This workplace harassment program is a sample. Employers may want to modify their program to meet the needs of the workplace. The program must be developed in consultation with the joint health and safety committee and health and safety representative (if any).
[insert employer name] is committed to providing a work environment in which all workers are treated with respect and dignity. Workplace harassment will not be tolerated from any person in the workplace (including customers, clients, other employers, supervisors, workers, and members of the public, as applicable).
The workplace harassment program applies to all workers including managers, supervisors, temporary employees, students and subcontractors.
Workplace harassment means engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome or workplace sexual harassment (employer may want to insert examples).
Workplace sexual harassment means:
Reasonable action taken by the employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment (employer may want to insert examples e.g. scheduling, annual performance review).
Workers can report incidents or complaints of workplace harassment verbally or in writing. When submitting a written complaint, please use the workplace harassment complaint form (see attached). When reporting verbally, the reporting contact, along with the worker complaining of harassment, will fill out the complaint form.
The report of the incident should include the following information:
An incident or a complaint of workplace harassment should be reported as soon as possible after experiencing or witnessing an incident. This allows the incident to be investigated in a timely manner.
Report a workplace harassment incident or complaint to [name, position, and contact information]. If the worker’s supervisor or reporting contact is the person engaging in the workplace harassment, contact [position or name of alternate reporting contact and contact information]. If the employer (e.g. owner, senior executive, director) is the person engaging in the workplace harassment, contact [position or name of alternate reporting contact and contact information]. (Note: The person designated as the reporting contact should not be under the direct control of the alleged harasser.)
Human Resources [or designated person] shall be notified of the workplace harassment incident or complaint so that they can ensure an investigation is conducted that is appropriate in the circumstances. If the incident or complaint involves the owner, senior executive or [list positions as appropriate] , an external person qualified to conduct a workplace harassment investigation who has knowledge of the relevant workplace harassment laws will be retained to conduct the investigation.
All incidents or complaints of workplace harassment shall be kept confidential except to the extent necessary to protect workers, to investigate the complaint or incident, to take corrective action or otherwise as required by law.
[insert name, manager or department] will determine who will conduct the investigation into the incident or complaint of workplace harassment. If the allegations of workplace harassment involve [insert jobs, positions, levels or departments (e.g. senior leadership, president and above)], the employer will refer the investigation to an external investigator to conduct an impartial investigation.
The investigation must be completed in a timely manner and generally within 90 days or less unless there are extenuating circumstances (i.e. illness, complex investigation) warranting a longer investigation.
The person conducting the investigation whether internal or external to the workplace will, at minimum, complete the following:
Within 10 days of the investigation being completed, the worker who allegedly experienced the workplace harassment and the alleged harasser, if he or she is a worker of the employer, will be informed in writing of the results of the investigation and any corrective action taken or that will be taken by the employer to address workplace harassment.
Information about complaints and incidents shall be kept confidential to the extent possible. Information obtained about an incident or complaint of workplace harassment, including identifying information about any individuals involved, will not be disclosed unless disclosure is necessary to protect workers, to investigate the complaint or incident, to take corrective action or otherwise as required by law.
While the investigation is on-going, the worker who has allegedly experienced harassment, the alleged harasser(s) and any witnesses should not to discuss the incident or complaint or the investigation with each other or other workers or witnesses unless necessary to obtain advice about their rights. The investigator may discuss the investigation and disclose the incident or complaint-related information only as necessary to conduct the investigation.
All records of the investigation will be kept confidential.
[The employer must set out any interim measures that may be taken after the complaint is received and during the investigation. The employer must also set out how they might deal with the complaint of harassment if harassment is found. This may include discipline up to and including termination.]
The employer (human resources or designated person) will keep records of the investigation including:
All records of the investigation will be kept confidential. The investigation documents, including this report should not be disclosed unless necessary to investigate an incident or complaint of workplace harassment, take corrective action or otherwise as required by law.
Records will be kept for:
Annual review date:
This is an example of a complaint form for workers to report an incident or a complaint of workplace harassment. It can be modified to meet the needs of workplace. Note: Whether the worker uses the complaint form or not, the employer is still obligated to ensure an investigation appropriate in the circumstances is conducted into an incident of workplace harassment.
Attach any supporting documents, such as emails, handwritten notes, or photographs. Physical evidence, such as vandalized personal belongings, can also be submitted. If you are not able to attach documents and they are relevant to your complaint, please list the documents below. If someone else has relevant documents, please note that below.
ISBN 978-1-4606-8392-7 (HTML)