December 2, 2022
Running a small business comes with a unique set of responsibilities, especially when it comes to creating a safe, respectful, and legally compliant work environment.
One area often underestimated by entrepreneurs is understanding and complying with workplace harassment laws. Even a single incident can lead to reputational damage, legal battles, or financial loss.
This blog will provide a comprehensive guide to harassment laws that every small business owner should know, along with practical steps to foster a harassment-free workplace.
Running a small business comes with a unique set of responsibilities, especially when it comes to creating a safe, respectful, and legally compliant work environment.
One area often underestimated by entrepreneurs is understanding and complying with workplace harassment laws. Even a single incident can lead to reputational damage, legal battles, or financial loss.
This blog will provide a comprehensive guide to harassment laws that every small business owner should know, along with practical steps to foster a harassment-free workplace.
Workplace harassment includes unwelcome conduct based on race, gender, religion, age, disability, or other protected characteristics. Harassment becomes illegal when:
Enduring the offensive conduct becomes a condition of continued employment, or
The conduct is severe or pervasive enough to create a hostile work environment.
In Canada, workplace harassment laws fall under both federal and provincial jurisdictions. Key legal frameworks include:
Harassment can take many forms, and the law clearly outlines several types that employers should be aware of.
Involves unwelcome sexual advances, inappropriate touching, sexually suggestive remarks, or requests for sexual favours. It can create an intimidating, hostile, or offensive work environment, regardless of whether the behaviour is verbal, non-verbal, or physical.
This occurs when individuals are targeted based on characteristics protected under human rights law, such as race, ethnicity, gender identity, religion, age, or disability. It includes offensive jokes, slurs, or exclusionary practices.
Encompasses behaviours such as bullying, intimidation, persistent criticism, spreading rumours, or undermining a person's confidence or credibility. This type of harassment can severely impact mental health and job performance.
Happens when someone in a position of authority misuses their power to intimidate, coerce, or manipulate others. Examples include threatening job loss, assigning demeaning tasks, or creating fear to maintain control.
As remote work becomes more common, harassment through emails, messaging apps, video calls, or social platforms is rising. It includes cyberbullying, inappropriate messages, or exclusion from virtual meetings or projects.
Understanding these categories helps business owners and employees identify inappropriate conduct early and take steps to intervene before it escalates.
Training employees on workplace harassment is not just a compliance requirement; it’s a proactive measure to shape a respectful, inclusive, and informed work culture.
Effective workplace harassment training educates staff on recognising, preventing, and responding to various forms of harassment.
Comprehensive training should include:
Help employees distinguish between appropriate and inappropriate behaviour using workplace scenarios.
Educate both employers and employees on their obligations under provincial and federal laws.
Outline step-by-step how to report harassment, what happens after a complaint, and the role of confidentiality.
Empower employees to take action safely when they witness harassment.
Encourage open dialogue, active listening, and other positive workplace behaviours to prevent harassment from occurring in the first place.
Many Canadian provinces, including Ontario, British Columbia, and Alberta, require employers to conduct mandatory harassment training as part of their occupational health and safety programs.
Regular refresher courses ensure that new hires and existing staff stay informed and vigilant.
Small business owners are not exempt from harassment laws. Key responsibilities include:
Most jurisdictions require a documented harassment policy that outlines your commitment to a safe workplace, reporting mechanisms, and investigation procedures.
Employers must promptly investigate all harassment claims, even if informal. Investigations should be impartial, timely, and documented.
Take appropriate disciplinary or remedial action based on the outcome of investigations.
Ensure that employees who report harassment are protected from retaliation.
Keep records of reports, investigations, and resolutions. This protects both the business and the employee.
Workplace harassment isn’t just a legal issue; it’s a business issue. As a small business owner, you have the opportunity to lead by example and build a respectful, inclusive workplace.
Understanding your legal obligations and prioritising employee safety through clear policies, timely training, and open communication is essential. By investing in workplace harassment prevention today, you're building a stronger, more resilient business for tomorrow.
