b'HARASSMENT IN THE WORKPLACEWorkplace sexual harassment Workplacesexualharassmentinvolvesthesamevexatiouscomment or conduct, but the harassment must relate to the persons sex, sexual orientation,genderidentityorgenderexpression.Workplacesexual harassment also includes situations where a sexual solicitation or advance is made by a person who is in a position of power or control over the recipient of the solicitation or advance. Some examples of workplace sexual harassment include: sharing sexually inappropriate images or videos, such as pornography, displaying inappropriate sexual images or posters,trying to kiss or fondle someone, andmaking offensive comments about someones sexual orientation orgender identity. Now, in the wake of the #metoo movement, the need to be able to properly defend or pursue litigation related to an employers obligations to ensure that employees are not subject to sexual harassment in the workplace is paramount. What is not workplace harassment?Any reasonable action taken by an employer or supervisor relating to the management of workers will not be considered harassment, for example, performance management. What are an employers obligations when responding to harassment allegations?The law is clear that an employer who receives a harassment complaint must promptly address it and, if necessary, commence an investigation into the allegations. Investigations can be conducted by external third-party investigators, such as a lawyer, or internally. The investigator must be neutral and should have the required training and experience to conduct the investigation. Failingtoinvestigateafteracomplaintismademayintensifythe problem and will likely result in greater legal and financial liability for the employer. What impact does harassment have on the workplace?Failing to properly and promptly address instances of workplace harass-ment can create a hostile and poisoned work environment for all. This ultimately will cause poor work performance, attendance and damage employee morale. Employee retention may also become an issue when employees feel the need to leave their employment due to mistreatment or a poisoned environment. Creating a positive workplaceEmployers should have a zero-tolerance policy when it comes to harass-ment in the workplace. Proactive steps should be taken in order to alleviate the need for investigations and potential litigation. Employees should be trained on effective conflict resolution and should be aware of their employers safeguards and policies on harassment com-plaints and investigations. There must be a change in workplace culture in order to properly address systemic issues of bullying, harassment and sexual harassment. Harassment training should be provided annually and to all employees including staff, management, top level executives and CEOs.1Robinson v. Royal Canadian Mint, [1992] O.J. No. 2270 (Gen. Div.)Ontario Electrical Contractor13'