Preventing harassment in the workplace

**Legislative changes to the Act to Prevent and Combat Psychological Harassment and Sexual Violence in the Workplace : are you compliant?**

Statistics Canada recently reported that approximately 60% of employed women and 39% of employed men between the ages of 25 and 34 reported having experienced psychological or sexual harassment in the workplace. Yet, despite organizations’ prevention efforts, the majority of employees don’t file a complaint or even know about the policy in place.

On March 27, 2024, Bill 42 was assented to by the National Assembly. The bill aims to make workplaces safer and more respectful by providing a better framework for preventing psychological harassment and sexual violence. It amends several laws accordingly.

Quebec Health and Safety Act

Among the changes is the introduction of the definition of sexual violence to the Quebec Health and Safety Act (LSST), which reads as follows: “any form of violence targeting sexuality or any other misconduct manifested in particular by unwanted gestures, practices, words, behaviors or attitudes with a sexual connotation, whether they occur on a single occasion or repeatedly, which includes violence relating to sexual and gender diversity.”

Act respecting industrial accidents and occupational diseases

The Act respecting industrial accidents and occupational diseases (AIAOD) introduces new presumptions of employment injury to facilitate recognition of an injury resulting from sexual violence. Changes have also been made to employers’ access to medical records, the time limit for filing a claim, and the rules governing imputation.

An Act respecting labour standards: Preventing and stopping harassment

The Act respecting labour standards (LSA) imposes new obligations on employers. From now on, employers must prevent and put a stop to harassment from “any person”. This notion adds customers, suppliers, partners, etc. to other employees. The law also protects the complainant from any form of reprisal, and an action for prohibited practice could be brought in such a case. Moreover, amnesty clauses are prohibited, and the bill gives the Tribunal the right to order an employer to pay punitive damages to a victim, even if the victim is found to have suffered an employment injury as a result of the harassment.

Consequently, employers must take reasonable steps to prevent and combat harassment and sexual violence in the workplace. Employers must revise their harassment prevention policies by September 28, 2024, to include the following elements:

The methods and techniques used to identify, control and eliminate the risks of psychological harassment ;
Employee information and training programs on the prevention of psychological harassment offered to employees and to persons designated by the employer to handle a complaint or report;
Recommendations for employee conduct during work-related social events ;
The process for filing a complaint, a report or for providing the employer with information and documents relating to psychological harassment, as well as the identity of the person designated to take charge of it and details of the follow-up to be given by the employer following the filing of a complaint, report or other document;
Measures put in place by the employer to protect employees who are victims of psychological harassment and any person who has participated in the process of filing a complaint of this nature;
The process of dealing with a situation of psychological harassment and an investigation ;
Measures put in place by the employer to ensure the confidentiality of a complaint ;
Minimum two-year retention period for documents relating to psychological harassment.

Obviously, communication of the policy remains an essential element of its dissemination. Be sure to obtain an acknowledgement of receipt, or even training if necessary.

In conclusion

In order to comply with this new law and avoid exposure to sanctions, it is imperative that you review your harassment prevention policy and ensure that you take all necessary measures to prevent sexual harassment and violence in the workplace. Creating and maintaining safe and healthy workplaces should be a priority.

An article from our Human Capital team.