FEWO Committee Report
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A STUDY ON SEXUAL HARASSMENT IN THE FEDERAL WORKPLACEINTRODUCTIONA. OverviewOn 16 May 2012, the House of Commons Standing Committee on the Status of Women (the Committee) adopted the following motion: It was agreed, – That the Committee conduct a study of sexual harassment in workplaces in the federal jurisdiction; the impact and cost of sexual harassment; whether the current complaint/reporting channels of federal organizations are effective in addressing sexual harassment; whether current policies – Treasury Board and organization specific policies – should be amended or improved.[1] In total, the Committee devoted 25 meetings to the study of sexual harassment in the federal workplace, and heard from 78 witnesses, all in the 1st Session of the 41st Parliament. For the purposes of this study, the federal workplace means the federal public administration, including both civilian and non-civilian components of the Royal Canadian Mounted Police (RCMP) and the Canadian Forces (CF); federally regulated industries; and Parliamentary workplaces, including the House of Commons, the Senate and the Library of Parliament. This report provides a summary of information received and testimony heard by the Committee with respect to the current legal and regulatory framework for both civilians and military and police, a discussion about the incidence and prevalence of sexual harassment in the federal workplace, the processes for responding to complaints of sexual harassment and factors affecting sexual harassment in the workplace. Based on this information, the Committee has also put forward recommendations. B. Defining Sexual HarassmentDespite both national and international efforts to prevent and resolve sexual harassment in the workplace, there is no single definition of what constitutes such behaviour. According to the United Nations General Recommendation 19 made by the Convention on the Elimination of all Forms of Discrimination Against Women, sexual harassment: [I]ncludes such unwelcome sexually determined behaviour as physical contact and advances, sexually coloured remarks, showing pornography and sexual demand, whether by words or actions. Such conduct can be humiliating and may constitute a health and safety problem; it is discriminatory when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment, including recruitment or promotion, or when it creates a hostile working environment.[2] It should be noted that in this definition and those contained in Canadian laws and policies (discussed in greater detail in the next sections of this report), sexual harassment is not intended to include sexual assault or other criminal behaviour, which is outside the parameters of this study and the relevant laws and policies for prevention and resolution of sexual harassment. C. ChronologyIn Canada, the road to the current policies and legislative framework begins in 1977, with the Canadian Human Rights Act (CHRA) coming into force, and continues to 2012, with a new Treasury Board policy with respect to preventing and resolving sexual harassment in the workplace. These initiatives are outlined below.
Dates of developments more specific to the CF and the RCMP are addressed in a later section of this report. D. Understanding Sexual HarassmentThe Committee was told that sexual harassment is often regarded as the inappropriate sexual advances of one individual — a “bad apple” — towards another individual, and this characterization places the causes of harassment in the private sphere.[3] Using this perspective, sexual harassment is portrayed as sexual in motive and as a situation emerging from the relationship between two people.[4] A number of witnesses indicated that the understanding of sexual harassment should expand beyond the private sphere of individual relationships; sexual harassment can be upheld by a workplace culture and can be systemic in nature.[5] Organizational factors, such as policies, procedures and daily practices can establish systemic trends or patterns that contribute to an environment predisposed to sexual harassment.[6] As one witness explained, a workplace must not only address individual conduct, but should also be willing to scrutinize and change a wide range of institutional policies, procedures and daily practices to prevent sexual harassment.[7] The Committee was informed that while the general public understands the stereotypical image of sexual harassment of a female secretary or woman working at a bar, sexual harassment can happen in any other workplace environment.[8] In addition, the Committee heard that manifestations and behaviours in sexual harassment can range from very subtle language that permeates workplaces to sexual assault, which is a criminal offence.[9] As noted above, for the purpose of this study, the Committee focused on sexual harassment that is not criminal in nature. As the Committee has learned, sexual harassment is no longer seen as just a “women’s issue,” and is now recognized as illegal and immoral behaviour that harms everyone in a workplace.[10] The Committee heard that there are serious personal and organizational costs to sexual harassment, addressed in greater detail below. Victims of sexual harassment experience a range of physical, emotional and financial costs.[11] The negative effects can begin immediately after the first incident and can last long after the harassment stops,[12] but can be mitigated by a healthy workplace culture.[13] The Committee was told that the consequences of sexual harassment can be more severe if the targeted individual cannot escape the situation (for example, for financial reasons),[14] if the individual has been previously victimized, either at work or in her or his personal life,[15] or if the harassment becomes physically violent in nature.[16] As the Committee learned, a 2004 Centre for Research & Education on Violence against Women & Children publication, funded in part by Status of Women Canada, noted that women cope with sexual harassment through externally focused behavioural strategies (such as avoidance, assertion, seeking support from family or friends, and seeking help from management) and internally focused psychological strategies (such as denial, detachment, endurance, defining the situation in a way that it is not seen as sexual harassment, and self-blame).[17] Witnesses described the severe impact that sexual harassment can have on a victim’s health, leading to physical and psychological problems.[18] Physical consequences of sexual harassment can include fatigue, headaches, gastrointestinal disorders, teeth grinding, eating disorders and nausea.[19] On a psychological level,[20] cases of sexual harassment can lead to emotional responses such as humiliation, embarrassment, fear, stress,[21] loss of self-esteem and growth of self-doubt,[22] social isolation and alienation,[23] and helplessness and vulnerability.[24] Mental health conditions caused by psychological distress[25] can include depression and anxiety,[26] and post-traumatic stress disorder,[27] and can lead to suicidal thoughts.[28] Witnesses explained that often victims end up on stress leave or sick leave, both before reporting sexual harassment and during the reporting process.[29] The Committee was also told that victims may start abusing drugs or alcohol in an attempt to cope with the sexual harassment.[30] Witnesses told the Committee that sexual harassment can have an impact on a victim’s ability to maintain healthy relationships or form meaningful new ones, leading to the suffering of family, particularly spouses and children.[31] An additional source of pressure on the individual and on her or his family members is the financial cost of taking stress leave or sick leave and of the reporting process, particularly legal fees.[32] Another serious consequence of sexual harassment, highlighted by witnesses, is that some victims choose to quit their jobs, change careers, or take early retirement.[33] One witness indicated that in her research of sexual harassment complaint files in Australia, only around one in six complainants remained employed in the organization where the sexual harassment allegedly occurred.[34] Although a rare occurrence, the Committee heard that the most serious consequence of sexual harassment is violence, including fatal violence.[35] One witness spoke of a severe case of workplace sexual harassment where harassment of a female employee by her boss escalated to the point where she was murdered by him.[36] In addition to higher levels of turnover, the Committee heard that cases of sexual harassment, whether they have been reported or not, can lead to tension and conflicts in the workplace.[37] Incidents of sexual harassment can have “a radiating effect,” which creates a poisoned work environment.[38] Witnesses described workplace problems for both victims and their colleagues, including poor performance, lack of focus, a decrease in productivity and low morale.[39] As noted above, high staff turnover[40] and absenteeism[41] can also become problems. As well, the Committee heard from many witnesses that sexual harassment can result in important financial costs to the organization and employer, such as the direct costs of a case settlement[42] or indirect costs in the form of lost productivity.[43] [1] House of Commons, Standing Committee on the Status of Women [FEWO], Minutes of Proceedings, 16 May 2012. [2] United Nations: Division for the Advancement of Women – Department of Economic and Social Affairs, Convention on the Elimination of All Forms of Discrimination against Women – General recommendations made by the Committee on the Elimination of Discrimination against Women. [3] FEWO, Evidence, 1st Session, 41st Parliament, 22 April 2013, 1805 (Professor Paula McDonald, Business School, Queensland University of Technology, appearing as an individual); FEWO, Evidence, 12 February 2013, 1130 (PO 1 Shanna Wilson, National Military Co-Chair, Defence Women’s Advisory Organization); FEWO, Evidence, 16 April 2013, 1150 (Dr. Jennifer Berdahl, Professor, University of Toronto, appearing as an individual). Please note that all evidence cited in this report, unless otherwise noted, was presented during the 1st Session of the 41st Parliament. [4] FEWO, Evidence, 16 April 2013, 1150 (Dr. Jennifer Berdahl, Professor, University of Toronto, appearing as an individual); FEWO, Evidence, 12 February 2013, 1130 (PO 1 Shanna Wilson, National Military Co-Chair, Defence Women’s Advisory Organization). [5] FEWO, Evidence, 31 January 2013, 1140 (Ms. Ann Therese MacEachern, Vice-President, Human Resources, Canada Post); FEWO, Evidence, 6 December 2012, 0850 (Ms. Vicky Smallman, National Director, Women’s and Human Rights Department, Canadian Labour Congress); FEWO, Evidence, 16 April 2013, 1205 (Dr. Sandy Welsh, Professor of Sociology, Vice-Dean, Graduate Education and Program Reviews, Faculty of Arts and Science, University of Toronto, appearing as an individual). [6] FEWO, Evidence, 12 February 2013, 1130 (PO 1 Shanna Wilson, National Military Co-Chair, Defence Women’s Advisory Organization); Lynn Bowes-Sperry et al., “Sexual Harassment at Work: Moving Research Forward,” Journal of Management, Vol. 35, p. 503. [7] FEWO, Evidence, 16 April 2013, 1145 (Ms. Barbara MacQuarrie, Community Director, Faculty of Education, Western University, Centre for Research & Education on Violence Against Women & Children). [8] FEWO, Evidence, 26 March 2013, 1120 (Ms. Cindy Viau, Director’s Advisor, The Quebec Help and Information Centre on Harassment in the Workplace). [9] FEWO, Evidence, 22 April 2013, 1815 (Professor Paula McDonald, Business School, Queensland University of Technology, appearing as an individual). [10] Jennifer Berdahl et al., “Sexual Harassment in Organizations: A Decade of Research in Review,” The Sage Handbook of Organizational Behavior, 2008, p. 492. [11] FEWO, Evidence, 23 May 2013, 1200 (Professor Linda Collinsworth, Associate Professor of Psychology, Millikin University, appearing as an individual); “Partial transcription of testimony given at a public meeting on 22 April 2013,” transcript distributed to FEWO (Ms. Krista Carle), p. 17. [12] FEWO, Evidence, 23 May 2013, 1210 (Professor Linda Collinsworth, Associate Professor of Psychology, Millikin University, appearing as an individual). [13] Ibid. [14] Ibid., 1215. [15] Ibid., 1220. [16] Ibid., 1215. [17] Barbara MacQuarrie et al., Workplace Harassment and Violence Report, Centre for Research & Education on Violence Against Women & Children, 2004, p. 86. [18] FEWO, Evidence, 16 April 2013, 1210 (Dr. Sandy Welsh, Professor of Sociology, Vice-Dean, Graduate Education and Program Reviews, Faculty of Arts and Science, University of Toronto, appearing as an individual); FEWO, Evidence, 16 October 2012, 0950 (Mr. David Langtry, Acting Chief Commissioner, Chief Commissioner’s Office, Canadian Human Rights Commission); FEWO, Evidence, 14 February 2013, 1220 (Mr. Robin Kers, Labour Relations Officer, National Office, Union of Solicitor General Employees); FEWO, Evidence, 28 May 2013, 1205 (Dr. Lynn Bowes-Sperry, Association Professor of Management, College of Business, Western New England University, appearing as an individual). [19] FEWO, Evidence, 23 May 2013, 1205 (Professor Linda Collinsworth, Associate Professor of Psychology, Millikin University, appearing as an individual). [20] FEWO, Evidence, 16 October 2012, 0950 (Mr. David Langtry, Acting Chief Commissioner, Chief Commissioner’s Office, Canadian Human Rights Commission); FEWO, Evidence, 16 April 2013, 1145 (Ms. Barbara MacQuarrie, Community Director, Faculty of Education, Western University, Centre for Research & Education on Violence Against Women & Children); Treasury Board Secretariat, “Workplace Harassment Prevention and Resolution,” submitted to FEWO, 13 December 2012; “Partial transcription of testimony given at a public meeting on 22 April 2013,” transcript distributed to FEWO (Ms. Jamie Hanlon), p. 13. [21] See for example: FEWO, Evidence, 23 May 2013, 1145 (Ms. Sherry Lee Benson-Podolchuk, appearing as an individual); FEWO, Evidence, 23 May 2013, 1200 (Professor Linda Collinsworth, Associate Professor of Psychology, Millikin University, appearing as an individual); FEWO, Evidence, 28 May 2013, 1110 (Ms. Ainslie Benedict, Partner, Nelligan O’Brien Payne LLP, Women’s Legal Education and Action Fund); FEWO, Evidence, 28 May 2013, 1235 (Dr. Lynn Bowes-Sperry, Association Professor of Management, College of Business, Western New England University, appearing as an individual). [22] FEWO, Evidence, 7 March 2013, 1110 (Ms. Sherry Lee Benson-Podolchuk, appearing as an individual); Treasury Board Secretariat, “Workplace Harassment Prevention and Resolution,” submitted to FEWO, 13 December 2012; FEWO, Evidence, 23 May 2013, 1200 (Professor Linda Collinsworth, Associate Professor of Psychology, Millikin University, appearing as an individual); “Partial transcription of testimony given at a public meeting on 22 April 2013,” transcript distributed to FEWO (Ms. Krista Carle), p. 16. [23] FEWO, Evidence, 6 December 2012, 0850 (Ms. Vicky Smallman, National Director, Women’s and Human Rights Department, Canadian Labour Congress); FEWO, Evidence, 26 March 2013, 1130 (Ms. Cindy Viau, Director’s Advisor, The Quebec Help and Information Centre on Harassment in the Workplace); Treasury Board Secretariat, “Workplace Harassment Prevention and Resolution,” submitted to FEWO, 13 December 2012. [24] Linda L. Collinsworth et al., “In Harm’s Way: Factors Related to Psychological Distress Following Sexual Harassment,” Psychology of Women Quarterly, Vol. 33, 2009, p. 475. [25] FEWO, Evidence, 26 March 2013, 1115 (Ms. Cindy Viau, Director’s Advisor, The Quebec Help and Information Centre on Harassment in the Workplace); Treasury Board Secretariat, “Workplace Harassment Prevention and Resolution,” submitted to FEWO, 13 December 2012. [26] See for example: FEWO, Evidence, 26 March 2013, 1110 (Ms. Cindy Viau, Director’s Advisor, The Quebec Help and Information Centre on Harassment in the Workplace); FEWO, Evidence, 23 May 2013, 1205 (Professor Linda Collinsworth, Associate Professor of Psychology, Millikin University, appearing as an individual); FEWO, Evidence, 28 May 2013, 1110 (Ms. Ainslie Benedict, Partner, Nelligan O’Brien Payne LLP, Women’s Legal Education and Action Fund); “Partial transcription of testimony given at a public meeting on 22 April 2013,” transcript distributed to FEWO (Ms. Sherry Lee Benson-Podolchuk), p. 2; (Ms. Jamie Hanlon), p. 15; (Ms. Krista Carle), p. 16. [27] FEWO, Evidence, 14 February 2013, 1220 (Mr. Robin Kers, Labour Relations Officer, National Office, Union of Solicitor General Employees); FEWO, Evidence, 23 May 2013, 1205 (Professor Linda Collinsworth, Associate Professor of Psychology, Millikin University, appearing as an individual); FEWO, Evidence, 28 May 2013, 1110 (Ms. Ainslie Benedict, Partner, Nelligan O’Brien Payne LLP, Women’s Legal Education and Action Fund); “Partial transcription of testimony given at a public meeting on 22 April 2013,” transcript distributed to FEWO (Ms. Sherry Lee Benson-Podolchuk), p. 4; (Ms. Jamie Hanlon), p. 15; (Ms. Krista Carle), p. 16. [28] FEWO, Evidence, 23 May 2013, 1140 (Ms. Sherry Lee Benson-Podolchuk, appearing as an individual). [29] See for example: FEWO, Evidence, 6 December 2012, 0850 (Ms. Vicky Smallman, National Director, Women’s and Human Rights Department, Canadian Labour Congress); FEWO, Evidence, 26 March 2013, 1115 (Ms. Cindy Viau, Director’s Advisor, The Quebec Help and Information Centre on Harassment in the Workplace); FEWO, Evidence, 28 May 2013, 1110 (Ms. Ainslie Benedict, Partner, Nelligan O’Brien Payne LLP, Women’s Legal Education and Action Fund); “Partial transcription of testimony given at a public meeting on 22 April 2013,” transcript distributed to FEWO (Ms. Catherine Galliford), p. 21. [30] FEWO, Evidence, 6 December 2012, 0850 (Ms. Vicky Smallman, National Director, Women’s and Human Rights Department, Canadian Labour Congress); “Partial transcription of testimony given at a public meeting on 22 April 2013”, transcript distributed to FEWO (Ms. Jamie Hanlon), p. 15; (Ms. Catherine Galliford), p. 22. [31] FEWO, Evidence, 7 March 2013, 1115 (Ms. Sherry Lee Benson-Podolchuk, appearing as an individual); FEWO, Evidence, 26 March 2013, 1130 (Ms. Cindy Viau, Director’s Advisor, The Quebec Help and Information Centre on Harassment in the Workplace); Treasury Board Secretariat, “Workplace Harassment Prevention and Resolution,” submitted to FEWO, 13 December 2012; “Partial transcription of testimony given at a public meeting on 22 April 2013,” transcript distributed to FEWO (Ms. Jamie Hanlon), p. 15; (Ms. Krista Carle), p. 16. [32] FEWO, Evidence, 26 March 2013, 1110 (Ms. Cindy Viau, Director’s Advisor, The Quebec Help and Information Centre on Harassment in the Workplace); FEWO, Evidence, 16 April 2013, 1145 (Ms. Barbara MacQuarrie, Community Director, Faculty of Education, Western University, Centre for Research & Education on Violence Against Women & Children); FEWO, Evidence, 28 May 2013, 1110 (Ms. Ainslie Benedict, Partner, Nelligan O’Brien Payne LLP, Women’s Legal Education and Action Fund); “Partial transcription of testimony given at a public meeting on 22 April 2013,” transcript distributed to FEWO (Ms. Krista Carle), p. 17. [33] See for example: FEWO, Evidence, 7 March 2013, 1110 (Ms. Sherry Lee Benson-Podolchuk, appearing as an individual); FEWO, Evidence, 4 December 2012, 0905 (Colonel Alain Gauthier, Acting Director General, Operations, National Defence and Canadian Forces Ombudsman); FEWO, Evidence, 12 February 2013, 1115 (LCol Karen Davis, Defence Scientist, Director General Military Personnel Research and Analysis, Canadian Forces Leadership Institute, appearing as an individual); FEWO, Evidence, 28 May 2013, 1110 (Ms. Ainslie Benedict, Partner, Nelligan O’Brien Payne LLP, Women’s Legal Education and Action Fund); “Partial transcription of testimony given at a public meeting on 22 April 2013,” transcript distributed to FEWO (Ms. Jamie Hanlon), p. 12; (Ms. Krista Carle), p. 16. [34] FEWO, Evidence, 22 April 2013, 1805 (Professor Paula McDonald, Business School, Queensland University of Technology, appearing as an individual). [35] FEWO, Evidence, 6 December 2012, 0850 (Ms. Vicky Smallman, National Director, Women’s and Human Rights Department, Canadian Labour Congress); FEWO, Evidence, 23 May 2013, 1115 (Ms. Sherry Lee Benson-Podolchuk, appearing as an individual); FEWO, Evidence, 28 May 2013, 1205 (Dr. Lynn Bowes-Sperry, Association Professor of Management, College of Business, Western New England University, appearing as an individual). [36] FEWO, Evidence, 16 April 2013, 1140 (Ms. Barbara MacQuarrie, Community Director, Faculty of Education, Western University, Centre for Research & Education on Violence Against Women & Children). [37] FEWO, Evidence, 29 January 2013, 1100 (Ms. Robyn Benson, National President, Public Service Alliance of Canada); FEWO, Evidence, 7 February 2013, 1155 (Ms. Paula Turtle, Canadian Counsel, United Steelworkers); FEWO, Evidence, 18 April 2013, 1210 (Commissioner Chris D. Lewis, Commissioner, Field Operations, Ontario Provincial Police); FEWO, Evidence, 28 May 2013, 1205 (Dr. Lynn Bowes-Sperry, Association Professor of Management, College of Business, Western New England University, appearing as an individual). [38] FEWO, Evidence, 26 March 2013, 1215 (Deputy Chief Michael Federico, Deputy Chief, Toronto Police Service); FEWO, Evidence, 23 May 2013, 1110 (Ms. Sherry Lee Benson-Podolchuk, appearing as an individual); FEWO, Evidence, 28 May 2013, 1115 (Ms. Ainslie Benedict, Partner, Nelligan O’Brien Payne LLP, Women’s Legal Education and Action Fund); FEWO, Evidence, 28 May 2013, 1210 (Dr. Lynn Bowes-Sperry, Association Professor of Management, College of Business, Western New England University, appearing as an individual). [39] See for example: FEWO, Evidence, 16 October 2012, 0950 (Mr. David Langtry, Acting Chief Commissioner, Chief Commissioner’s Office, Canadian Human Rights Commission); FEWO, Evidence, 29 November 2012, 1005 (Ms. Pat Langan-Torell, Director, Values and Ethics, Department of Foreign Affairs and International Trade); FEWO, Evidence, 26 March 2013, 1215 (Deputy Chief Michael Federico, Deputy Chief, Toronto Police Service); FEWO, Evidence, 16 April 2013, 1220 (Ms. Barbara MacQuarrie, Community Director, Faculty of Education, Western University, Centre for Research & Education on Violence Against Women & Children); Treasury Board Secretariat, “Workplace Harassment Prevention and Resolution,” submitted to FEWO, 13 December 2012. [40] FEWO, Evidence, 26 March 2013, 1210 (Deputy Chief Michael Federico, Deputy Chief, Toronto Police Service); FEWO, Evidence, 6 December 2012, 0930 (Ms. Vicky Smallman, National Director, Women’s and Human Rights Department, Canadian Labour Congress); Treasury Board Secretariat, “Workplace Harassment Prevention and Resolution,” submitted to FEWO, 13 December 2012; FEWO, Evidence, 28 May 2013, 1110 (Ms. Ainslie Benedict, Partner, Nelligan O’Brien Payne LLP, Women’s Legal Education and Action Fund). [41] FEWO, Evidence, 29 November 2012, 1005 (Ms. Pat Langan-Torell, Director, Values and Ethics, Department of Foreign Affairs and International Trade); FEWO, Evidence, 6 December 2012, 0850 (Ms. Vicky Smallman, National Director, Women’s and Human Rights Department, Canadian Labour Congress); FEWO, Evidence, 26 March 2013, 1210 (Deputy Chief Michael Federico, Deputy Chief, Toronto Police Service). [42] FEWO, Evidence, 23 October 2012, 0950 (Mr. Christopher Rootham, Partner and Director of Research, Labour Law and Employment Law Groups, Nelligan O’Brien Payne); FEWO, Evidence, 26 March 2013, 1215 (Deputy Chief Michael Federico, Deputy Chief, Toronto Police Service). [43] See for example: FEWO, Evidence, 14 February 2013, 1220 (Mr. Robin Kers, Labour Relations Officer, National Office, Union of Solicitor General Employees); FEWO, Evidence, 26 February 2013, 1100 (Mr. Ian McPhail, Interim Chair, Chair’s Office, Royal Canadian Mounted Police Public Complaints Commission); FEWO, Evidence, 7 March 2013, 1120 (Ms. Sherry Lee Benson-Podolchuk, appearing as an individual); FEWO, Evidence, 29 November 2012, 1005 (Ms. Pat Langan-Torell, Director, Values and Ethics, Department of Foreign Affairs and International Trade). |