Canadian HR Reporter Weekly

3 Canadian HR Reporter, a Thomson Reuters business 2018 February 14, 2018 is rampant in the workplace… Incivility is an epidemic. e focus is on men-versus-women harassment at present, but the underlying issue is no different than 15 years ago when there was a focus on cultural diversity, or seven years ago when there was a focus on gender." Legal issues If an organization was to implement a dating ban, the focus would likely be on superior-subordinate relation- ships, with a policy breach resulting in just cause for ter- mination, said Corbett. "Most companies might implement progressive discipline just to be safe because terminating for cause is a very high threshold for employers," she said. "If there is a full-out ban, it's about disclosure and being upfront with the employer." Harassment charges most often are levied on the basis of power imbalances once relationships go afoul, as relationships between managers and direct reports are never viewed objectively as consensual, said Corbett. "Even if it was found to be consensual, that doesn't necessarily mean anything." erefore, proactive transparency is critical, "because the fallout can outweigh a lot of things," she said. e policy should detail what constitutes inappropriate behaviour alongside reporting procedures, and should be paired with consistent enforcement — such as moving a direct report to another manager or department in order to accommodate a romantic relationship, said Corbett. But blanket non-fraternization policies should be a non-starter for employers, said Rudner. "First of all, there's really no reason for it and, second of all, it's going to be impossible to enforce," he said. "I don't think that you could fire somebody for cause — for breach of policy because they were in a relationship — if there was no other concern." "ere's nothing inherently wrong with two employees having a relationship, whether it's romantic, physical, friendly or even parent-child, for that matter," said Rudner. "ere's nothing wrong with that relationship in and of itself. But if it creates conflicts of interest or other issues, then obviously you have to deal with those. at's usually the focus." What an organization's policy looks like is ultimately open to the company to decide, though general theory holds that an employee cannot be managed by a person she is in relationship with, said Ramsbottom. "I'm not saying that everybody has to do that, but that's one policy that I know some organizations do have in place." Non-romantic relationships It remains to be seen how the fallout of the #MeToo move- ment will affect non-romantic personal relationships be- tween colleagues. At present, 45 per cent of male managers said they are uncomfortable participating in common work activities with a woman, such as mentoring, working alone or socializing together, according to a survey of 2,950 Americans, conducted in January by the Lean In Foundation — a non-profit dedicated to women's leadership. "I don't know that we're quite at that point, but I think there definitely is need to ensure that there is consent," said Rudner. "You've got be very cautious in the age of #MeToo." "It's great on the one hand that people are now less scared to come forward with concerns about harassment but, at the same time, it is subject to abuse or misinterpretation," he said. "So if there is any concern — I'm not saying every meeting has to be open-door — but maybe try to avoid having the one-on-one meetings with someone where you're not quite sure. Have a third person there, even if you're just going out for lunch. Don't always invite the same person out for lunch. Invite different people or a group of people." Employers should be aware that a strong anti- harassment policy is required by law, with clear reporting requirements and mechanisms, said Rudner. In addition, policy should enforce disclosures of conflicts of interest, even if they are simply perceived ones. Essentially, employers should focus on minimizing the disruptive impacts of interpersonal relationships within the workplace, he said. Refresher courses on workplace violence and harassment should be conducted periodically to remind staffers of their responsibilities — such as an expectation of professional and proper conduct, said Ramsbottom. "is should be routinely done, particularly so that all managers have training in it to know how to deal with complaints or any concerns," he said. "Knowing how to handle it… is absolutely crucial." No matter what rank or position, it is an employee's moral obligation to ease the experience of others at work, said Bayer, and HR practitioners need to spend time crafting thoughtful policy, then find the courage to follow through on potential repercussions. I'm not saying every meeting has to be open-door but when you're not quite sure, have a third person there." ON THE COVER Protesters hold signs during a women's march in Toronto, Jan. 20. Founder of the #MeToo campaign Tarana Burke (right) introduces actor Rose McGowan at a Women's Convention in Detroit, Mich., on Oct. 27. Credit: REUTERS/Rebecca Cook

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