Are you Ready for Bill 132? Ontario’s New Sexual Violence and Harassment Law

Overview of the Bill 132 Amendments:

1. The definition of "workplace harassment" in subsection 1 (1) of the Act will be amended to include "workplace sexual harassment".

2. Employers must develop a written program dealing with workplace harassment and consult the joint health and safety committee or a health and safety representative regarding the development and implementation of the program.

3. Employers must ensure the written program respecting workplace harassment, includes:

· measures and procedures for workers to report incidents of workplace harassment to a person other than the employer or supervisor, if the employer or supervisor is the alleged harasser;

· how incidents or complaints of workplace harassment will be investigated and dealt with;

· how information obtained about an incident or complaint of workplace harassment, including identifying information about any individuals involved, will not be disclosed unless the disclosure is necessary for the purposes of investigating or taking corrective action with respect to the incident or complaint, or is otherwise required by law; and

· how a worker who has allegedly experienced workplace harassment and the alleged harasser, if he or she is a worker of the employer, will be informed of the results of the investigation and of any corrective action that has been taken or that will be taken as a result of the investigation

4. Employers have a legal duty to protect workers from workplace harassment as follows:

· Conduct an investigation into incidents and complaints of workplace harassment that is appropriate in the circumstances;

· Inform the worker who allegedly experienced workplace harassment and the alleged harasser, in writing, of the results of the investigation and of any corrective action that has been taken or that will be taken as a result of the investigation;

· Review the program as often as necessary, but at least annually; and

· Ensure workplace parties carry out their legal duties under the Act.

5. Finally, Ministry of Labour inspector's inspectors will have a clearly defined role in the resolution of workplace harassment complaints or issues because they will be able to order an employer to have an investigation conducted by a knowledgeable, impartial person and to obtain a written report by that person.

Bill 132 substantively changes the existing workplace violence and harassment provisions in the Act, in particular those related to workplace harassment. Employers need to undertake a comprehensive review of their existing workplace violence and harassment policies and program, in consideration of the Bill 132 amendments.