Should I ‘Formalize’ a Workplace Harassment Complaint to HR?
Q: Recently, I was harassed by a manager in the workplace. I finally built up the courage to approach Human Resources and told them what happened. The HR manager encouraged me to think carefully about whether I wanted to make this a “formal complaint” that they had to act on — suggesting it may impact my career. Is it best to report this behaviour or just hope it doesn’t happen again?
A: HR and the company don’t have a choice — they must investigate complaints of harassment. In fact, even if someone has not made a complaint, but they become aware of an “incident” of harassment, they still must investigate. The investigation must be “appropriate in the circumstances” — some investigations can be done internally, and some will be conducted by an external, neutral investigator.
The law changed nearly a decade ago, and no longer permits discussion or pressure about whether someone really wants to file a complaint, the impact on their career, or repercussions for making HR aware of a complaint. Once the allegations or incidents are known, it must be investigated, even if the employee changes his or her mind and asks HR not to take steps or look into it. Failure to investigate these incidents of harassment carries significant risk for the employer since the change in the law.
This article was originally published by The Hamilton Spectator.
