How can a human rights complaint come to my attention?

In any workplace, employers (and managers and supervisors) have to be alert to the fact that human rights-related complaints that employees may have will not necessarily be brought to their attention by way of a formal, written complaint.  Some employees may go the formal route, but not all will.  Many employees choose not to formally complain because they fear retaliation by those in a position of power in the workplace or their co-workers.  Others hope that the problem will just go away.  Others think it's not worth saying anything because nothing will be done if they do.  And there are even others who will think it is easier to just quit their job and look for another one that doesn't come with the human rights problem attached.

So, aside from the employee who does choose to file a formal complaint under a workplace discrimination/harassment policy or selects to proceed with a grievance under a collective agreement, how else can a human rights complaint or issue come to the attention of the powers-that-be in a workplace?  Some of those ways are:

Workplace observation:

• you see with your own two eyes that something inappropriate is occurring in the workplace and know you need to act on it.  So, for example, you notice that a racially-based joke is being circulated amongst employees (maybe you've even been sent the joke in a department-wide e-mail);
• you notice that an employee's morale or performance is mysteriously declining or their workplace behaviour is erratic or volatile.  This employee's behaviour, etc. may be connected to a human rights issue so you will need to talk with this employee to find out what might be the underlying cause of what you see happening.  So, for example, you may well find that the employee's performance is dropping rapidly due to the stress of dealing with a sexually harassing co-worker;

Indirect complaints:

• an employee may identify a workplace problem that raises a human rights element in an indirect way.  For example, in response to a question during a performance evaluation about why the employee has been performing so poorly in the past few months, an employee discloses that he is having trouble focusing on his work because two new co-workers are making fun of his disability (he is a stutterer).  The employee in this situation is not formally complaining about discrimination but offering what he is encountering as an explanation for poor performance.  That doesn't mean you should ignore what is being said, though.  It is in your best interests to address what the employee has now brought to your attention.

Reports by other managers or supervisors:

• this one depends on who you are in the organization.  You could be an upper level executive who is being advised of concerns by managers who report to you or you could be a human resource specialist who is called by a supervisor for advice on a workplace concern.  Either way, it must be remembered that managers and supervisors are the eyes and ears of your organization.  They are the ones most in touch with the employees and will have the best sense of whether there are potential human rights violations occurring in the workplace.  Once a manager or supervisor becomes aware of a potential human rights issue, the employer becomes responsible for taking action to address it.

External concerns raised:

• a human rights-related concern can be brought to a workplace's attention from a customer, vendor, client, etc.  Keep in mind that your obligation to appropriately address the concern does not change just because the source of the concern comes from outside your organization.  Do not dismiss the concern out-of-hand and do your best not to become defensive.  The wisest approach would be to view this as an opportunity to address a potential problem in-house before it becomes a legal liability and you have to address it external to your organization.

Anonymous complaints:

• someone in your workplace could choose to complain without identifying themselves by leaving an anonymous note or an anonymous phone message.  Just because a complaint comes to your attention anonymously does not mean you should ignore it.  Remember the source of the information does not matter; it is the content of the information you are provided that does.  Ask yourself whether you have been given sufficient information to trigger a legal duty to do something about it. 

From employees who are leaving:

• on departing the workplace, in an exit interview, for example, an employee could indicate she is leaving because her boss has been sexually harassing her.  While the employee with the concern may be leaving, the possible source of the concern remains (the boss).  You should take action to determine if there is any validity to what you have now become aware of.  You owe it to the departing employee and the employees who remain under this boss' authority.

By staying alert to the fact that human rights complaints can come to your attention in a whole host of ways, your organization will be better equipped to address problems early on before they infect the workplace.

Comments

[Neville Seal]

I would like to know if constant gossip in the work place that has proven to be disabling to me is against my human rights. The incident came from a coleuge making a racist remark. I reported it and regret reporting it to this day. The matter has snow balled into after effects that I am finding hard to deal with at the work place. It has caused me many sleepless nights and stress that is effecting my personal life. Colleuges are prone to what seems to be for a lack of a better term "gannging up on me" and speak negatively about me to my clients. I have good relationships with my clients so they came to speak to me about it. As I said this has snow balled to a pint that I am now an easy target for anyones bad day or for their office polotics. i have reported it to my upper level managment but it was said to egnore it and that it will pass. My colleuges find streanght in this and persist in engaging in making work difficult with gossip. What legal footing do I have to stop this?Do I have any? I cant deal with it and I really love what I do. I have been with the company for a year now- if that makes any difference?

I would appreciate any assistance I can get at this point.

Yours Sincerely

Neville Seal