Understanding Workplace Issues

Part 1

Understanding Workplace Issues

Part 1

Workplace and
Employment

Before we get into various workplace issues, it is important to understand what we mean when we say “workplace.” The definition of workplace may seem obvious to many employees who routinely enter their place of employment in the morning, afternoon, or evening, sign in or sit at their desks and begin their work for the day. But what about working from home arrangements? Travelling to an assembly? A summer student?

Workplace and
Employment

Before we get into various workplace issues, it is important to understand what we mean when we say “workplace.” The definition of workplace may seem obvious to many employees who routinely enter their place of employment in the morning, afternoon, or evening, sign in or sit at their desks and begin their work for the day. But what about working from home arrangements? Travelling to an assembly? A summer student?

Common Workplace Issues

Harassment

The legal definition of harassment is “to engage in a course of vexatious comment or conduct that is known or ought to reasonably be known to be unwelcome”. There are several components to this definition that can be broken down into parts.

Course of Comments

A “course” of comment or conduct means that harassment is typically more than one incident (although one incident, depending on severity, can still constitute harassment)

Vexatious

“Vexatious” means conduct that cause feelings of frustration, annoyance, and/or shame and vulnerability.

Unwelcome

When an incident “ought to reasonably be known as unwelcome,” it means others would also define it as harassment.

Common Workplace Issues

Harassment

The legal definition of harassment is “to engage in a course of vexatious comment or conduct that is known or ought to reasonably be known to be unwelcome”. There are several components to this definition that can be broken down into parts.

Course of Comments

A “course” of comment or conduct means that harassment is typically more than one incident (although one incident, depending on severity, can still constitute harassment)

Vexatious

“Vexatious” means conduct that cause feelings of frustration, annoyance, and/or shame and vulnerability.

Unwelcome

When an incident “ought to reasonably be known as unwelcome,” it means others would also define it as harassment.

DISCRIMINATION & HUMAN RIGHTS

Discrimination includes negative attitudes that can be expressed as “isms” (ageism, sexism, racism, etc.)

and refer to a way of thinking about other persons based on negative stereotypes about race, age, sex, etc. When people are stereotyped, all people in the group are given the same characteristics, regardless of their individual differences.

DISCRIMINATION & HUMAN RIGHTS

Discrimination includes negative attitudes that can be expressed as “isms” (ageism, sexism, racism, etc.)

and refer to a way of thinking about other persons based on negative stereotypes about race, age, sex, etc. When people are stereotyped, all people in the group are given the same characteristics, regardless of their individual differences.

Common
Workplace Issues

The legal definition of harassment is “to engage in a course of vexatious comment or conduct that is known or ought to reasonably be known to be unwelcome”. There are several components to this definition that can be broken down into parts:

  • A “course” of comment or conduct means that harassment is typically more than one incident (although one incident, depending on severity, can still constitute harassment)
  • “Vexatious” means conduct that cause feelings of frustration, annoyance, and/or shame and vulnerability.
  • When an incident “ought to reasonably be known as unwelcome,” it means others would also define it as harassment.

It is important to note that identifying harassment is usually based on case-by-case circumstances. For instance, if an employer is providing critical feedback that you do not like as part of their performance management responsibilities, this would not constitute harassment.

Workplace harassment is illegal. Workplace harassment also leads to many non-legal effects, like loss of productivity, physical and psychological harm, staff turnover, low morale, negative publicity, and future recruitment issues. Harassment, if left unchecked, can escalate into workplace violence.

All employees/workers, including supervisors, are required to:

  • Treat coworkers with respect
  • Comply with their workplace’s harassment prevention policy
  • Report incidents of harassment in accordance with their workplace’s reporting procedures
  • Cooperate in any harassment investigations
  • Refrain from reprisals (not retaliate or punish someone who reports incidents of harassment)

Harassment and violence become a human rights violation when the incident(s) arise from discrimination, including being targeted or treated differently, or harassed based on the following protected grounds:

  • Disability
  • Age
  • Creed
  • Sex/pregnancy
  • Family status
  • Marital status
  • Sexual orientation
  • Gender identity
  • Gender expression citizenship
  • Race
  • Place of origin
  • Ethnic origin
  • Colour
  • Ancestry

GENERAL HARASSMENT OR HUMAN RIGHTS VIOLATION

As an employee facing difficulties in the workplace such as harassment and/or discrimination, the ability to identify and communicate the type of issue you are experiencing may help you in seeking a resolution. For instance, general harassment and discrimination based on the protected code grounds listed above are two different experiences.

The following decision tree may aid you in understanding different types of harassment. This will help you be able to spot them when you see them and know what avenues might be available, what legislation might apply, and where you would want to call for legal information, which is found at the beginning of Part II of the toolkit.

There can be many grey areas where there is not a clear distinction between general harassment and discrimination. You are not expected to determine this alone. Whether you call a legal aid clinic or other public legal information centres, they will do their best to point you in the right direction based on a particular situation.

Lateral violence is a form of bullying and harassment that may impact First Nation communities. It differs from general workplace violence in that it is a cycle of abuse rooted in factors such as colonization, oppression, intergenerational trauma and the ongoing experience of racism and discrimination. When trying to resolve or get help for an issue of lateral violence, it will most likely be resolved in the same ways as other forms of harassment. These pathways are outlined in Part II of the Toolkit. However, it can be helpful to know when a particular situation is lateral violence, as it will likely need a more trauma-informed approach and a culturally-specific resolution.

EXAMPLES OF LATERAL VIOLENCE:

  • Nonverbal intimation (raising eyebrows, making faces, eye rolling)
  • Sarcasm
  • Yelling or using profanity
  • Handing over work assignments with unreasonable deadlines or duties that will ensure the person will fail
  • Obvious name calling
  • Bickering
  • Making snide comments and remarks
  • Being purposely unavailable to meet with staff
  • Whining
  • Blaming
  • Making jokes that are offensive by spoken word or email
  • Belittling a person’s opinions
  • Making up and/or exaggerating scenarios
  • Repeating rumours
  • Undermining activities
  • Using put downs
  • Gossiping
  • Ignoring, excluding, or freezing out people
  • Withholding information or giving the wrong information purposely
  • Constantly changing work guidelines
  • Blocking requests for a promotion, leave or training
  • Not giving enough work so the individual will feel useless
  • Refusing to work with someone
  • Backstabbing
  • Complaining to peers and not confronting the individual
  • Failing to respect privacy
  • Breaking the confidences of others

When someone is experiencing lateral violence, it can cause the following mental, emotional, and physical issues. It is important for an employer, human resources, and health and safety committees to be able to spot the following harms that are created by lateral violence so that they know when someone may need help:

  • Sleep disorders – either too little or too much sleep;
  • Changes in eating habits – either eating more or less or differently;
  • Weight loss or gain;
  • Moodiness;
  • Self-doubt – you question all your decisions and abilities;
  • Decreased self confidence;
  • Feelings of worthlessness;
  • Forgetfulness;
  • Chronic anxiety;
  • Depression;
  • Emotional and teary eyed;
  • Missing work more often; and Weakening immune system – getting sick or illnesses more frequently

A workplace may be experiencing lateral violence when there is an atmosphere of the following:

  • High staff turnover;
  • Loss of corporate history;
  • Low morale;
  • Decreased customer service;
  • Increased financial costs;
  • Increased absenteeism;
  • Lack of teamwork; and
  • Unhealthy competition

A workplace where there is gossip, discriminatory remarks, and negative attitudes, even if it is not directed towards anyone in particular, can create a poisoned work environment. For instance, if a co-worker makes a comment about a customer, patient, or community member that involve their age or reputation in the community, it can cause anxiety or worry that these opinions are held about employees in the workplace.

While a poisoned work environment is not harassment, it relates to the discrimination and psychological well-being in the workplace. Much like the atmosphere created by lateral violence, it is damaging to the employee’s well-being and overall productivity in the workplace.

Whether the employer overhears these remarks or are informed by an employee, they have an obligation to address it and create a more positive, inclusive work environment. Having the proper policies and protocols in place, such as the ones in Part II of this toolkit, is a minimum standard for creating this type of work environment.

The Canadian Centre for Occupational Health and Safety describes family (domestic) violence as any form of abuse or neglect that a child or adult experiences from a family member, or from someone with whom they have an intimate relationship. It has also been described as the abuse of power within relationships of family, trust or dependency that endangers another person.

Overall, family (or domestic) violence is a pattern of behaviour used by one person to gain power and control over another with whom they have or have had an intimate relationship. It can include many forms of behaviours.

Although we may think of family (domestic) violence as a private issue, the effects of this violence often enter the workplace due to the impacts it has on mental, emotional, and physical well-being. An employee may receive harassing or threatening phone calls or inappropriate visits from the family member at the workplace. Their experience of violence may affect their workplace performance and attendance, leading to issues at work.

There are additional dimensions to harassment and violence in a family relationship that are unique, such as:

  • Using property, pets, or children to threaten and intimidate

  • Not arriving for child care

  • Economic abuse such as withholding or stealing money, stopping a partner from reporting to work, or from getting or keeping a job

  • Sexual, spiritual, or emotional abuse or neglect

Sexual harassment is defined as unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to negative job-related consequences for the person experiencing harassment. It attacks the dignity and self-respect of the victim, both as an employee and as a human being. Sexual harassment may be a display of economic power or superiority over another person; it can also result from the learning of unhealthy behaviours or boundaries. It is important to be aware of how your actions affect others and learn healthy communication and boundaries with your coworkers or employees.

EXAMPLES OF SEXUAL AND GENDER-BASED HARASSMENT:

  • Demanding hugs
  • Invading personal space
  • Making unnecessary physical contact, including unwanted touching
  • Using language that puts someone down and/or comments toward women (or men, in some cases), sex-specific derogatory names
  • Leering or inappropriate staring
  • Making gender-related comments about someone’s physical characteristics or mannerisms (such as clothing, weight, and appearance)
  • Making comments or treating someone badly because they don’t conform with sex-role stereotypes
  • Showing or sending pornography, sexual pictures or cartoons, sexually explicit graffiti, or other sexual images (including online)
  • Sexual jokes, including passing around written sexual jokes (for example, by e-mail)
  • Rough and vulgar humour or language related to gender
  • Using sexual or gender-related comments or conduct to bully someone
  • Spreading sexual rumours (including online)
  • Making suggestive or offensive comments or hints about members of a specific gender
  • Making sexual propositions
  • Verbally abusing, threatening, or taunting someone based on gender
  • Bragging about sexual prowess
  • Demanding dates or sexual favours
  • Asking questions or talking about sexual activities
  • Making an employee dress in a sexualized or gender-specific way
  • Acting in a paternalistic way that someone thinks undermines their status or position of responsibility
  • Making threats to penalize or otherwise punish a person who refuses to comply with sexual advances (known as reprisal).

HARASSMENT
FLOW CHART

Harassment Flowchart

Click the image to view the full size flowchart