20 years ago, Quebec took a major step forward in protecting the dignity and psychological health of its workers.
It’s the 1er June 2004 that concrete measures to counter psychological harassment at work came into force in the Labor Standards Act .
For workplaces, this was a major step forward. The provisions of the law enshrined the right of each person to an environment free from harassment, thereby imposing on employers the obligation to prevent any situation of harassment and to put an end to it if necessary.
A lot has been covered in 20 years. The issue of psychological harassment has become increasingly important in the workplace.
“It’s no longer a taboo like before. Workers talk about it more and will react more quickly to a case,” says Luc Brière, psychological harassment investigator at the Commission for Standards, Equity, Health and Safety at Work ( CNESST).
In 2022, the CNESST received 4,909 requests for appeal for reasons of psychological or sexual harassment, marking an increase compared to the previous year (4,398).
“This does not necessarily mean an increase in workplace harassment. People are better informed of the remedies available and are more and more inclined to assert their rights,” explains Luc Brière.
Strengthening the law
Over time, the law was amended to become more robust. In 2018, the notion of sexual harassment was integrated. New provisions have also strengthened the responsibility of employers with the obligation to put in place a policy for the prevention and handling of complaints.
In 2021, changes were also made to the Occupational Health and Safety Act establishing the protection of psychological health at work as a shared responsibility.
Serious consequences
Psychological and sexual harassment has devastating effects. Whether abusive behavior is committed by managers, colleagues or third parties (customers, suppliers), it can affect the well-being, mental and physical health of people and create a tense atmosphere that is detrimental to the work climate and productivity. .
At work, it is crucial to measure the impact of your actions and words. Luc Brière takes the example of ribald jokes: “work teams are often made up of people from different backgrounds, cultures and sensitivities. What is considered a harmless joke to some may be seen as inappropriate or offensive to others. Caution is required,” he recalls.
Prevention, an essential key
The employer must ensure that it establishes a clear harassment prevention policy and communicates it well to staff.
This policy should include training to make workers aware of the various forms that harassment can take — whether it occurs in the office or in a teleworking context — and the damage it can cause.
It is also important to specifically train managers so that they can recognize the signs and intervene effectively.
Finally, the employer must provide a reporting and support mechanism for its employees who are victims or witnesses of harassment.
Recognize forms of harassment
Psychological or sexual harassment can take various forms. How to recognize it correctly? Here are some criteria to consider:
- Are the behaviors (gestures and/or words) abusive, humiliating or offensive?
- Are they repeated? (or is it just one serious event)
- Are they hostile or unwanted?
- Do they harm your dignity (respect and self-esteem) or your integrity (physical and psychological balance)?
- Are they making your workplace bad for you?
A yes to all of these questions is a red flag.
Constantly evolving
In addition to ensuring the application of the legislation, the CNESST provides guides, tools and training to help employers and workers understand harassment in the workplace and intervene appropriately.
She receives and follows up on complaints and can intervene to ensure that appropriate measures are taken to resolve the situation.
Although considerable progress has been made over the past 20 years, efforts must continue to create healthy and safe work environments.
This is also the objective behind the Act to prevent and combat psychological harassment and sexual violence in the workplace, which was adopted on March 21. This new law introduces several measurements which aim to strengthen the prevention and treatment of psychological harassment and sexual violence in the workplace. It also aims to facilitate the exercise of remedies available to workers.