Canadian HR Reporter

CANADIAN HR REPORTER AUGUST 2019 22 INSIGHT 1 step forward, 2 steps back S ometimes, I can't quite be- lieve it's 2019. I can't quite believe we're two decades into the 21 st century and yet people still don't know how to behave — or just don't care — in the workplace. In late July, the Canadian gov- ernment promised $900 million in compensation to settle multiple class-action lawsuits lodged on behalf of survivors of sexual ha- rassment, gender discrimination and sexual assault in the military. It's encouraging that a settle- ment was reached — though the government did not admit liabil- ity — and class members will be eligible for between $5,000 and $55,000, with higher compensa- tion for people who were sub- jected to exceptional harm and denied disability benefits; they could receive up to $155,000, ac- cording to the Canadian Press. Back in 2015, the government launched Operation Honour to combat sexual assault and mis- conduct in its ranks. That in- cluded resources devoted to the issue, reporting recommenda- tions, research, policies and direc- tives. ere were defi nitions and training materials available, along with various tools (such as videos) meant to combat the epidemic. But that doesn't make up for the victims' years of pain, suff ering and abuse, which likely continue in some forms even now. And chang- ing the culture of that workplace will not be easy, according to Amy Graham, one of the plaintiff s. "It's been entrenched, in- grained in the military for so long — decades — that it's not going to be a quick fi x." Of course, this problem is not exclusive to the military. ree years ago, the RCMP settled a sexual harassment lawsuit from female members for $100 million. And in July 2019, the same is be- ing done for women who worked as volunteers or municipal and contract employees. ere's also the recent decision by the Supreme Court of Canada involving WestJet. e airline was keen to cancel a lawsuit accusing it of failing to provide a harass- ment-free workplace for women, according to the Canadian Press, but the top court refused in July, so that case will be going ahead. Former fl ight attendant Man- dalena Lewis, who fi led the lawsuit, cited "toxic" relations and a "cow- boy culture" at WestJet, which in- cluded employees being inappro- priately touched on a regular basis or aggressively propositioned. Why does this keep happen- ing? Despite both sexes being contributors in the workplace for hundreds of years, these issues keep cropping up. at line be- tween personal and professional just doesn't exist for some people, no matter what corporate says. While there are laws, regulations and policies meant to deter and punish inappropriate behaviour, the bad news just keeps coming. Despite social media quickly putting the spotlight on misbe- havers, the harassment continues. Even with the powerful wave of the #MeToo movement sweeping through workplaces, I don't know that many employees are breath- ing a sight of relief thinking that the discomfort, awkwardness and tasteless conduct will come to a screeching halt. And maybe that's partly be- cause some of the behaviour is subtle. ere are many employ- ees who suff er through smaller acts of harassment, such as sly comments or silly jokes. And when the conduct is that slight, people may feel reluctant to step up, to say "no thank you" and re- port the issue. We've been taught "No means no" when it comes to sexual ad- vances and assault outside the workplace, but I'm not sure that's really applied in the workplace. Too many employees may try to shrug the comments off as no big deal, laugh uncomfortably and try to focus on work instead. But if those improper com- ments are not challenged or ad- monished, if the culprit considers them harmless and that sexual harassment training doesn't ap- ply, then it just continues. And that means the overall culture will never truly change, despite best eff orts by HR. Mind you, the newer trend of bystander training around harassment is encouraging, so, hopefully, we'll see gains there— because it's not just employees who are facing the problem. A 2019 survey by the Ontario government found that at least half of the province's university and college students say they have experienced sexual harassment. Almost two-thirds (63 per cent) of the 116,000 university students who completed the survey said they had experienced some type of sexual harassment, while 49 per cent of 42,000 col- lege students said the same. e results are "heartbreaking and disturbing," says Minister of Training, Colleges and Universi- ties Merrilee Fullerton. at they are. While part of the reason for the high numbers could be greater awareness of the issue as a whole, harassment is clearly an issue that's not just for gen- erations already ensconced in the workplace — younger people are also suff ering, despite considerable media attention on the problem. at would suggest the train- ing and education has to start much sooner than the workplace — it has to start in the schools, so a culture of harassment isn't al- lowed to seep into the workplace down the road. GOOSE CHASE EDMONTON — An employee at the Sandpiper Golf and Coun- try Club in Edmonton could be in big trouble after an attempted goose-shooing turned deadly. e worker apparently killed two geese after they were hit by his golf cart when he tried to get them to leave the course, according to the Canadian Press. After golfer Brad Anderson posted images of the dead geese on Facebook, the club said steps would be taken to address the deaths. "In general, it is an off ence to harass, kill or in- jure migratory birds under both provincial and federal legislation and can result in a fi ne, jail time or both for adults," says Lisa Glover, Department of Justice spokes- person, adding that offi cials were looking into the matter after multiple complaints followed the Facebook post. An updated mes- sage from Sandpiper said: "We do not condone this behaviour in any way. We assure you that we are taking this incident very seriously." IMAGINARY INTERN MOUN T PLEASAN T, Iowa — An environmental special- ist working for Henry County in Iowa was fi red after it was dis- covered an intern she "hired" did not actually exist. Jodi Sutter was given the boot in February 2018 after a state-wide audit revealed almost US$219,000 in phony pay- ments were made to the imagi- nary intern. Sutter was not able to produce expense documenta- tion and she eventually fessed up to investigators about the scheme. Undaunted, the 43-year-old later fi led suit against the employer for unpaid salary and wrongful dis- missal, said the Des Moines Regis- ter. ere are "substantial gaps in the (audit) report, which call into question its fi ndings," said Sutter through her lawyer. UNPACIFIED POOCH BOSTON — A Boston veteri- narian made quite the discov- ery recently when the owners of Mortimer — a three-year-old dog with a voracious appetite — took their ailing pet into the Angell Animal Medical Center. After X-rays of the pooch were taken, Erika De Papp removed 19 baby pacifi ers from the pooch's stom- ach via endoscopy, according to People magazine. "It's likely that Mortimer started nabbing these pacifi ers in April, perhaps one at a time, and that started a cycle of nausea and vomiting, which are symptoms that can be caused by so many other health issues," says Doug Brum, Mortimer's pri- mary veterinarian. "If not for the urgency with which his family pursued veterinary care, things would have gotten much worse for him." It's not the only case of overzealous canine appetites, ac- cording to the Massachusetts So- ciety for the Prevention of Cruelty to Animals (MSPCA), which has "removed all manner of objects from the bellies of pets — from guitar strings and wristwatches, to safety pins, diamond rings, perfume bottles and more." WINGED RAT? LOS ANGELES — A patron at a Buffalo Wild Wings restaurant was stunned recently by some- thing that slammed into her menu "like a Mack truck." A live rat had dropped from the ceiling and ended up on top of Alisha Nor- man's table at a Los Angeles out- let. A restaurant manager quickly came to the rescue. "He took two plates and then they just picked it up and dumped it in a bag. It was terrible, it was disgusting," Norman told NBC 4 News. e company waived Norman's bill and laid the blame on nearby con- struction: " e isolated incident at the Westchester-area Buff alo Wild Wings in Los Angeles yester- day was unfortunate. e centre where the restaurant is located is undergoing signifi cant construc- tion and we are confi dent it was directly related." BIKINI BAN SEATTLE — Baristas at an Everett, Wash., coff ee stand may soon have to turn in their skimpy outfi ts after a court upheld a city dress code. e "bikini baris- tas" work for a chain of stands called "Hillbilly Hotties," but the 9th U.S. Circuit Court of Appeals ruled employees wearing sexy outfi ts, such as pasties and G-strings, do not enjoy free-speech protection under the U.S. First Amendment, according to the Associated Press. e owner of the racy java shops, Jovanna Edge, says she plans to appeal the ruling but, for now, the city will impose a code that says workers must wear tank tops and shorts — at minimum — if they want to work at the businesses. Credit: Beee.T (Shutterstock) W EIRD ORKPLACE THE Vol. 32 No. 8 –August 2019 PUBLISHED BY HAB Press, a subsidiary of Key Media 312 Adelaide Street West Suite 800 Toronto, ON M5V 1R2 ©Copyright 2019 by HAB Press Ltd. All rights reserved. CANADIAN HR REPORTER is published 12 times a year. Publications Mail – Agreement # 41261516 Registration # 9496 – ISSN 0838-228X President: Tim Duce EDITORIAL Editor/Supervisor: Sarah Dobson - (416) 649-7896 sarah.dobson@habpress.ca News Editor Marcel Vander Wier - (416) 649-7837 marcel.vanderwier@habpress.ca Employment Law Editor: Jeffrey R. Smith - (416) 649-7881 jeffrey.r.smith@habpress.ca Labour Relations News Editor: John Dujay - (416) 298-5129 john.dujay@habpress.ca Web/IT Co-ordinator: Mina Patel - (416) 649-7879 mina.patel@habpress.ca ADVERTISING Sales Manager: Paul Burton - (416) 649-9928 paul.burton@habpress.ca MARKETING AND CIRCULATION Marketing Co-ordinator: Keith Fulford - (416) 649-9585 keith.fulford@habpress.ca PRODUCTION Art Director: Steve Maver SUBSCRIPTIONS Annual subscription: $175 (plus tax) GST/HST#: 70318 4911 RT0001 To subscribe, visit www.hrreporter.com. Address changes and returns: Send changes and undeliverable Canadian addresses to: SUBSCRIBER SERVICES Canadian HR Reporter One Corporate Plaza 2075 Kennedy Rd. Toronto, ON M1T 3V4 CUSTOMER SERVICE Call: (416) 609-3800 (Toronto) (800) 387-5164 (outside Toronto) Fax: (416) 298-5082 (Toronto) (877) 750-9041 (outside Toronto) Email: info@habpress.ca LETTERS TO THE EDITOR sarah.dobson@habpress.ca CHRR reserves the right to edit for length and clarity. Sarah Dobson Editor's Notes

• Cover