Thank you, but not goodbye

The SHAPE Your Workplace projects are winding down.  Our goal was to support individuals and businesses in preventing and addressing workplace sexual harassment.  Generous funding from Justice Canada has allowed us to provide public legal education and individual legal advice to workers across Ontario.

There is more to do to ensure that workplaces in Ontario are safe for everyone.

Therefore, we will continue to post information and research that:

Many community legal clinics in Ontario offer employment law services. If you or someone you know is harassed at work, contact your local legal clinic.  Go to  Contact - Shape (shapeyourworkplace.ca) to find a clinic near you.  If they can’t help you, they can direct you to someone who will.

We want to thank:

Serious consequences for harassing a precarious worker

By Claire McMenemy 

In Canada, a significant number of workers are engaged in precarious work. It is broadly defined as work with an uncertain duration, low wage and no social benefits, for example no health coverage nor pension (Vosko, 2011). Precarious work has been described as a “bad job” that someone often has because they lack the power, education, or social position to pursue an alternative (Fleury & Cahill, 2020).  Precarious workers also commonly have an uncertain and low standard of living, and  lack relative power and privilege in Canadian society (Ornstein, 2021).

New Canadians are among the social groups most likely to be employed in precarious work (Noack & Vosko, 2011) and female people in precarious work experience sexual harassment and violence more than other workers (La Montagne et al., 2009). The result is that a significant number of the female new Canadian workers regularly experience sexual harassment and assault in Canadian workplaces (Villegas, 2019).

Picture of a gavel and a book titled Human Rights Law.

A human rights complaint is one of the options available to workers who are sexually harassed.

This was the devastating experience of the applicant, a new Canadian from Iran, in the recent Human Rights Tribunal of Ontario case L.N. v. Ray Daniel Salon & Spa, 2024 HRTO 179. Over an approximately 2-month period in the spring of 2019, she experienced significant abuse from her employer including four incidents of sexual assault, unwanted sexual comments, and a forced haircut. At the time, she was in the process of submitting a refugee claim and did not yet have a work permit. The employer, who was from her cultural community, also paid her below the minimum wage at $5.00 per hour, informing her that this was a fair wage given that she did not have  immigration status in Canada. He also engaged in reprisal acts after the applicant filed her human rights claim, including starting a small claims action for $35, 000, alleging damage to his personal and business reputation.

The Tribunal found the employer’s behavior was “egregious sexual harassment and solicitation, and a deeply damaging affront to the applicant’s dignity” (Para. 64). It noted how the employer had taken advantage of her vulnerability as a newly arrived person, who had experienced gender-based violence and discrimination before her arrival in Canada. Considering the applicant’s, her friends’ and psychologist’s testimony, the Tribunal awarded the applicant $180,000 for the injury that she experienced to her “dignity, feelings, and self-respect, for the sexual harassment, solicitation and advances, and discrimination based on citizenship” (para. 68). Managerial staff were required to take human rights training and the decision was to be posted visibly at the workplace.

The case of LN shines a light upon the significant risks that new Canadian female workers face, particularly when they are doing precarious work. There is concern that Ontario’s legal frameworks are overly focused upon “standard work” that reflects an average male experience in a unionized workplace (Matulewicz, 2015) and does not protect precarious workers like LN from harassment and discrimination (Perry et al., 2020). LN’s courage in bringing forward this case helps to underline the important role that the Human Rights Tribunal can play despite the limits in our legislation.  The Tribunal can, as it did in this case, ensure that human rights are enforced in ways that both compensate a worker for the harm they suffered, but also send a clear message that an employer’s harassing behavior has no place in Ontario.

Claire McMenemy is a lawyer at the Community Advocacy and Legal Centre in Belleville, Ontario.

 

 

 

LaMontagne, A., Smith, P., Louie, A., Quinlan, M., Shoveller, J., & Ostry, A. (2009). Unwanted sexual advances at work: Variations by employment arrangement in a sample of working Australians. Australian and New Zealand Journal of Public Health, 33(2), 173-179. doi: 10.1111/j.1753-6405.2009.00366.x.

Matulewicz, K. (2015). Law and the construction of institutionalized sexual harassment in restaurants. Canadian Journal of Law and Society / Revue Canadienne Droit Et Société, 30(3), 401-419. doi:10.1017/cls.2015.12

Noack, A.M., & Vosko, L.F. (2011). Precarious jobs in Ontario: Mapping dimensions of labour market insecurity by workers’ social location and context. Toronto: Law Commission of Ontario. Available at: http://www.lco-cdo.org/wp-content/uploads/2012/08/vulnerable-workers-commissioned-papers-vosko-noack.pdf 

Ornstein, M. (2021). Precarious Employment in Canada. Canadian Journal of Sociology, 46(3), 217-256.

Perry, J. A., Berlingieri, A., & Mirchandani, K. (2020). Precarious work, harassment, and the erosion of employment standards. Qualitative Research in Organizations and Management: An International Journal, 15(3), 331-348.

Villegas, P. E. (2019). “I made myself small like a cat and ran away”: workplace sexual harassment, precarious immigration status and legal violence. Journal of gender studies, 28(6), 674-686.

Vosko, L. F. (2011). Managing the margins: Gender, citizenship, and the international regulation of precarious employment. OUP Oxford.

Sharing intimate images without consent, AI and legal rights

Deepfake Images of Taylor Swift that have recently been shared through social media sites have renewed the debate about whether further legislation is required in Ontario to better protect people from having their intimate images shared without their consent (CBS, 2024). When a disgruntled ex-partner shares intimate images without consent this is often referred to as “revenge porn” as it is meant to harm the reputation of or attempt to control the target. The psychological consequences of this type of online harassment can be severe and longstanding and can include depression, anxiety, and suicidal ideation (Schmidt et al, 2023). Statistics Canada reported that in 2020 there was an 80% increase in reporting of intimate images shared without consent, many of whom were youth and young adults (BC, 2024). This is especially concerning given the reluctance most people have to reporting this type of cyberbullying to police.

Laptop that displays a picture of a person.

British Columbia recently enacted the Intimate Images Protection Act which provides civil remedies for whose intimate images have been shared without their consent.

In response to increased reports to police of incidents of “revenge porn” and “sextortion”, the Government of Canada passed legislation in 2015 to amend the criminal code to make it a criminal offence to share intimate images without consent. The Criminal Code of Canada[1] states that:The Government of British Columbia recently enacted the Intimate Images Protection Act which provides civil remedies for whose intimate images have been shared without their consent.

162.1 (1) Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct, is guilty

 

The Government of British Columbia recently enacted the Intimate Images Protection Act[2] which provides civil remedies for those whose intimate images have been shared without their consent (Pawson, 2024). This Act has a provision requiring social media companies to remove such images and to destroy any existing copies or face a fine of up to $5,000 a day up to a maximum of $100,000 and a further $5,000 in punitive damages for the individual who shared the images (Pawson, 2024). Similar legislation has been passed by Manitoba[3], Nova Scotia[4], Alberta[5], Newfoundland and Labrador[6], Saskatchewan[7].

There is currently no legislation in Ontario that provides a similar right to take civil action against an individual or company who shares your intimate images without your consent but there is some case law[8] in which the sharing of intimate images without consent has been found to be tortious behaviour (Ramirez & Tseng, 2023). For example, in the case Yenovkian v. Gulian[9] the Ontario Superior Court awarded the Applicant mother $50,000 in damages for intentional mental suffering and a further $100,000 in damages for the tort of invasion of privacy because the Respondent father had engaged in a malicious campaign online against her which included sharing images of her, their children and the Applicant’s mother with a false narrative superimposed.

There is help for those who have been exposed to this type of cyberbullying, including (GOC, 2023):

REFERENCES:

CBS Interactive. (n.d.). Taylor Swift deepfakes spread online, sparking outrage. CBS News. https://www.cbsnews.com/news/taylor-swift-deepfakes-online-outrage-artificial-intelligence/

British Columbia (Attorney General) (2024, January 29). New Services help people protect their intimate images. New services help people protect their intimate images. https://news.gov.bc.ca/releases/2024AG0004-000096

[1] Criminal Code of Canada R.S.C., 1985, c. C-46 https://laws-lois.justice.gc.ca/eng/acts/C-46/section-162.1.html

[2] Intimate Images Protection Act. [SBC 2023] CHAPTER 11

[3] The Intimate Image Protection Act, C.C.S.M. c. I87

[4] Intimate Images and Cyber-protection Records Act (SNS 2017, c. 7)

[5] Protecting Victims of Non-Consensual Distribution of Intimate Images Act (RSA 2017, c. P-26.9)

[6] Intimate Images Protection Act, RSNL 2018, c I-22

[7] Privacy Act (RSS 1978, c. P-24, as amended)

[8] Yenovkian v. Gulian, 2019 ONSC 7279 (CanLII), <https://canlii.ca/t/j4gqn>

[9] Ibid.

5 Things you should know if someone is stalking you at work

Many women in Canada have had the horrible experience of feeling unsafe at work because of stalking behaviours by clients, co-workers, supervisors, or an ex-partner. Some examples of behaviours that could be deemed stalking include leaving unwanted gifts, constantly monitoring activity, staring, accessing private information without permission, not respecting personal space, frequent unwanted communications and showing up at the person’s home or other locations they frequent uninvited (CaseIQ, 2023). Cyberstalking is also becoming more common and can include sending unwanted messages to the victim or their associates, using social media to gather information about their personal lives, “cyber-smearing”, tracking location through cell phones or other GPS technology or monitoring for reasons that are not work related (AuCoin, 2005).  Stalking is a criminal offence in Canada called criminal harassment and includes cyber stalking.

Here are 5 things you should know about if you are in this situation.

  1. You are not alone!

Stalking represents 5% of all reported violent crimes in Canada and at least one in ten women in Canada have experienced it (GOC, 2021). Most victims are women and know their stalker personally or through their work (GOC, 2021). The most common forms of stalking include receiving obscene calls, being spied on, and being intimidated and threatened (GOC, 2021). People who have been stalked report experiencing feelings of shame, anxiety, fear, helplessness, loss of control, decreased self-confidence, a sense of isolation and a loss of trust in people and the world at large (GOC, 2021).

  1. Don’t Keep it To Yourself!

Only one-third of victims of stalking report the stalking to the police. When not reported the stalking behaviour can escalate and can lead to the perpetrator becoming violent (GOC, 2021). It is very important for the victim to let the people in their life know what is happening including their employer, co-workers, friends, and family members so that they can take steps to help keep them safe and their personal information private (GOC, 2009).

Victims can also get help with safety planning from a variety of organizations, including victim services who can help you develop a safety plan and can provide funding for various things such as funding for special locks, surveillance equipment, etc..

There are a variety of options for obtaining an order of protection against the person who is doing the stalking including reporting the person to the police so the person can be charged with criminal harassment. When this occurs the perpetrator will often have terms of release/ probation that restrict them from communicating with their victim and from being in close proximity to their home and place of work. Another option is to obtain a peace bond which also often contains similar restrictions. Peace bonds can be enforced by police if breached.

  1. Document, Document, Document!

To convict a person of a criminal offence such as criminal harassment the court must have sufficient evidence to make a finding beyond a reasonable doubt that the person committed the offence they are accused of. Those experiencing stalking should document the stalking behaviour to the greatest extent possible to maximize their chances of obtaining a restraining order or peace bond. Some of the ways to document include:

 

  1. Insist on Safety Measures at Work and Home

Every employer has a duty to ensure that their employees are safe at work. Some safety measures that employers can put into place to increase security for all employees include (CaseIQ, 2023):

  1. Installing CCTV cameras;
  2. Informing those who greet the public (for example security guards and receptionists) that there is a stalking situation and providing a description of the stalker;
  3. Keeping employees’ personal information private from other employees and customers;
  4. Having clear policies and training about workplace harassment that includes information about stalking;
  5. Ensuring that anyone found engaging in stalking behaviours is no longer permitted access to the workplace and serving them with a no trespass notice if possible.

Family members and friends can also help the person being stalked by:

  1. Never blaming the person being stalked for the behaviour of the stalker;
  2. Not sharing personal information with anyone without the express consent of the person being stalked;
  3. Being an emergency contact and
  4. Offering a safe place to stay in case the person needs to hide from their stalker.

 

  1. Get help

Stalking can be very traumatizing for its victims and the impact on their mental, physical and financial health can be long lasting. There are several province wide services that can assist in this situation, including crisis lines like the Assaulted Woman’s Help Line which can be accessed 24 hours a day 1-866-863-0511, the victim chat line which you can access by texting 211, Fem’aide which provides support to francophone women at 1-877-336-2433, Talk4Healing, a service for indigenous women by calling 1-855-554-HEAL and a service for male survivors which can be reached at 1-866-887-0015.

There are several community legal clinics across Ontario who are working together to provide legal advice for victims of sexual violence which would include stalking through a project called SHAPE which provides advice to people experiencing harassment in the workplace and Your Way Forward project which provides legal advice and support for victims of sexual violence and intimate partner violence. Both projects have been funded by the Government of Canada’s Department of Justice.

 

REFERENCES:

Case IQ. (2023, September 27). Stalking in the workplace: Your investigation guide. https://www.caseiq.com/resources/stalking-in-the-workplace-the-complete-guide-to-prevention-and-investigation/#What

Canada, P. H. A. of. (2009, April 9). Government of Canada. Canada.ca. https://www.canada.ca/en/public-health/services/health-promotion/stop-family-violence/publications/criminal-harassment-stalking.html

Government of Canada, Dept. of Justice (2021, December 8) (GOC). A handbook for police and Crown prosecutors on criminal harassment. Part 1: Introduction. https://www.justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/har/part1.html

Trent University. (n.d.). Sexual Violence - Stalking. Sexual Violence - Trent University. https://www.trentu.ca/sexualviolence/resources/stalking

 

*Anne-Marie Langan B.A., B.S.W., LL.B., LL.M. is the project lead for the sexual violence projects at Peterborough Community Legal Centre, including the SHAPE project which provides legal advice and public legal education about sexual harassment in the workplace and the Your Way Forward project which provides support for victims of intimate partner violence. She can be reached directly at anne-marie.langan@ptbo-nogo.clcj.ca.

Workplace Mentoring

Mentoring is an important component of job and skill development. It allows newer and/or less-experienced workers to build the expertise they need to move up the ladder. It also helps employees familiarize themselves with the ins-and-outs of an industry or space they may be new to. Mentoring therefore is also by its very nature an imbalance of power. Someone with more power, standing, and know-how is assisting someone with less.

The fraught nature of this power imbalance was thrust into conversation as more and more instances of workplace sexual harassment came to light following the #MeToo era of 2019. Mentoring became the site of workplace sexual harassment (chef Eduardo Jordan), as well as an excuse by perpetrators to justify their misconduct (former Governor of New York Andrew Cuomo).

What followed was an interesting response by those in positions to mentor. Instead of addressing the workplace cultures that may foster sexual harassment, regardless of its potential of occurring within or outside a mentor-mentee relationship, men in particular became reticent to engage in mentoring. A survey published by LeanIn found that 60% of male managers were uncomfortable engaging in work activities with women such as mentoring. Instead of workplace sexual harassment being dealt with, we are seeing a lack of mentorship opportunities for women, trans, and non-binary employees. As mentoring is key to professional advancement, equity-deserving employees are yet again paying the cost in a way that looks different, but stems from the same misunderstandings of how to behave appropriately in the workplace. The other unspoken consequence is that people will continue to mentor those that look like them out of a fear of doing or saying the wrong thing. This is particularly problematic in predominantly white and male spaces.

Choosing not to mentor women is not the solution to preventing workplace sexual harassment. If anything it will further perpetuate the problem by reducing the diversity of our workplaces and by explicitly or implicitly communicating to mentees that this kind of approach is acceptable. How can we make mentoring better and safer for all?

Start with your workplace culture. If your culture is one of safety and respect with a zero tolerance policy for harassment, your mentorship programs have a better chance of being just as safe. Next, formalize your mentor process by building it into your organization. When your process is formalized, you can begin to carefully vet and select your mentors. Make it clear that the mentorship relationship is reciprocal. Both voices are voices of value, and both parties can learn from each other. Lastly, create an official channel for feedback so that those involved in the mentorship program can submit their thoughts and reflections on the process. These are just some of the ways you can enhance mentoring at your workplace while keeping it safe and equitable for all.

Esquire - You Can Be a Mentor Without Being a Creep About It

Forbes - Navigating Mentorship In An Era Of #MeToo

LOHUD - When mentoring goes awry: What does workplace coaching look like in the #MeToo era?

LeanIn - Sexual Harassment Backlash Survey

Chief Learning Officer -5 Strategies To Diminish Sexual Harassment and Toxicity in Mentoring

 

Why are there still male-dominated industries in Canada?

Many industries in Canada and around the world are male-dominated. The top 10 male-dominated industries in North America are aircraft piloting, finance, firefighting, information technology, manufacturing, software development, agriculture, architecture, clergyship and construction.

Women who work in these industries report having experienced many challenges including a lack of mentoring, sexual harassment, discrimination based on negative stereotypes about women's roles, pay gaps and not having access to the same opportunities for training and advancement as their male counterparts.

Studies have shown that companies with more women in leadership roles do better economically than those that allow their leadership to remain male-dominated. Some of the reasons posited for this are that having a more equitable workforce ensures that you have a wider spectrum of skill sets, and are therefore better able to match talent to specific functions. As well, companies that promote women to leadership positions are better able to recruit and retain other women particularly those with much sought-after skill sets and have better people management skills.

Those seeking to improve gender diversity in these professions suggest:

  1. Invest time and money into improving diversity in your company

  2. Actively recruit and promote female talent

  3. Inspire male employees to be allies in your efforts to diversify the workforce

  4. Make sure there is genuine buy-in in the top ranks and that managers walk the talk

  5. ensure your workplace policies promote diversity, accessibility and flexibility

  6. Make your intentions to diversify the workplace known to your managers and employees

If you are a woman who is working in one of these industries, some things you can do to advance your career and help diversify your workplace include:

 

REFERENCES:

Berlinsky-Schine, L. (2022, March 17). 10 male-dominated industries. Fairygodboss. https://fairygodboss.com/career-topics/male-dominated-industries

Fairygodboss. (2019, November 20). The 2020 blueprint for gender diversity in the Workplace. https://fairygodboss.com/career-topics/blueprint-gender-diversity-in-the-workplace

Women in male-dominated industries and occupations (quick take). Catalyst. (2022, January 21). https://www.catalyst.org/research/women-in-male-dominated-industries-and-occupations

Anne-Marie Langan B.A., B.S.W., LL.B., LL.M. is the project lead for the sexual violence projects at Peterborough Community Legal Centre, including the SHAPE project which provides legal advice and education for those experiencing sexual harassment in the workplace.  This project is funded by the Justice Canada.

Fast food workers' rights

Lots of students and young people are looking for jobs at this time of year, so we want to remind them that workers in fast food have the right to safe and harassment-free workplaces.

Workplace sexual harassment in the fast food industry is gaining increased attention, especially with high-profile lawsuits against franchise owners of McDonald’s and Taco Bell. It is important to be mindful of the demographic of workers most impacted by workplace sexual harassment in this industry – young, disproportionately female and racialized employees.

Fast food work is an appealing option for a lot of young workers. The hours are flexible, which allows the work to be scheduled around school and other commitments. The job provides on-the-job training, requiring little to no previous experience. And some companies even offer competitive incentives like scholarship programs.

The flip side of this is that young workers are particularly susceptible to workplace sexual harassment. Some may be dependent on this income, and therefore less likely to complain about inappropriate behaviour due to a fear of reprisal. Others may be so new to the workforce that they normalize this behaviour or do not recognize it as wrong. Many do not know their rights, what they are protected from, or ways of reporting the behaviour. Additionally, young workers are often targeted for workplace sexual harassment and violence because they are perceived to have less social power and status in their workplaces – which is often true.

Job experience is crucial for young workers seeking to build their skill sets and develop attractive resumes. Workplace sexual harassment can cost young workers these opportunities. Additionally, it can communicate to young workers that sexual harassment and violence are normal and to be expected within and outside the workplace.

So what can we do about it? We can push youth organizations and schools to allow for education on worker’s rights at a young age. The SHAPE Project offers free education on workplace sexual harassment, and young workers’ rights to be protected. We can also start intervening in our own spaces, employment and otherwise, where we see inappropriate behaviour directed at youth.

If you are interested in our services and how you can keep young workers in all industries safe from workplace sexual harassment, contact your local SHAPE Project for more information.

*Victoria is the Community Legal Worker at Community Legal Assistance Sarnia where she coordinates the SHIW Project. She is passionate about being proactive in addressing workplace sexual harassment, especially for those in vulnerable, precarious, and low-wage employment”