Reporting workplace harassment is hard. Here's what workers and employers need to know

When Liz LeClair was dealing with sexual harassment at work, she spent years thinking it was just something she had to put up with as part of her job.

It wasn't until the height of the #MeToo movement in 2018 that LeClair, a professional fundraiser based in Halifax, realized she didn't have to accept the harassment. 

"A lot of the things that I felt really uncomfortable about were really things that we had sort of socialized and normalized," she said. 

In 2019, LeClair wrote an op-ed about her experience with sexual harassment in the non-profit sector. She's now an advocate against gender-based violence and sexual harassment in the workplace. 

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She and other experts say workplace harassment and bullying are still often veiled in secrecy, with many people deciding not to report it because of the high personal and professional cost. 

Experts say there are systemic and cultural challenges to reporting workplace harassment. That includes non-disclosure agreements (NDAs), which can be used in workplaces to silence people who come forward with human rights complaints.

Human rights complaint

In Canada, there is no legal recourse against workplace harassment outside of a human rights complaint, LeClair said. To file one, you must believe your rights were violated and that your employer did not protect you, she said.

In LeClair's case, the person she reported as having sexually harassed her was a donor, not someone employed by the organization she worked for at the time.

The human rights complaint would have been against her organization, not the individual in question.

"It doesn't really feel right to hold your employer accountable for someone's bad behaviour," LeClair said. 

Many companies and organizations have workplace harassment policies, but LeClair said that based on the numerous stories she's heard from people, it's rare those policies work to protect employees.

She said most end up leaving their workplaces because of these difficulties — and that many don't come forward at all. 

Process fails 'time and time again'

It's a situation Linda Crockett is familiar with as the founder of the Canadian Institute of Workplace Bullying Resources. 

"[People] see the process fail time and time again. They watch somebody else speak up and that person is retaliated against or they're transferred out, or the person that's bullying them is promoted or given a bonus," Crockett said. 

"There's some very valid reasons why people don't come forward."

Crockett founded the institute 12 years ago after experiencing bullying in the workplace. 

She searched for resources in Canada and found nothing, so she decided to use her skills as a social worker to help others. 

Crockett works with employers and employees who want to prevent harm, intervene during a crisis, or are recovering from psychological harassment, which includes bullying, discrimination and racism. 

That sort of harassment can harm your identity and reputation, Crockett said, and also impact your financial safety. 

"It attacks your source of income, your livelihood, your benefits," she said. "What if you have a sick child at home, or a sick spouse, or you're sick and you need these benefits?"

Small communities face bigger challenges

Reporting workplace harassment can be even more challenging if you work in a small community, experts say.

"It makes it very hard to do your job when there's a really small pool of people that have a lot of power and influence, [like] in the Maritime region," said LeClair. 

Those are nuances that Wendy MacIntyre often has to deal with as an HR consultant with resolveHR in Charlottetown. 

It makes it very hard to do your job when there's a really small pool of people that have a lot of power and influence.- Wendy MacIntyre

When an employer on P.E.I. is considering hiring somebody, they often ask other people what they know about the person, MacIntyre said. That's confidential information that should never be shared, she said.  

"It could be tainted information like, 'Yeah, that one's always complaining. They're always saying that they're being bullied, but really they're just not doing their job and I have to crack the whip,'" MacIntyre said.  

"When word gets around, it can ruin somebody's reputation."

What the legislation says

The Canada Labour Code defines "harassment and violence" as "any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee." 

Crockett said the act needs a sub-category that defines psychological harassment, and that there must be a better way to enforce it. 

Canadian provinces and territories all have different laws and definitions of workplace harassment.

In Prince Edward Island, it all falls under the Occupational Health and Safety Act.

MacIntyre said it's complaint-based.

"It could be anything from treating people differently or ostracizing a certain employee," she said. "There's still some vagueness to it."

Know your rights

Experts say if you think you are a target of workplace bullying, it's important to document every incident — even small things. 

"Find something in your phone to keep a note of the date and time something happened.… You can only remember so much," Crockett said. 

They say you should know your rights, what the company's harassment policy is and what your HR department and union can do. 

There's some very valid reasons why people don't come forward.— Linda Crockett

Crockett said it's also important to find someone you trust to talk about it, whether that's inside or outside your organization. 

If you do decide to come forward, you should know it will likely be challenging, LeClair said. 

"A lot of people you know will stop talking to you. A lot of people you were close with will surprise you in how they don't support you," she said. "I think that that can be really emotionally damaging."

LeClair said it's also OK if you decide not to come forward.

What employers can do 

There is a lot employers can do to create a culture where staff feel safe reporting harassment, experts say. 

That includes annual training on bystander culture, third-party confidential reporting, and boards and leadership teams trained in trauma-informed response, LeClair said.

"If people are reporting to you and you're seeing a spike, that doesn't mean you have a dysfunctional workplace: It means you have a culture where people feel comfortable coming forward," she said. 

On the HR side, MacIntyre advises employers to make sure everyone in the organization understands the policies around harassment, and how to tell whether something is bullying or isn't.

For a small workplace, moving on after an incident of harassment can be tough, she said. 

"To prove that you're changing a culture is ... really hard, and no situation is the same as another," MacIntyre said.