By Terry Hadley
The legal system protects human rights in the workplace, but "it’s the people in power and the decisions we make that make the difference," Erica Pinsky told The Vancouver Board of Trade at a Managers’ Toolbox® sponsored by Bank of Montreal.
And when it comes to rights in the workplace, the responsibility lies with every single one of us, said Pinsky, who herself was a victim of discriminatory behaviour in her first job.
The fact is, employees rarely speak up about harassment in the workplace and unacceptable behaviour continues unchecked. The majority of people do nothing, take stress leave or are eventually driven to quit their job. "Don’t wait for a complaint, it won’t come," Pinsky warned, advising that every company should put mechanisms in place to halt such behaviour early on.
Human rights in Canada cover the three areas of employment, the provision of goods and services and housing, and Pinsky reminded businesses that service providers have a dual statutory obligation to both their employees and to provide their clients "service with respect."
Being respectful means no discriminatory behaviour that "disadvantages someone relative to other groups." It is statutory that the employer has to promote equality of opportunity and outcome. Unfortunately, people, power and prejudice often get in the way. So can fear of change.
Pinsky gave the example of a company accommodating women for the first time onto a rural workplace some years ago. They required separate washroom facilities and maternity leave, and those both cost money. Then there was a fear of change to the male-dominated culture and the fear of sexual harassment cases, so why bother?
Pinsky, who has mediated a large number of different cases, says a company cannot win by refusing to accommodate differences. It ends up in an expensive lawsuit and tarnishes the organization forever. "As Canada goes forward, there will be more and more requirement to accommodate difference," she said.
The list of differences is growing longer. Pinsky outlined how the majority of Human Rights Tribunal cases in Canada used to be sexual harassment. The biggest percentage then changed to racial complaints, and currently, the majority are complaints based on disability, especially with an aging workforce. Addictions to alcohol and drugs are also classed as disabilities requiring time for treatment and rehabilitation back into the workplace, several times if necessary, both added to a "growing list of disabilities that we are dealing with."
Pinsky predicts the next area of legislation will cover bullying in the workplace, and the victim will not necessarily have to come from a "protected" group (including women, people with disabilities and aboriginals) to prove their case. New Workers’ Compensation Board (WCB) regulations cover issues such as inappropriate horseplay or practical jokes with a risk of harm or violence.
"Diversity is a fact of life for us and it’s going to continue," Pinsky said. "So let’s accept it and reach the 'win-win' solution."
The way to do this, according to Pinsky, is to empower employees to report harassment, rather than running from what they perceive will turn into an uncomfortable confrontation.
A company can create tools to enable "respectful conversations." If a person is suddenly disabled and can no longer fulfill their job description, there can be an exploratory dialogue on how they can fulfill parts of their job without "accommodating to the point of undue hardship" to the firm. A lower salary might have to be the option, and that can still be deemed "reasonable" by law. The employer does not necessarily have to comply with all the demands made.
Organizations that manage to avoid harassment or bullying examine their work culture — how people interact, what languages are spoken, how people dress. Inappropriate behaviour develops on its own "if we don’t take a proactive approach." Open dialogue on what is appropriate in the workplace is encouraged so there is no lack of awareness over what is expected. Developing such a culture also empowers employees to come forward so that uncomfortable behaviour can be addressed early, thereby creating "a collective consciousness about what constitutes respectful behaviour."
Models for communication can be established to deal with any conflict to promote a respectful resolution. And it is also important to lead by example — whatever the boss does should be acceptable behaviour. "The problem comes when people don’t deal with it," she said. "The choice is yours."
This article reproduced courtesy of The Vancouver Board of Trade.
