Twenty years ago to the day, Quebec became the first state in North America to regulate psychological harassment in the workplace.
Since then, all employees have the right to work in an environment free from psychological harassment, i.e. free from repeated and unwanted words, gestures or behavior that undermine the dignity and integrity of the person. Employers have an obligation to take reasonable steps to ensure a healthy workplace. A victim who feels they are being harassed can report the situation to their employer or union. She can also file a complaint with the Commission for Standards, Pay Equity, Occupational Health and Safety (CNESST).
In 2018, the legislator also adopted new provisions which added to the text of the law elements that, all in all, the case law already provided for, namely the obligation for all organizations to implement a policy of prevention and processing harassment complaints. It was also specified that vexatious behavior of a sexual nature could constitute a form of psychological harassment. Finally, the law requires that every seven years, the Minister of Labor report on the application of these changes.
A sufficient legal framework?
Without presuming the conclusions of a report that should be tabled around 2025, and in the absence of a major turnaround by then, we can unfortunately expect a rather dismal record. The numbers speak for themselves. Over the past five years, the CNESST has processed an average of 3,744 requests for recourse for harassment under the Labor Standards Act.
As for employment injuries attributable to harassment, they went from 57 in 2017 to 277 in 2021, an increase of nearly 400%. This development is not encouraging.
And this is only a very incomplete portrait of the extent of the phenomenon since these data do not include complaints received directly by employers and unions.
Clearly, the current framework does not address or even mitigate the issue. Do all organizations have a policy in place? The answer is no. When there is one, is it known, discussed and kept up to date? Not always. Do victims have confidence in the processes put in place? Not enough. Are still too many people experiencing psychological distress due to harassment going on sick leave or being forced to change jobs to preserve their health and self-esteem? Absolutely.
The next milestones
To encourage whistleblowing and provide a framework for organizations to handle complaints, an investigation by a competent person – with the possibility of mediation at any time – should be made compulsory for employers. Until such an obligation exists, victims will continue to remain silent for fear of reprisals or will have to turn either to remedies that antagonize the parties rather than seek a solution, or to the court of public opinion. Our Ontario neighbors and the federal government have incorporated this obligation into their legislation; Quebec is no longer at the forefront of the fight against psychological harassment.
We are sticking our heads in the sand if we believe bullying only happens to others, is less common due to working from home, or just goes away over time. No workplace is immune and the human and organizational costs are significant. Let us have the courage to put in place solid frameworks and adopt clear actions so that when it comes to harassment, there is zero tolerance.