The Employer’s Perspective

Sexual harassment constitutes a form of psychological harassment within the meaning of the Act respecting labour standards (ALS), which expressly includes conduct of a sexual nature under section 81.18. As such, the employer has an obligation to take reasonable steps to prevent psychological harassment and, once such conduct is brought to its attention, to put a stop to it (s. 81.19 ALS). Since January 1, 2019, this obligation has also included adopting and distributing a psychological harassment prevention policy that includes a component addressing conduct of a sexual nature (s. 81.19 ALS).

Beyond the ALS, the employer must protect workers’ health, safety, and physical and psychological integrity under section 51 of the Act respecting occupational health and safety (AOHS). This obligation requires prompt intervention as soon as a complaint is made or the employer is informed of a concerning situation. The CNESST recommends, among other things, ensuring confidentiality, assessing immediate risks, conducting an impartial investigation, and putting temporary measures in place to protect the individuals involved (CNESST, Guide on Psychological or Sexual Harassment in the Workplace).

If the investigation confirms that harassment did in fact occur, the employer must impose proportional corrective measures, which may go as far as dismissal depending on the severity of the conduct. The employer must also ensure that no reprisal is taken against the victim or against anyone who cooperated with the investigation, since a workplace free from discrimination and respectful of dignity is protected under sections 4, 10, and 46 of the Charter of Human Rights and Freedoms.

Victims of sexual harassment can face a significant dilemma: report the situation at the risk of harming their own professional reputation or that of the person being accused, or remain silent in order to avoid conflict or judgment. In this context, it is essential that workplaces foster a safe and caring environment where victims feel heard, supported, and confident enough to seek help and report inappropriate behaviour.

The Victim’s Perspective

A victim of workplace sexual harassment has several avenues of recourse to have their rights respected. The first step is to preserve all relevant evidence, including emails, text messages, screenshots, or notes describing the events. The CNESST also recommends recording the dates, locations, individuals present, and the specific behaviour in question in order to facilitate the investigation (CNESST, Guide on Psychological or Sexual Harassment in the Workplace).

The victim can then report the situation to their immediate supervisor, the human resources department, or the person designated under the organization’s internal policy. If the supervisor is the one involved, the complaint should be directed to another responsible person in accordance with the employer’s policy. In a unionized workplace, the collective agreement generally provides for a grievance procedure, and the union can support the employee throughout the process.

When the employer fails to put an end to the situation or does not act adequately, the victim can file a complaint with the CNESST under sections 123.6 and following of the Act respecting labour standards (ALS). Since sexual harassment is a form of psychological harassment, the individual benefits from the protections provided under that Act. In addition, discriminatory conduct based on sex infringes the right to equality and to respect for dignity guaranteed under sections 4 and 10 of the Charter of Human Rights and Freedoms. Depending on the circumstances, a recourse before the Human Rights Tribunal may also be considered.

The Witness’s Perspective

A witness to a situation of sexual harassment plays an important role in preventing this type of conduct. Although the Act respecting labour standards does not create a general obligation requiring an ordinary colleague to report a situation of harassment, many employers provide for such a responsibility in their internal policy or collective agreement. In addition, the CNESST encourages witnesses to report situations they become aware of in order to foster a healthy and safe workplace (CNESST, Guide on Psychological or Sexual Harassment in the Workplace).

Under section 49 of the Act respecting occupational health and safety, every worker must take the necessary measures to protect their own health and safety as well as that of other individuals present at the workplace. While it does not explicitly require reporting, this provision encourages a collaborative attitude aimed at preventing psychosocial risks, including harassment.

The witness’s role becomes even more important when they hold a management position. Indeed, as soon as a manager is informed of a situation of harassment, that knowledge is generally attributed to the employer, who is required to prevent and put a stop to the harassment in accordance with section 81.19 ALS. The manager must therefore pass the information on to the appropriate individuals and cooperate fully with the investigation. Finally, when a witness is called upon to take part in an internal investigation, they must provide honest, objective, and complete testimony so as to enable the employer to fulfill its legal obligations.