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Creating a Sexual Harassment Policy

The following should be considered when creating a comprehensive workplace sexual harassment policy:

1. A clear statement that sexual harassment and discrimination will not be tolerated and every employee is entitled to employment free of sexual harassment.
2. The definition of sexual harassment.
3. An explanation of the notion of a “poisoned environment” as a violation of the Ontario Human Rights Code.
4. An explanation of the liability of corporations for the behaviour of their officers, managers, employees, etc.
5. A statement informing employees of the discriminatory practices provisions of the Ontario Human Rights Code that pertains to rights of persons to seek redress under that Code in respect to sexual harassment.
6. A description of the different behaviours prohibited by the policy. A policy cannot describe every possible unacceptable behaviour, but it can give enough examples to become clear. Policies can include the following examples of inappropriate or illegal behaviour:
   • Visual harassment: displaying sexual or nude pictures, cartoons, or calendars on company property; staring or leering at another’s body
   • Written harassment: unwanted e-mail messages that are sexual in nature; sexual or obscene letters, cards, or invitations.
   • Verbal harassment: sexual or obscene comments, jokes, innuendoes, or suggestions; spreading rumours about an employees sex life; asking or telling about sexual fantasies, preferences, or history; negative or offensive comments; jokes or slurs about a person’s gender, race, or sexual orientation.
   • Physical harassment: pinching or brushing up against another person in a suggestive way; touching yourself in a sexual manner in front of another person; physical violence or threat of violence; kissing, fondling or any other similar physical contact that another person finds unacceptable; strippers associated with company events; sexual assault.
   • Blaming the victim: retaliation or punishment of the victim will not be tolerated
   • Disciplinary actions. Highlight what options for actions will be taken for sexual harassment, up to and including dismissal.
7. Guidelines on how to report harassment:
   • Spell out how, when, and where employees can complain and outline the complaint process. Make sure to provide alternative places to file a complaint so targets do not have to go to their own supervisor. Allow employees to report to both women and men so they have a choice as to who they talk with about their complaint, informally and/or formally.
   • Include a statement to the effect that the employer will not disclose the name of a complainant or the circumstances related to the complaint to any person except where disclosure is necessary for the purposes of investigating the complaint or taking disciplinary measures in relation thereto.
   • Be clear as to who will be involved in the investigation and what parameters exist around talking about the harassment at work.
   • Inform employees if they are able to withdraw the complaint if they change their mind.
8. Organizational Procedures
   • Form procedures to ensure that the complaint will be investigated in a prompt and confidential manner, that all parties involved will be treated fairly and receive all results of the investigation.
   • Ensure there will be ongoing monitoring of the workplace environment and training sessions for managers and supervisors as well as employee.

*Adapted from Whole Person Press, 210 Michigan Duluth MN 55802

*For those organizations bound by the Canadian Labour Code, please ensure their specifications for sexual harassment policies are also met.