Yang: | Ottawa Citizen

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Have you ever felt compelled to hug a coworker who made inappropriate demands? Have you ever found yourself nodding or blushing in response to a coworker’s inappropriate comments? Have you ever been “accidentally” touched by a co-worker? Or have you encountered a coworker who goes out of her way to offer help for no clear reason, forcing you to return the favor or tolerate her inappropriate behavior?

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These troubling experiences are often ignored, raising significant concerns about workplace harassment.

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Despite the introduction of provincial and federal laws aimed at regulating employers’ responsibilities to ensure a safe workplace, eradicating workplace harassment remains a challenge.

Workplace bullying can manifest itself in subtle ways today. It is imperative that management teams recognize that bullying can manifest itself in a variety of ways and that overlooking subtle types of bullying effectively supports such behaviors.

More often than it should, this type of harassment goes unreported because one’s preference for maintaining non-hostile working relationships takes precedence over subjective personal comfort. It is particularly alarming that teenage girls who work part-time may disproportionately experience these unpleasant experiences. Often lacking sufficient work experience, these young employees may find it difficult to seek help, especially when faced with inappropriate behavior from a senior or permanent member of staff.

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Several factors contribute to this vulnerability.

Part-time employees often perform less critical tasks, making it difficult for senior management to recognize their concerns.
Training for part-time workers is often minimal, as the investment may not be considered justified, given the transitory nature of many part-time positions. As a result, part-time workers may not be fully aware of their rights, the appropriate channels to report problems, or even recognize certain behaviors as inappropriate.

The diversity of educational, cultural and religious backgrounds among workers can lead to different interpretations of what constitutes harassment. For example, many foreign workers may not realize that demanding hugs is considered inappropriate in workplaces in countries like Canada.

It is crucial that companies implement comprehensive training programs for all employees, part-time and full-time, that go beyond government guidelines on workplace conduct and include effective mechanisms for reporting harassment. Meanwhile, the success of these programs depends on the company’s zero-tolerance policy toward harassment and the effectiveness of the reporting process and subsequent actions.

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For example, many companies have implemented anonymous reporting mechanisms to protect employees from retaliation and foster an environment where employees feel safe to report misconduct. However, the effectiveness of these anonymous systems in cases of harassment is debatable.

Perpetrators often work closely with their victims, compromising anonymity in situations with few victims, as they can deduce who filed the report after the warning. This can undermine the security and confidentiality of anonymous reporting systems, potentially deterring victims from reporting for fear of retaliation.

This dilemma highlights the need for a more robust strategy in handling harassment complaints, one that not only encourages reporting but also ensures genuine protection and support for victims throughout the process.

It is unfortunate that there is no simple answer on how to protect victims or how to deter perpetrators. The difficulty in gathering evidence of this type of workplace harassment is also evident: is it really that bad that someone wants to give you a hug? Even if it were, what kind of punishment can or should be imposed on the employee who demands a hug? In other words, what is the right balance?

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In my opinion, while preventive training plays a crucial role in ensuring that all employees understand ethics and standards in the workplace, it is more important that governments and companies work together to build a robust and transparent system that strike a balance between protecting victims and punishing perpetrators. This approach not only helps in the immediate handling of harassment cases, but also establishes a culture that deters such behavior from occurring in the first place.

chujun Yang He is a law student at the University of Ottawa

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