Professionalism, Etiquette, and Ethical Behavior

Respectful Workplaces in the #MeToo Era

Most of what we have been saying in this chapter and throughout this guide focuses on how we should behave to be effective, respected professionals in our respective workplaces. Unfortunately, this is not what we always see in actual workplaces. Misbehavior is rampant and is especially harmful when it's harassment of a sexual nature. The broader culture took a hopeful step forward toward more respectful workplaces in 2017–2018 with the rise of the #MeToo and Time's Up movements.

Though initially a response to high-profile sexual assault cases in the entertainment industry where perpetrators often went unpunished for decades, #MeToo activists successfully brought the movement to the broader culture via social media. After the outrage of the former CBC Radio host Jian Ghomeshi's acquittal for sexual assault charges, Canada was ripe for a cultural shift against its own issues with rape culture generally and toleration of sexual harassment in the workplace.

Encouraged by a series of public accusations, firings, and resignations of prominent men in the entertainment, media, and political arenas throughout North America, women everywhere were encouraged to challenge widespread toleration of common sexual harassment and assault by reporting incidents to their employers and speaking out to shame everyday offenders in social media. For those who were unaware, it revealed the troubling extent of sexual harassment even in supposedly "nice" Canadian workplaces.

The Prevalence of Sexual Harassment in the Workplace

According to Doing Our Duty: Preventing Sexual Harassment in the Workplace by the Human Resources Professionals Association, "sexual harassment in the workplace is an epidemic that has been allowed to persist" for too long. In a survey of nearly a thousand HRPA members in Ontario, 43% of women said they have been sexually harassed in the workplace, and about four-fifths said they did not report it to their employers. In a separate online survey of 2000 Canadians nationwide, 34% of women reported experiencing sexual harassment in the workplace and 12% of men, and nearly 40% of those say it involved someone who had a direct influence over their career success.

These perceptions are completely out of step with what top executives believe, with 95% of 153 surveyed Canadian CEOs and CFOs confirming that sexual harassment is not a problem in their workplaces. Clearly there are differences of opinion between those who experience sexual harassment on the floor and those in the executive suites who are responsible for the safety of their employees, and much of the confusion may have to do with how sexual harassment is defined.

What is Sexual Harassment?

The Canada Labour Code's definition of sexual harassment is quite broad, but oriented more toward the perception of the person offended than the intentions of the offender. Though there is nothing wrong with discrete flirtation between two consenting adults on break at work, a line is crossed as soon as one of them – or third-party observers – feels uncomfortable with actions or talk of sexual nature. According to Provision 241.1 of the Code, sexual harassment means any conduct, comment, gesture or contact of a sexual nature that is likely to cause offense or humiliation to any employee, or that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion.

The Code clarifies that all employees have a right to conduct their work without being harassed, but what does that look like in practice?

For help with understanding what specific behaviors constitute sexual harassment, the City of Toronto's Human Rights Office's 2017 "Sexual Harassment in the Workplace" guide lists the following 21 examples of offenses that have had their day in court:

Making unnecessary physical contact, including unwanted touching (e.g., stroking hair, demanding hugs, or rubbing a person's back).
Invading personal space.
Using language that puts someone down because of their sex, sexual orientation, gender identity, or gender expression.
Using sex-specific derogatory names, homophobic or transphobic epithets, slurs, or jokes.
Leering or inappropriate staring.
Gender related comments about a person's physical characteristics or mannerisms, comments that police or reinforce traditional heterosexual gender norms.
Targeting someone for not following sex-role stereotypes (e.g., comments made to a female for being in a position of authority).
Showing or sending pornography, sexual images, etc. (e.g., pinning up an image of a naked man in the bathroom).
Making sexual jokes, including forwarding sexual jokes by email.
Rough or vulgar language related to gender (e.g., "locker-room talk").
Spreading sexual rumors, "outing" or threatening to out someone who is LGBTQ2S (e.g., sending an email to colleagues about an affair between a supervisor and another employee).
Making suggestive or offensive comments about members of a specific gender.
Sexually propositioning a person.
Bragging about sexual prowess.
Asking questions about sexual preferences, fantasies, or activities.
Demanding dates or sexual favors.
Verbally abusing, threatening, or taunting someone based on gender.
Threatening to penalize or punish a person who refuses to comply with sexual advances.
Intrusive comments, questions or insults about a person's body, physical characteristics, gender-related medical procedures, clothing, mannerisms, or other forms of gender expression.
Refusing to refer to a person by their self-identified name or proper personal pronoun, or requiring a person to prove their gender.
Circulating or posting of homophobic, transphobic, derogatory or offensive signs, caricatures, graffiti, pictures, or other materials.

The guide explains that any such behaviors involving professional colleagues in the physical or online workspace, as well as offsite outside of normal hours (e.g., work parties or community events), should be reported without fear of reprisal.

How to Make the Workplace More Respectful

Though the Canada Labour Code places the responsibility of ensuring a harassment-free workplace squarely on the employer, all employees must do their part to uphold one another's right to work free of harassment. At the very least, everyone should avoid any of the 21 specific examples of sexual harassment listed above, even in the context of lighthearted banter. Employees everywhere should be held to a higher standard, however, which the HRPA advocates in the following recommendations:

All companies must have a stand-alone sexual harassment and assault policy, as required by the Labour Code.
All employees must familiarize themselves with their company's sexual harassment policy, which should include guidance on how to report instances of harassment.
All companies must conduct training sessions on their sexual harassment policy, including instruction on what to do when harassed or witnessing harassment, and all employees must participate.

Of course, experiencing harassment places the victim in a difficult position with regard to their job security, as does witnessing it and the duty to report. The situation is even more complicated if the perpetrator has the power to promote, demote, or terminate the victim's or witness's employment. If you find yourself in such a situation, seeking the confidential advice of an ombudsperson or person in a similar counseling role should be your first recourse. Absent these internal protections, consider seeking legal counsel.

If you witness sexual or other types of harassment, what should you do? The following guide may help:

If it is safe for you to do so, try recording video the incident on your smartphone. The mere presence of the phone may act as a deterrent to further harassment. If not, however, a record of the incident will be valuable in the post-incident pursuit of justice.
If you can play any additional role in stopping the harassment before it continues, try to get the attention of the person being harassed and ask them if they want support and what exactly you can do.
If it is welcome from the victim and safe for both you and them, try to place yourself between them and the attacker. If the victim is handling the attack in their own way, respect their choice.
If the harassment continues, try to de-escalate the situation non-violently by explaining to the offender that the one being harassed has a right to work in peace. Only resort to violence if it's defensive.
After a safe resolution, follow up with the person being harassed about what you can do for them.

Of course, every harassment situation is different and requires quick-thinking action that maintains the safety of all involved. The important thing, however, is to be act as an ally to the person being harassed. The biggest takeaway from the development of the #MeToo and Time's Up movements is that a workplace culture that permits sexual harassment will only end if we all do our part to ensure that offenses no longer go unreported and unpunished.