence in a workplace investigation

When we ask complainants in a workplace investigation whether there were any witnesses to the events that form the basis of their allegations, it is not uncommon to hear, “Well no, but I told my partner/best friend/colleague everything.” This is especially true in cases of sexual harassment or assault, where the events in question often take place in private, without witnesses present.

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Too scared to say #MeToo: Are you the silencer?

I recently attended a talk at Hot Docs on the book ‘Had it Coming: What’s fair in the Age of #MeToo’ authored by journalist Robyn Doolittle. In this book, Doolittle challenges the social attitude around sexual behaviour and sexual assault. She advances the notion that the “laws aren’t the problem,” as Canada has some of the most progressive sexual assault laws.  Instead, the problem is our attitudes, more particularly the negative attitudes of police officers and those in the justice system, and the myths that pervade those institutions. These attitudes have adversely impacted the way sexual assault complaints are handled in Canada. 

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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?

The Law Society of Ontario’s Discrimination and Harassment Counsel (“DHC”), an organization whose mandate includes providing services to people who have concerns or complaints about discrimination or harassment by lawyers and paralegals, shed light on this topic in its most recent report.

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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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Writing policies and procedures in the era of #MeToo

With the second anniversary of the Bill 132 changes fast approaching (September 2018), my hope is that organizations can use some of this insight to shape future iterations of their own workplace harassment policies which, pursuant to the legislation, must be reviewed on (at least) an annual basis.

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