CLIMATE CHANGE
Lawyers, HR experts say Ghomeshi and other cases have helped spark more claims
Lawyers, HR experts seeing surge in workplace harassment claims,
A powerful Canadian Olympic Committee president, a marquee radio host and a former Ontario premier — the list of high-profile men accused of sexual harassment in the workplace just keeps growing.
More victims are coming forward to challenge what was once tolerated, whether it’s inappropriate hugging and kissing, in the case of former COC head Marcel Aubut, or more serious accusations as in the Jian Ghomeshi case.
“I think Ghomeshi caused a sea change in the same way Clarence Thomas did (25) years ago in terms of people understanding what sexual harassment was,” says Howard Levitt, senior partner in Levitt Grosman LP. “I’ve seen a flood of new claims.”
Thomas, chosen to sit on the U.S. Supreme Court, was accused during public hearings in 1991 by attorney Anita Hill of sexual harassment during the time she had worked for him.
Thomas denied the allegations and was confirmed in the job, which he still holds, but the highly publicized case raised awareness of the issue.
Many more complaints are being handled out of the spotlight in workplaces big and small, public and private, say employment lawyers and human resources experts.
Often not as dramatic as the ones that make headlines, they’re part of a wider conversation about what is and what isn’t appropriate in the workplace these days.
“The number of investigations I’ve been involved in as a consultant where there’s a complaint of bullying or harassment has increased significantly,” says human resources consultant Antoinette Blunt, president of Ironside Consulting Services.
That doesn’t mean it’s easy for victims to come forward, women’s organizations say.
Many who have contacted reporters have insisted on anonymity, fearing reprisals either in their careers or social media.
“I think there’s an increased general awareness that leads to more complaints,” says Andrea Gunraj, program director at METRAC, a nonprofit group that works to prevent violence against women.
“It’s still really difficult to come forward,” she adds. “People might decide to accept a situation, maybe tell a friend, but not tell the employer. They don’t want to make waves, especially if it’s their boss.”
It’s not that there’s more harassment now. In fact, there may be less, due to laws such as Ontario’s Bill 168, which brought harassment under the Health and Safety Act.
But there is less tolerance, more accountability and more reporting since the law came into effect in 2010, employment lawyers say.
“It goes further than discrimination or misogyny and treats harassment as a workplace hazard,” says Brian Wasyliw at employment and labour law firm Sherrard Kuzz LLP.
High-profile cases, such as the allegations against Canadian Olympic Committee president Marcel Aubut, are also having an impact. And not just on victims. They’re making employers more cautious, said David Whitten, a partner with Whitten & Lublin in Toronto.
“Back in the day, employers would wait until absolutely the last minute, try to push it under the covers,” Whitten says.
“Now, the slightest hint of a harassment allegation and they’re engaging in a process.
“Unfortunately, we’re still seeing the rare case, where men in high positions — and it’s usually men though there are a few women — where they just really haven’t got the big picture. They think, ‘Hey I’m at the top of the organization, I’ve got a storied history. Why wouldn’t a woman want to hear a compliment from me about her looks?’ ”
Aubut, 67, resigned after accusations of unwanted physical contact, kisses and sexual references. The allegations are unproven and he has not been charged. The Olympic committee has appointed employment lawyer Christine Thomlinson to review policies and recommend improvements. Aubut has issued a public apology.
The CBC was publicly castigated for bungling its response to allegations about Ghomeshi. The radio host was later fired and charged with criminal offences. This month he pleaded not guilty to charges of sexual assault and choking.
The lawyer hired by CBC to investigate its handling of the situation found it failed to provide a safe workplace “free from disrespectful and abusive behaviour” and that CBC’s failure to act on complaints effectively “condoned this behaviour.”
In David Peterson’s case, both the ex-premier and the TO215 Pan Am/ Parapan Am Games, which he then chaired, said they would defend against allegations contained in a $10-million lawsuit.
The complainant, Ximena Morris, 34, a manager with the Games, filed a statement of claim in August alleging Peterson inappropriately embraced her and publicly suggested she would make a good flamenco dancer and should get up on the table. She claimed she’d been demoted after complaining about Peterson to senior managers. The allegations have not been proven in court.
Bill 168 requires employers to train employees on what constitutes behaviours they know or ought to have known would be unwelcome, and set up a process to handle complaints.
When a complaint is laid, the accuser is asked to provide any evidence they may have. The accused is asked to respond.
The penalties, depending on the accusation, can range from a warning to a suspension to firing.