RecensionsBook Reviews

Sexual Harassment Investigations: How to Limit Your Liability and More: A Practical Guide, by Arjun P. Aggarwal and Madhu M. Gupta, Ottawa: Harassment Publications, 2004, 207 pp., ISBN 0-9735335-0-1.[Notice]

  • Maureen E. Shebib

…plus d’informations

  • Maureen E. Shebib
    St. Francis Xavier University

In spite of years of public awareness and judicial approbation, sexual harassment continues to plague workplaces, big and small, across Canada. Workplaces poisoned by sexual harassment abound. The economic and social costs to employers and employees of these poisoned environments are beyond accurate measure. Employees lose jobs and self-esteem. The targets of harassment often suffer physical and/or psychological damage. The families of victims and perpetrators suffer. Employers meanwhile must pay the financial and organizational costs of repairing the damage. Not only do they face the legal fees and compensation necessary to remediate the target(s), but they must often deal with a workforce disrupted by the distrust and disharmony that often follow the allegations or the discovery of sexual harassment in their midst. At the same time, failure to prevent and redress sexual harassment within a workplace can deplete morale and productivity well beyond the individual targets themselves. Finally, unchecked sexual harassment within a workplace can be a breeding ground, or mask, for other forms of workplace harassment, a phenomenon so clearly on the rise that one province, Quebec, has adopted legislation to address it. The perniciousness of harassment in the workplace, be it sexual, racial or related to other grounds protected under human rights legislation is seriously compounded by managements’ failure to educate themselves and their employees to respect the sexual, racial, and cultural mosaic that our workplaces reflect. The clarion call to “celebrate diversity” must be grounded in ongoing education within workplaces about social diversity, and accordingly what constitutes respectful and equitable treatment of diverse employees. In reviewing SHI, I draw on several years of practice in human rights law, and current engagement as a university equity and sexual harassment advisor. I have seen first hand the consequences of faulty sexual harassment investigations, be they performed by employers or by human rights commissions. I am certain that the key to prevention of harassment lies in management and employee education and consistent application of strong internal policies. It is equally critical that the process for handling any human rights violation be exemplary. It is thus that Sexual Harassment Investigations: How to Limit Your Liability and More (hereinafter SHI) is an awaited and welcome follow up to the authors’ seminal text Sexual Harassment in the Workplace (3rd ed., Butterworths, 2000). Aggarwal and Gupta draw on their earlier text to briefly review the jurisprudence and fundamental human rights principles that inform and determine the effective prevention, investigation and remediation of workplace sexual harassment. The handbook begins with a plain language discussion of sexual harassment, what it is and what it isn’t. This is followed by a straight-forward primer on employer’s liability for sexual harassment. Moving forward from this legal backdrop, Aggarwal and Gupta address the critical role of senior management and front line supervisors in the prevention of harassment, offering a no-nonsense and doable checklist, as well as policy development guidelines. In Part III the authors bring attention to the role of voluntary mediation in the resolution of harassment complaints, its potential advantage in achieving early resolution of complaints, before the parties to a complaint become fixed in their position and the process becomes (unhelpfully) adversarial. But mediation is neither always appropriate nor effective. Employers must face the fact that investigation of some complaints will be required. In the remainder of SHI, Aggarwal and Gupta set out step by step “the essentials of a good faith investigation”, an investigation that will meet the legal and moral requirements for fairness to both complainants and respondents. One of this book’s strengths includes its accessibility to a reader unfamiliar with the subject. However, these …