Calgary Real Estate, Wills and Estates, and Business Law Blog

Sadly, workplace harassment is a problem all over Canada. From the smallest business to the halls of government, Calgary residents are keenly aware that harassment can take place in any employment situation. However, the cost of running a hostile work environment can be steep even for those employers most resistant to change. 

The potential liability associated with a harassment lawsuit can be incredibly damaging to an employer. In a wrongful dismissal claim, a settlement of a claim is often determined by taking into consideration an employee's age, position within the company and tenure. A workplace harassment lawsuit, which is overseen by a human rights tribunal, rarely takes these factors into consideration. Instead, compensation is awarded based on wages lost as a direct result of the harassment. In some cases, particularly in incidents of sexual harassment, these wages can be considerable. 

Hostile workplaces are tragically common across Canada. Calgary residents may have had experience with workplace harassment in their own jobs, or likely know someone who has. Often, these incidents go unreported, usually because people fear reprisal for coming forward. Now, an American company is offering an alternative: an app that allows victims to anonymously report harassment in the workplace. 

The genesis of the idea came from the high-profile media attention focused on the Upright Citizen's Brigade comedy theater and school, which became a hotbed of controversy after a host was fired for allegedly raping several women. After the debacle, UCB instituted a hotline for people to call if they are being harassed, but it has not received much in the way of use. Many people fear being identified as a "trouble maker" and not having their concerns addressed. 

Incidences of inappropriate behaviour in workplaces have been prominent in the news of late. Most notably, Calgary residents might have heard about FOX's Bill O'Reilly being fired for alleged harassment. This brings into stark relief the issue of workplace harassment even north of the border, where it is still a major problem in Alberta businesses. Generally speaking, it is the responsibility of an employer to ensure a safe and secure workplace for all employees.

The most important thing for employers to remember is that, just because harassment is not being reported in their workplaces does not mean it is not happening. A recent Canadian poll suggested that some 25 percent of employees reported having experienced some form of harassment, including unwelcome sexual advances, in their workplaces. The fact is that employees, especially women, often feel uncomfortable coming forward and making a report out of fear of reprisal.

An American startup company is facing serious allegations from a former employee over sexually charged and harassing behaviour in the workplace. UploadVR, based in California, has come under fire after their former director of social media launched a lawsuit against them for the harassment she says she and other female employees suffered during their tenure with the company. Workplace harassment is hardly an American issue, as many Calgary residents have endured similar treatment in Canadian workplaces. 

According to the lawsuit, the company's two male founders have strove to create an environment that catered to men in the company's two offices in San Francisco and Los Angeles. Company parties were allegedly rife with locker-room talk in which male employees and the co-founders would graphically discuss sexual topics, often related to female employees. Women in the workplace were singled out as only distracting male employees, who expressed inappropriate and unwanted sexual interest in them.