If you have many employees, this example of an anti-harassment policy can guide you in developing your own policy. It is written for distribution in XYZ Company, a fictitious organization.

3.1 ANTI-HARASSMENT POLICY STATEMENT

TO:  ALL EMPLOYEES
DATE:
SUBJECT: Policy Statement for XYZ Company

Our commitment to a safe and respectful work environment

At XYZ Company, we are committed to providing a safe and respectful work environment for all staff and customers. No one, whether a manager, an employee, a contractor, or a member of the public, has to put up with harassment at XYZ Company, for any reason, at any time. Likewise, no one has the right to harass anyone else, at work or in any situation related to employment. This policy is one step toward ensuring that our workplace is a comfortable place for all of us.

Harassment is against the law

The Canadian Human Rights Act and the Canada Labour Code protect us from harassment. The Criminal Code protects us from physical and sexual assault. You have a right to live and work without being harassed, and if you are harassed, you can do something about it. This policy tells you what to do if you experience harassment at work, or if you, as a manager or an employee, become aware of a harassing situation.

XYZ Company promises to treat all complaints of harassment seriously, whether they are made informally or formally. We undertake to act on all complaints to ensure that they are resolved quickly, confidentially, and fairly. We will discipline anyone who has harassed a person or group of people. We will discipline managers who do not act properly to end harassment. At XYZ Company, we will not put up with harassment.

Sincerely, Ms/Mr ABC, President

3.2 INFORMATION FOR VICTIMS

How to identify harassment

Any unwelcome behaviour that degrades, demeans, humiliates, or embarrasses a person

Harassment is any behaviour that demeans, humiliates, or embarrasses a person, and that a reasonable person should have known would be unwelcome. It includes actions (e.g. touching, pushing), comments (e.g. jokes, name-calling), or displays (e.g. posters, cartoons). It may be a single incident or continue over time. The Canadian Human Rights Act protects employees and people receiving goods and services from harassment that is related to their race, national or ethnic origin, colour, religion, age, sex, marital status, family status, disability, pardoned conviction, or sexual orientation.

Disrespectful behaviour, also known as "personal" harassment, is also covered in this policy. While it also involves unwelcome behaviour that demeans or embarrasses an employee, the behaviour is not based on one of the prohibited grounds named above.

Sexual harassment

Sexual harassment includes offensive or humiliating behaviour that is related to a person's sex, as well as behaviour of a sexual nature that creates an intimidating, hostile, or "poisoned" work environment, or that could reasonably be thought to put sexual conditions on a person's job or employment opportunities. A few examples are: questions and discussions about a person's sexual life; touching a person in a sexual way; commenting on someone's sexual attractiveness or sexual unattractiveness; persisting in asking for a date after having been refused; telling a woman she belongs at home or is not suited for a particular job; eyeing someone in a suggestive way; displaying cartoons or posters of a sexual nature; writing sexually suggestive letters or notes.

Sexual harassment is frequently more about power than about sex. It often occurs in situations where there is unequal power between the people involved, and is an attempt by one person to assert power over the other. The harassment can also occur when an individual is in a vulnerable position because he or she is in the minority - the only woman, member of a visible minority, aboriginal person or person with a disability - and is, for example, ostracized by colleagues.

Abuse of authority

Abuse of authority occurs when a person uses authority unreasonably to interfere with an employee or the employee's job. It includes humiliation, intimidation, threats, and coercion. It does not include normal managerial activities, such as counselling, performance appraisals, and discipline, as long as these are not being done in a discriminatory manner.

It's mostly common sense

If the person who is accused of harassment should have known that the behaviour was unwelcome, he or she may be considered responsible, even for unintentional harassment. If an employer or manager knew or should have known that an inappropriate situation existed, and did nothing about it, the courts may impose penalties on that organization or person.

Examples of harassment

Harassment is any action that makes a colleague, employee, or client feel degraded, humiliated, or embarrassed. It includes, but is not limited to, jokes, comments, insults, touching, pinching, leering, posters, cartoons, e-mail, telephone calls. It includes conditions of employment that are degrading, humiliating, or sexual, and requests, e.g. for sex, that the employee believes he or she must go along with to keep the job or get a promotion, raise, transfer, or some other benefit of employment, or to avoid being penalized.

Some examples of harassment include:

• unwelcome remarks, slurs, jokes, taunts, or suggestions about a person's body, clothing, race, national or ethnic origin, colour, religion, age, sex, marital status, family status, physical or mental disability, sexual orientation, pardoned conviction, or other personal characteristics;
• unwelcome sexual remarks, invitations, or requests (including persistent, unwanted contact after the end of a relationship);
• displays of sexually explicit, sexist, racist, or other offensive or derogatory material;
• written or verbal abuse or threats;
• practical jokes that embarrass or insult someone;
• leering (suggestive staring) or other offensive gestures;
• unwelcome physical contact, such as patting, touching, pinching, hitting;
• patronizing or condescending behaviour;
• humiliating an employee in front of co-workers;
• abuse of authority that undermines someone's performance or threatens her or his career;
• vandalism of personal property; and
• physical or sexual assault.

Where harassment happens

Any place or event related to employment

Harassment can take place in the workplace itself, or outside of the workplace in a situation that is in some way connected to work. For example, during delivery trips, off-site meetings, business trips, and any other event or place related to employment or when the employee is present in the course of employment. Harassment will not be tolerated in any work-related place or at any work-related event.

What isn't harassment?

Consensual banter or relationships

Two or more employees bantering back and forth is not harassment if everyone involved is in agreement. But if any employee feels uncomfortable with this behaviour, and the behaviour continues even after that person has expressed their discomfort, or if the others involved should have known the person was uncomfortable, then it is harassment. This type of harassment can create what is known as a "poisoned work environment," where employees do not feel safe and feel constantly humiliated.

Employees flirting with each other, or becoming involved in a romantic or sexual relationship, are not harassing each other, as long as the relationship is consensual. If one of the employees changes her or his mind, and the other person persists in trying to continue the relationship, this is harassment.

Legitimate management intervention

Appropriate performance reviews, counselling, and discipline are not harassment.

Who can be harassed?

Vulnerable employees

Anyone can be harassed. Usually, the most vulnerable people are those in lower-paying or less secure jobs; those of a different race or colour than the majority of workers in non-traditional types of employment; women; people with a visible or invisible disability; lesbians and gay men; people who are older or younger than their co-workers; and people whose religion sets them apart from the majority. People also harass others for more than one reason at a time: a combination of racial and sexual harassment, or sexual and disability harassment, for example.

But even managers can find themselves being harassed. No matter what your position in the organization, or your personal characteristics, if you believe you are being harassed, report the incident.

Job applicants, contractors, customers

Men, women, managers, colleagues, applicants for employment, contractors, customers, and competitors can all find themselves being harassed. Most frequently, men harass women, but harassment can also happen from women to men and between people of the same sex.

Who harasses others?

Just as with the people being harassed, anyone can harass another person. Men, women, managers, colleagues, contractors, customers, and competitors can all behave in a harassing manner. Someone may harass another person because he or she does not realize that the behaviour in question is offensive. Or the harassment can be intentional. Either way, it is unacceptable. If you knew, or if a reasonable person should have known, that your behaviour was offensive or degrading, you may be held responsible for the harassment.

3.3 EMPLOYEES' RIGHTS AND RESPONSIBILITIES

This section will tell employees how they can expect to be treated at work, and what employees' responsibilities are toward co-workers, supervisors, and the public.

Respect others

Each employee has the right to be treated fairly and respectfully in the workplace. Each employee also has the responsibility to treat co-workers and customers in a way that respects individual differences. No matter what your position, or that of the people with whom you interact at work, showing mutual respect and consideration will make work easier for all of us. If you have doubts about whether a joke, comment, or other behaviour will embarrass, humiliate, degrade, or otherwise bother someone, then don't say or do it.

Speak up

If someone behaves in a way that offends, harms, humiliates, or degrades you, do not put up with it. First, if you feel that you can speak to that person, do so. Let them know how you feel. Tell them the behaviour is inappropriate. If they continue the behaviour, or if you do not feel you can speak directly to the person, you have several options, from speaking to an anti-harassment counsellor to filing a formal complaint.

Report harassment

If you observe a co-worker or other person behaving in a way that seems to be embarrassing or harassing someone else, you can and should speak up. You can let them know in a respectful way that you think the behaviour is inappropriate. If you think someone is being harassed, you can let them know you support them in ending the situation. Depending on the circumstances, you may want to say something as the behaviour is happening, or you may decide to speak privately with either of the people involved. You can also speak to a manager or an anti-harassment counsellor, although you may want to check first with the person whom you believe is being harassed. They may not want to report the harassment, or may want to deal with it themselves.

All staff have a responsibility to cooperate in the investigation of a harassment complaint. Anyone who gives evidence in an investigation, or who is otherwise involved in the process, must keep this information confidential, except as is necessary to deal effectively with the complaint. These are serious issues, and people's privacy must be respected. Even once a complaint is resolved, confidentiality and respect are important.

3.4 EMPLOYERS' AND MANAGERS' RESPONSIBILITIES

For managers, and for XYZ Company as an entity, this section contains an outline of how you should conduct yourself in relation to employment, and how to handle cases of harassment.

Put a stop to harassment

XYZ Company has full responsibility for making sure our work environment is free from harassment. All managers at XYZ Company also have a responsibility to stop harassment. If you become aware of harassment in your work area, or elsewhere in the company, you must do everything you can to stop it, whether or not a complaint has been made. Not knowing is not an excuse. If a reasonable person should have known that harassment was going on, you will still be held responsible if you let the situation continue. Managers who ignore harassment will not only face legal responsibility, but will be disciplined by XYZ Company.

Be aware

Being aware of the following things can help alert you to problem situations:

• an unexplained change in an employee's performance;
• someone suddenly taking more sick leave;
• an employee isolating her or himself, seeming distracted, not participating in office socializing;
• rumours; or
• awkwardness or discomfort between two or more employees.

Listen to employees

If something doesn't seem right, talk to the employee you are worried about. Often, having someone listen to them can help a person talk about a problem. Of course, we encourage managers to be sensitive to employees' rights and dignity, and to keep these discussions and any ensuing discussions confidential, except as is absolutely necessary to deal effectively with the complaint.

3.5 ANTI-HARASSMENT POLICY PROCEDURES

3.5.1. If you are being harassed

The following steps will tell you what to do if you or someone else is being harassed. This section will also tell you exactly what you can expect from the complaint process, what the possible remedies and penalties for harassment are, how to appeal, and how to give feedback on the policy to XYZ Company.

Speak up

The first thing to do if you are being harassed is to tell the person harassing you to stop, if possible. Let them know that you are embarrassed, humiliated, demeaned, or otherwise bothered by what they are doing or saying. Often, a person may not be aware that her or his behaviour is bothersome, and will change the behaviour once they realize this.

Make notes

You could speak to the person directly, or write them a letter. If you write a letter, date it and keep a copy. If you speak to them, you may want to tell a trusted friend what you have done and why. You should also make a note of what the bothersome behaviour was, the date it happened, how you felt, what you did about it, and who else was present, if there were witnesses. Ideally, the harassment will stop. If it does not, continue to keep notes. These will be useful later, if there is an investigation.

Informal procedures

Speak to a manager or anti-harassment counsellor

It may be that communicating directly with the person will not be enough, or that you feel unable to deal with her or him directly. In that case, you can speak to your supervisor, another manager, or an anti-harassment counsellor.

The person you speak to will ask you for details of what happened, will make sure you understand the policy and any other options you have (such as a union grievance or human rights commission complaint), and will ask how you want to proceed. You may ask them to help you write a letter or to speak to the harasser on your behalf. You may ask them to arrange for mediation between you and the person whose behaviour offends you. If these attempts to resolve the situation don't work, you can also ask the anti-harassment counsellor to help you file a formal complaint.

Mediation

If the circumstances permit it, mediation can come before a formal investigation. Mediation is a process by which a neutral third party helps the people involved in the complaint reach a solution which is acceptable to both parties. If you want to work toward a mediated settlement, the Director of Personnel (or the Vice President of XYZ Company, if the Director of Personnel is a party to the complaint) will appoint a qualified mediator, from within the organization or from outside it, who is acceptable to both parties, is not otherwise involved in the complaint, and who will not be asked to represent the company at any stage of any proceedings related to the complaint.

However, either party has the right to refuse mediation. You are the only one who can decide if mediation is appropriate for you. Do not agree to it if you feel pressured into it, or feel that you are at a disadvantage or vulnerable because of your age, sex, race, colour, religion, sexual orientation, economic position, level of authority, or for any other reason. If someone suggests mediation but you are uncomfortable with it, you can say so, and it will not be part of the complaint process. If mediation does occur, each person has the right to be accompanied and assisted during the sessions by someone with whom they feel comfortable.

Formal complaints

If the informal route for resolving a harassing situation does not succeed or is not appropriate, XYZ Company supports its employees in filing a formal complaint. It will be investigated, either by a specially trained person from within the organization or a consultant. This person will investigate the complaint thoroughly. He or she will interview the complainant, the alleged harasser, and any witnesses. All employees have a responsibility to cooperate in the investigation.

The investigator will need to know:

• your (the complainant's) name and position;
• the name and position of the alleged harasser;
• details of what happened;
• dates, times, and how often these things occurred;
• where they happened; and
• the names of any witnesses.

3.5.2 If you are accused of harassment

Informal procedures

If someone complains to you informally about your behaviour, take a good look at it. It may be that without intending to you have spoken or acted in a way that has offended, humiliated, or degraded another person or group of people. It is your responsibility to change your behaviour if it is harassing or offensive to others. You may also want to consider apologizing.

Keep written notes of any conversation you have where someone suggests you have harassed them or another person. Record the conversation and the date it happened, how you felt, and what you did, if anything. Also make notes of your version of the alleged harassment, the date it occurred, and who else was present, if there were any witnesses.

If you and the person who is complaining to you are unable to resolve the situation, you can turn to an anti-harassment counsellor for advice.

Mediation

If someone has accused you of harassment, and you have not been able to resolve the situation with that person informally, mediation is a possible next step. Mediation may make a formal complaint unnecessary. You can ask for mediation; or you may agree if it is suggested to you. You do not have to agree, however, if you think that you are being pressured into something that does not feel right to you.

If you want to work toward a mediated settlement, the Director of Personnel (or the Vice President of XYZ Company, if the Director of Personnel is a party to the complaint) will appoint a qualified mediator, from within the organization or from outside it, who is acceptable to both parties. If mediation does become part of the informal process, each person has the right to be accompanied and assisted during the sessions by someone of their choosing.

Formal complaints

If someone files a formal complaint about your behaviour, you will have to participate in the investigation. You can ask an anti-harassment counsellor for advice. You will be expected to cooperate, give your perspective on what happened, and, if the investigation shows that you did harass another person or group of people, you will be expected to change your behaviour. You will also be subject to disciplinary action.

3.5.3 Other employees

All employees are expected to cooperate in the investigation of complaints and efforts to resolve them. Employees should be mindful of the sensitivities of the parties and should keep any information related to complaints confidential.

3.5.4 The investigation and subsequent action

Written report

The investigator will submit a written report to the Director of Personnel (or the Vice President of XYZ Company, if the Director of Personnel is involved in the complaint). The investigator will decide whether, on a balance of probabilities, there is enough evidence to conclude that harassment occurred. He or she will also identify all possibilities for resolving the situation, and will recommend one or more courses of action. If harassment has occurred, the Director of Personnel will then decide (in consultation with senior management, if necessary) what remedies will be provided to the victim, the disciplinary action to be imposed on the harasser; and whether the people in question can continue in their current work areas.

Decision

The Director of Personnel will inform the person who filed the complaint and the harasser of any disciplinary action, remedies, and changes in work within a week after the investigator has handed in the report. Corrective action , remedies, and changes in work will be instituted within one week of the people involved being informed of the decision.

Separation of the complainant and alleged harasser

If the complainant and the alleged harasser are in a subordinate/supervisor relationship, the Director of Personnel may decide to assign one or both of them to a different work area during mediation or investigation. Co-workers may also be separated during an investigation, if necessary.

3.5.5 Remedies for the victim

XYZ Company will make every reasonable effort to remedy the effects of the discrimination. A person who has been harassed may receive one or more of the following remedies, depending on the severity of the harassment and what he or she lost because of it:

• an oral or written apology from the harasser and XYZ Company;
• lost wages;
• a job or promotion that was denied;
• compensation for any lost employment benefits, such as sick leave;
• compensation for hurt feelings; and/or
• a commitment that he or she will not be transferred, or will have a transfer reversed, unless he or she chooses to move.

No record of the complaint, investigation or decision will go in the employee's personnel file, if the complaint was made in good faith. Any unfavourable work review or comments that were placed in the complainant's personnel file because of the harassment will be removed from the file.

3.5.6 Corrective action for harassers

Someone who has harassed another person will be subject to one or more of the following forms of discipline, depending on the severity of the harassment:

• a written reprimand;
• a fine;
• a suspension, with or without pay;
• a transfer, if it is not reasonable for the people involved to continue working together
• a demotion; or
• dismissal.

In most cases, the harasser will also be required to attend an anti-harassment training session.

If the investigation does not find evidence to support the complaint, there will be no documentation concerning the complaint placed in the file of the alleged harasser. When the investigation reveals harassment occurred, the incident and the discipline which is imposed on the harasser will be recorded in the harasser's file.

3.5.7 Unsubstantiated complaints

If a person, in good faith, files a harassment complaint that is not supported by evidence gathered during an investigation, that complaint will be dismissed, and no record of it will be put in the accused harasser's file. As long as the complaint was made in good faith, there will be no penalty to the person who complained, and no record in her or his file.

3.5.8 Complaints made in bad faith

In the rare event that the complaint was made in bad faith--in other words, the person making it had absolutely no basis and deliberately and maliciously filed the complaint -- that person will be disciplined and a record of the incident will be put in her or his file.

Penalties for someone who complains in bad faith will be the same as for a case of harassment (see Corrective action for harassers) and will depend on the seriousness of the situation. Compensation for the person falsely accused may include steps to restore any lost reputation, and any of the remedies that would be available in a case of harassment (see Remedies for the victim).

3.5.9 Confidentiality

XYZ Company will not disclose a complainant's or alleged harasser's name, or any circumstances related to a complaint, to anyone, except as necessary to investigate the complaint or take disciplinary action related to the complaint, or as required by law. Managers involved in a complaint are reminded to keep all information confidential, except in the above circumstances.

3.6 Retaliation

Retaliation is considered a serious disciplinary breach. Anyone who retaliates in any way against a person who has complained of harassment, given evidence in a harassment investigation, or been found guilty of harassment, will themselves be considered guilty of harassment and penalized accordingly. The possible penalties are the same as those assessed against harassers.

3.7 Appeals

A person directly involved in a complaint may appeal to the Vice President of XYZ Company (or the President, if the Vice President made the initial decision or is a party to the complaint) within a week after learning of the decision. If the Vice President believes there is sufficient reason to re-investigate or to change the penalty, compensation, or work assignment, he or she may make that decision within one week.

3.8 Other Options

3.8.1 Union grievance procedures

The union has procedures allowing you to bring a grievance in certain cases of alleged harassment. Check with your union representative or an anti-harassment counsellor if you want more information about filing a grievance.

3.8.2 Outside organizations

A complainant may, within one year of the behaviour complained of, file a complaint with the Canadian Human Rights Commission if the harassment was because of race, national or ethnic origin, colour, religion, age, sex, marital status, family status, physical or mental disability, pardoned conviction, or sexual orientation. Information on filing a complaint can be obtained by phoning the Commission's toll free number 1-888-214-1090. A grievance under the Public Service Staff Relations Act (for federal public servants only), or Criminal Code proceedings may also be available. The Criminal Code protects people from physical and sexual assault.

3.9 Monitoring

XYZ Company will monitor this policy and make adjustments where necessary. We will review it after the first six months, after the first year, and annually from then on. If you have any concerns with the policy, please bring them to the attention of the Director of Personnel. Your comments are always welcome. There is no place for harassment in a workplace that strives for equality and respect for all its members. XYZ Company has committed itself to that goal, and we will do our utmost to achieve it.

PART 4: Checklist for an Anti-Harassment Policy: Medium And Large Organizations

Developing a policy

Consultation with unions, employee representatives or employees about content of policy, penalties and remedies, identity of anti-harassment counsellors

Content of the policy

  Policy statement–management supports a harassment-free workplace

  The law

   Employees' responsibilities and rights

• the right to a harassment-free workplace
• the responsibility to treat other employees with respect
• the responsibility to speak up when harassment occurs
• the responsibility to report harassment to the appropriate person
• confidentiality

   Supervisors', managers', and employers' responsibilities

• treat all employees, clients, suppliers, contractors with respect
• report or investigate all complaints
• set a good example
• refuse to tolerate harassment

   An undertaking that allegations of harassment will be dealt with seriously, speedily and confidentially

   Descriptions of harassing behaviour

   Procedures

• practical guidelines for employees and management
• informal and formal ways of proceeding
• encourage employees to choose the informal approach first
• mediation
• detailed steps to be taken in complaints
• time frames
• who is responsible for decisions
• appeals
• information about other agencies that deal with harassment

   Remedies, corrective action, and safeguards

• possible remedies
• the range of penalties for a harasser
• whether information about the complaint will be included in a harasser's file
• information about the complaint will not be put in the complainant's personnel file, when complaint is in good faith

   Protection against victimization or retaliation for employees who complain of harassment, or who testify in an investigation

Selection of counsellors and investigators

   The following issues should be considered during the selection of anti-harassment counsellors, mediators and investigators

• are trusted by employees
• are outside chain-of-command or line management
• whether they are employees or outside contractors
• have appropriate experience and training
• will ensure confidentiality
• can be reached easily by employees
• whether they will deal with informal or formal complaints
• whether they will mediate
• whether they will investigate
• to whom they report
• whether they will advise management
• whether they will educate employees
• what their role is in advising management about specific cases of harassment
• do not fulfill double roles, e.g. do not do both mediation and investigation; do not represent the organization at a human rights hearing

Education

   Communication and circulation of the policy to all employees and managers, current and new, through

• orientation or information session
• staff meetings
• memos or e-mail
• pay slip notices
• films
• posters
• videos
• brochures

   Education of all staff

• training managers to react appropriately, handle cases of harassment appropriately, maintain the anti-harassment atmosphere
• training employees to respect each other, maintain the anti-harassment atmosphere
• training harassment counsellors and investigators to perform their respective roles
• make ongoing anti-harassment training part of other training sessions, such as: management training, induction programmes for new employees, courses for union-management committees, social skills training for employees, assertiveness training for women employees or others

Monitoring

   A commitment to periodic review of the policy

• openness to employee comments
• solicitation of feedback from counsellors, managers, and employees
• exit interviews with personnel leaving the organization
• make necessary adjustments to policy and procedures