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24Nov
2018

#Whatnow? Sexual Misconduct and the Workplace

The #metoo movement has empowered many people to speak up against sexual assault misconduct. From CBC to Hollywood to Google Inc, sexual misconduct in the workplace has resulted in intense media scrutiny, individual employee resignations, and widespread employee walkouts. For employers, shifting societal attitudes are affecting how and when reporting and investigating sexual misconduct in the workplace takes place.

With a renewed emphasis on calling out and addressing sexual misconduct, employers are experiencing challenges: how does an employer appropriately respond to complaints of sexual misconduct in the workplace? How does an investigation balance the needs of complainants while maintaining principles of objectivity and impartiality? And, most importantly, how can employers prevent sexual misconduct from happening in the first place?

This paper is a practical summary for employers in dealing with sexual misconduct and the workplace. It first addresses what constitutes sexual misconduct and highlights best practices for preventing sexual misconduct in the workplace. This paper then identifies an employer’s legal obligations in responding to and investigating complaints of sexual misconduct, including privacy considerations in the investigation process.

Download pdf: #Whatnow? Sexual Misconduct and the Workplace

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