Thank you.
Good afternoon. It's an honour to be here today to speak to you about Bill C-65. I've specialized in the scientific study of workplace harassment, including workplace bullying, incivility, and sexual harassment, since 2004. My specific expertise lies in the consequences of these forms of harassment for employees and organizations as well as coping strategies that employees use. Most recently, I have begun to focus on witness reactions to these forms of harassment.
I commend this committee for working to introduce a bill that will help victims and employers create a more respectful work environment.
In my comments, I will focus on four main points: definitions, language in the Canada Labour Code, reporting processes, and mandated training. I have also submitted a brief that provides specific recommendations for this committee to consider.
Bill C-65 aims to cover all forms of workplace harassment, including sexual and non-sexual harassment.
In the February 12 meeting in which Minister Hajdu answered questions about Bill C-65, there were a number of questions pertaining to the definition. I agree with the minister that the definition needs to be broad enough to capture workplace harassment in all its forms. I also agree with the concerns that without a clear definition that explains what constitutes workplace harassment, it will be difficult for organizations to develop policies and properly train employees.
As my first point, I will begin with sexual harassment. In the social sciences, sexual harassment is defined in three categories: sexual coercion, unwanted sexual attention, and gender harassment. The current definition in the Canada Labour Code, which is being repealed, covers only the first two categories. I would like to encourage the committee to develop a definition that covers all three.
Sexual coercion is defined as actions that make the victim's employment or advancement contingent on sexual favours. Unwanted sexual attention includes expressions of unwanted sexual interest. Gender harassment includes verbal and non-verbal behaviours that convey insulting, hostile, or degrading attitudes toward one's gender.
A recent example reported in Science magazine described women on a geological expedition to Antarctica who reported that they were pelted with rocks by male colleagues, called names, had volcanic ash blown in their eyes, and were told that women should not be field geologists.
Sexual coercion and unwanted sexual attention are traditional sexual behaviours or come-ons, while gender harassment is not sexual. It's a put-down that focuses on gender.
Research shows that 89% of harassed women report gender harassment with no unwanted sexual attention or sexual coercion, and that gender harassment has similar negative consequences for victims as the other two forms of sexual harassment, so exclusion of this form of harassment from the sexual harassment definition misses the majority of cases of sexual harassment.
In non-sexual workplace harassment, researchers found that all forms of psychological harassment, from minor slights to threats and physical abuse, have significant negative effects on the well-being of employees as well as their job attitudes and work performance. I agree with the minister that the language needs to be broad enough to encompass all harassment, including those that span traditional workplace space and time boundaries. In my brief I suggest working definitions for both sexual and non-sexual workplace harassment for you to consider.
My second point focuses on language in the Canada Labour Code. Bill C-65 attempts to inject harassment and violence into an existing health and safety labour code. From a layperson's perspective, reading through the code it appears to focus mostly on physical safety, which of course is very important, but I think workplace respect is equally important. More fully integrating harassment and violence language into the Canada Labour Code would send a message to federal organizations and employees that harassment prevention is a Canadian priority. To that end, I suggest the committee replace the term “health and safety” with something like “health, safety, and respectful treatment” wherever it makes sense to do so.
My third point pertains to reporting. Minister Hajdu correctly explained that a key driver of workplace harassment is power. Harassment in all its forms is much more likely to come from a person in a position of power. When harassment comes from someone in a position of power, it has significantly stronger negative effects on victims than when it comes from a co-worker. Also, witnesses are less likely to intervene on harassment from a powerful perpetrator. Because of the power differential, reporting harassment is a big problem. Victims fear reprisal, disbelief, and inaction. This bill addresses perceptions of disbelief and inaction by requiring an investigation, but I'm concerned that fear of reprisal may still prevent reporting.
Research shows that those who voice complaints of workplace harassment experience considerable counter-retaliation, and that retaliation is more likely from a powerful perpetrator. Proposed subsection 127.1 requires that employees make a complaint to the supervisor as a first course of action. Since harassment often comes from the supervisor, I think the bill needs to clearly state that where the supervisor is the source of the complaint, employees may take their complaint directly to the labour board.
Finally, I want to briefly mention that for repeat offences, it would help if the Canada Labour Code were to mandate respectful workplace training. Since workplace harassment is often driven by cultural norms, organizations that are found to be in violation of the Canada Labour Code on more than one occasion would benefit from civility training. I think the Canada Labour Code should specify mandated training in these circumstances.
I'll stop there and welcome any questions from the committee. Thank you once again for your important work.