Law Times

Law Times • May 11, 2015 Page 13 www.lawtimesnews.com Sexual harassment a growing area for employment law firms By michael mcKiernan For Law Times series of high-profile scandals combined with government ac- tion have set the stage for a surge in legal work related to sexual violence and harass- ment in the workplace, accord- ing to lawyers at labour and em- ployment boutique law firms. In the last year, two Cana- dian institutions, the House of Commons and the CBC, faced high-profile allegations of sexual harassment. The Liberal party suspended two MPs from its caucus amid an investigation into complaints by their NDP colleagues and at the CBC, an investigator found Jian Gho- meshi had created a dysfunc- tional environment at the public broadcaster. In addition, the provin- cial government recently an- nounced a plan to amend the Occupational Health and Safety Act as part of its plan to stop sexual violence and harassment. "Between these very high- profile cases and the govern- ment initiative, I think we're go- ing to see a lot more people com- ing forward," says George Vas- sos, a senior partner at Kuretzky Vassos Henderson LLP, a labour and employment boutique that acts for both employers and in- dividual employees. "You're never going to get 100 per cent of those affected, but we live in a society where people are warming up to the idea that you don't need to suffer in silence." Emboldened employees are now dealing with more engaged employers, according to Amanda Sarginson, who acts for a range of public and private employers at Ottawa labour and employment boutique Emond Harnden LLP. She says all of the media attention has made sexual harassment and violence a "topic for water-cooler conversation" at client meetings and conferences. "Nobody wants to be the next headline," says Sarginson. "It has increased awareness of the issue and instigates a conver- sation about whether the proper policies and procedures are in place." According to Carissa Tan- zola, a lawyer with Toronto firm Sherrard Kuzz LLP, the f lex- ibility of employment boutiques makes them ideal partners for employers that need help navi- gating sexual harassment issues. "We like to get in and work with employers at the grassroots level," she says. "If they require a policy to be done or revised, it's not unusual for us to go and live with them in the workplace so that we can completely understand what they need and what will work. It's all very well to draft a great policy, but if it's not one they can actually live with and imple- ment, then it's not worth the pa- per it's written on." Tanzola says the recent focus on sexual harassment issues is part of a bigger trend in employ- ment law. "People are more aware of their rights and what should and should not be tolerated," she says. "At the same time, work- places are more aware of their ob- ligations and have started taking a more proactive approach about what to do when these kinds of situations arise." Sarginson says a key moment for Ontario employers arrived in 2010 when Bill 168 came into force. It proved a busy period for employment lawyers, too, as employers of all sizes turned to counsel for advice on compli- ance with the legislation. "Bill 168 put the onus on em- ployers to provide a safe working environment that is free from harassment and violence," says Sarginson. "If you look back 10 or 20 years and compare where we were then as a society on an issue like sexual harassment with today, it's a dif- ferent world," says Vassos. "We've got a bigger, better, broader dialogue about an issue that is, and should be, a huge con- cern for everyone." Vassos says the CBC's ap- proach to its internal investiga- tion of the Ghomeshi affair is evidence of the changing at- titude towards sexual harass- ment in the workplace. After an independent investigation by employment lawyer Janice Ru- bin, the broadcaster published her entire report, including the recommendations. "That's unheard of. To me, it was a very significant and very bold step," says Vassos. "Moving forward, it's going to become part of the psyche that these things should be out in the open. It's going to encourage peo- ple to come forward and keep the dialogue going." The government's latest in- tervention came in March when it unveiled its action plan for stopping sexual violence and harassment. The plan promises further amendments to the Oc- cupational Health and Safety Act that will specifically define sexual harassment; introduce a code of practice to help employ- ers develop stronger sexual ha- rassment policies; establish an enforcement team to deal with complaints of workplace harass- ment; and impose an obligation on employers to take all reason- able steps to protect workers from all types of harassment. Monty Verlint, another law- yer at Kuretzky Vassos Hender- son, says the action plan could help standardize some parts of the process when employees make complaints to employers about sexual harassment. "In our experience, employers con- duct very different investiga- tions," he says. "Some are more formulaic than others. Sometimes they get a neutral third party in; sometimes they don't. The government is trying to bring some sort of con- sistency in terms of what an inves- tigation should look like and how it should be conducted, which I think is very important." Sarginson says the plan ce- ments sexual harassment as a workplace safety issue but is hoping for tougher language once the government releases the text of the amendments. "It would be great if we could get the government to come out with a zero-tolerance stance towards sexual harassment," she says. "To the extent that behaviour is proven, there shouldn't be any second chances. If it's proven, employers shouldn't have to be looking at a fight over re- integrating somebody. I think that would give employers and unions a chance to be on the same page." LT BRIEF: LaBOUR & EMpLOyMENT BOUTIqUES Untitled-1 1 2015-05-06 9:25 AM www.kuretzkyvassos.com Tel: (416) 865-0504 w Kuretzky_LT_Apr7_14.indd 1 14-04-02 9:08 AM A

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