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Two recent studies out of the United States are sobering reminders that workplaces still have work to do in combatting sexual harassment. Tulane University’s National Study of Sexual Harassment and Assault in the United States (“Tulane Report”) found no significant change in the prevalence of workplace sexual harassment between now and their first study conducted in 2018.
In our practice as workplace investigators, we regularly conduct investigations into allegations of sexual misconduct. Investigations are critical to ensuring a fair outcome and a safe work environment when these types of serious allegations are made.
Over the past several years, high profile allegations, investigations, and findings of sexualized violence in sports have garnered significant media attention, both within Canada and around the world. As a workplace investigator who focuses on investigations and assessments in the education sector, these incidents have gotten me thinking about the intersection between secondary and post-secondary institutions, athletes, and misconduct.
In recent weeks, allegations have been raised about actor/comedian Russell Brand regarding various instances of sexual assault, emotional abuse, and bullying from four anonymous women. As outlined below, this story provides several important takeaways for employers and investigators who deal with these issues.
Some of the most serious forms of workplace or institutional investigations will involve the investigation of allegations of sexual assault. For post-secondary institutions (“PSIs”), incidents of sexual assault are, unfortunately, not uncommon. As evidenced by recent stories in the media, incidents of sexual assault can also arise in a variety of other workplaces and organizations.
When HR departments become aware of a complaint, they should ask themselves the threshold question: If what is alleged is true, does it breach our policies or statutes? A recent decision of the British Columbia Human Rights Tribunal (“the Tribunal”),…
In 2019, the Ontario Court of Appeal (ONCA) released its decision in Merrifield v. Canada (Attorney General), reversing a trial court decision and definitively ruling there to be no independent tort of harassment. The plaintiff, an employee of a police force, had made a claim of harassment and bullying which he asserted negatively impacted his career and caused him emotional distress.
During orientation week at the outset of last fall’s semester, reports over social media alleged that up to 30 women may have been drugged and sexually assaulted at one of Western’s campus residences. In response to these allegations, students planned a walkout, police were called to investigate, and Western implemented mandatory sexual violence awareness…
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