Human Rights law in Canada requires employers to create and maintain a discrimination and harassment free environment for employees, customers and visitors. Many employers do not become aware of this fact until a complaint is filed and the nasty issue of employer liability in human rights law rears its ugly head.

Liability for employers is human rights law is statutory and absolute. It cannot be evaded or contracted out of. However, there is a means to limit that liability. One of these is the adoption of an anti-discrimination/anti-harassment policy.

My approach is to encourage my clients to adopt a comprehensive Respectful Workplace Policy. A Respectful Workplace Policy covers discrimination, harassment, bullying, violence and conflict in the workplace. Each type of conflict is distinguished in the Policy and appropriate complaint processes are developed for each type of complaint.

In conjunction with the Respectful Workplace Policy, I also recommend that clients adopt a Code of Conduct, which I call Respectful Workplace Guidelines, as part of a Respectful Workplace Policy. In the ever changing reality of a multi-cultural work environment, a lot of employees just don’t know what is and is not appropriate behaviour in the workplace. What used to be acceptable a few years ago, may not be acceptable any longer. Respectful Workplace Guidelines provide a foundation which outlines behavioural expectations for all employees and greatly assists in creating a respectful, comfortable and productive work environment, while providing employers with an important tool to use in managing inappropriate employee behaviour, including workplace harassment, bullying and violence. Respectful Workplace Guidelines are a management tool which I strongly advocate for my clients.

The adoption of a Respectful Workplace Policy is a proactive approach that ensures that employers are equipped to face the complex challenges of managing human rights, bullying and conflict complaints in the workplace.