Sample Workplace Policy: Anti-Harassment

The purpose of this policy is to prevent and investigate harassment in the workplace. The policy applies to the employer and all employees of [Name of Organization]

Harassment is any single or repeated occurrence of inappropriate conduct, comment, display, action or gesture or incidents of bullying that the person knows or ought reasonably to know could have a harmful effect on the employee's psychological or physical health and safety.

Harassment includes conduct that is based on any personal characteristic such as, but not limited to o, race, creed, religion, colour, sex, sexual orientation, gender identity, pregnancy, marital status, family status, disability, physical size or weight, age, nationality, ancestry or place of origin.

Harassment also includes any inappropriate sexual conduct that is known or ought reasonably to be known to the person responsible for the conduct to be unwelcome, such as, but not limited to sexual solicitation or advances, sexually suggestive remarks, jokes or gestures, circulation or sharing inappropriate images or unwanted physical contact. {Note; Guide to Workplace Sexual Harassment Policy and Procedure} 

Reasonable action taken b an employer or supervisor related to the management and direction of employees, such as performance reviews, work evaluation, and disciplinary measures taken for any valid reason, is not harassment.

[Name of Organization] recognizes that everyone has the right to work free of harassment.

No employee will be subjected to reprimand, reprisal or discrimination for reporting a harassment complaint in good faith.

The policy is not intended to discourage, prevent, or preclude a complainant from exercising their legal rights under any other law or filing a complaint under the PEI Human Rights Act.

Everyone at [Name of Organization] - including the employer, supervisors and employees - are responsible to:

• Maintain a respectful and harassment-free workplace.
• Report all incidents of workplace harassment and keep a record of the details of the incident to assist with the investigation.
• Cooperate in the investigation of a workplace harassment complaint as required.
• Understand and follow with the workplace harassment prevention policy.

In addition to the rights and responsibilities of all employees, employers and supervisors have additional responsibilities.

As the employer, [Name of Organization], is responsible to:

• Take all reasonable measures to ensure that no employee is subjected to harassment in the workplace.
• In consultation with the Joint Occupational Health and Safety Committee or Safety Representative, develop and implement a written harassment prevention policy.
• Ensure the policy is readily available to all employees.
• Train supervisors on how to recognize and address workplace harassment.
• Have a process for reporting and investigating workplace harassment.
• Ensure the source of harassment is identified and the harassment is stopped.
• Take corrective action against any employee who subjects another to workplace harassment.
• take all reasonable steps to remedy the effects of harassment and prevent or minimize future incidents.

All [Name of Organization] supervisors are responsible to:

• Ensure all employees are trained on the workplace harassment prevention policy.
• Treat all reports of workplace harassment seriously and respond promptly.
• Address any behaviours that may lead to a workplace harassment complaint.

Informal resolution
If an employee feels they have been subject to workplace harassment, there may be informal ways to resolve the issue, such as asking the person to stope the behaviour or getting assistance from a supervisor. The supervisor may speak to the harasser and may also arrange for mediation, to help the people involved reach an acceptable resolution.

Formal complaint process
If an employee is unable to resolve the matter by dealing directly with the person or is uncomfortable approaching the person, the employee must notify their supervisor or another member of the management immediately to file a formal complaint. If the employer or supervisor is the source of harassment then the employee can contact the HR department to report the complaint.

A complaint form is available [include location of form] and must be completed to initiate the formal process.

The company will investigate all reports of workplace harassment.

• Once a complaint is received, the company will immediately start an investigation.
• The complaint will be investigated thoroughly and promptly by an impartial party (either internal or external) trained to investigate such matters.
• The investigator will review any related documentation and interview the complainant, the alleged harasser, and witnesses, if applicable.
• When the investigation is complete, the investigator will provide a written report for management.
• If it is determined that workplace harassment occurred, the harasser will be subject to corrective action.
• The company will communicate the findings, including any corrective action taken, to the complainant and the accused harasser in writing following the completion of the investigation report.

All complaints must be kept confidential. Information about the people involved and the circumstances of the complaint can only be disclosed to the extent required to report the harassment, conduct the investigation, take corrective action, or when permitted by law.

This policy will be reviewed in consultation with the Joint Occupational Health and Safety Committee or Safety Representative every [number of years] or as required to ensure it is up to date.