Sexual Harassment Archives - Page 5 of 9

See something, (don’t) say something: New research on witnessing workplace harassment

December 4, 2019 | By Elizabeth Bingham

Time and again we see a familiar story play out in the media and in our work as workplace investigators: troubling behaviour on the part of one or more employees that many other employees witnessed, but never reported to anyone. This is one of the most vexing problems those of us who care about addressing and preventing workplace harassment and discrimination face: why do so many people see or hear about inappropriate behaviour in the workplace and remain silent? And how can we motivate these witnesses – who we refer to as bystanders – to speak up?

All I want for Christmas… is a harassment-free office holiday party

December 2, 2019

There’s a crispness in the air that reminds me that winter is just around the corner. At the risk of being “that person,” I love this season; sitting by a crackling fire with my family and a cup of tea is what I consider perfection. Like me, some human resources departments are also gearing up for their end-of-year gatherings – apparently, office holiday parties are back in style.

Trauma and credibility: The Ontario divisional court reviews a “he said, she said” case of sexual harassment

November 26, 2019

In 2018, the Ontario human rights tribunal case A.B. v Joe Singer Shoes Limited received a lot of attention because of its high damages award – $200,000 for the Applicant’s pain and suffering from of over 20 years of sexual harassment by her boss, Mr. Singer. But when Mr. Singer sought judicial review of this decision, it was not the quantum of the damages that was at issue; it was the Vice-Chair’s assessment of the parties’ credibility. Since this was a “he said, she said” case – there were no direct witnesses to Mr. Singer’s conduct – the Vice-Chair determined that Mr. Singer had engaged in sexual harassment, even though he denied doing so, because she believed the Applicant (Ms. B.) and did not believe Mr. Singer.

Fine line between deception & honesty – Understanding a reluctant party

November 11, 2019 | By Dana J. Campbell-Stevens

In my previous life, before becoming an investigator, I lived in the world of private legal practice, both in the Caribbean and in Ontario, Canada. In that role, I had the opportunity of interacting with persons of diverse social, cultural and racial backgrounds, persons of varying personality types and persons with experiences that had shaped their life or the way they interacted with others. There were many occasions where the persons with whom I interacted, whether as their advocate or as opposing counsel, were seemingly not forthcoming with the information that I needed to illicit. The typical or traditional thinking is that they are not forthcoming because they are either lying or have something to hide.

#MeToo at two – Has anything changed?

November 6, 2019 | By Janice Rubin

A few weeks ago, I was part of a panel on TVO. The discussion centred on what had changed in the two years since the #Me Too Movement had begun. Much to my surprise, I seemed to be the sole voice on the panel who thought that the needle on the sexual harassment dial had moved at all.

At the risk of sounding like a Pollyanna, let me explain why I believe things have changed. I do so from the vantage point of someone who leads a large team of lawyers, lawyers who investigate complaints of sexual harassment across the country, in English and in French, and in every conceivable type of workplace.

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

October 17, 2019 | By Elizabeth Bingham

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.

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

October 4, 2019 | By Dana J. Campbell-Stevens

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.

Straight and gay: Two cases of sexual misconduct at Canadian universities

June 20, 2019

Most reported cases of sexual misconduct on university campuses follow a common narrative: a male professor engages in sexual misconduct with female student. This scenario pits sexual violence advocates against institutions and engages the media. But what happens when the narrative changes?

Serious insight for serious situations.