Psychological Harassment and Sexual violence in the workplace
Many provisions of Bill 4, formerly known as Bill 42, implemented in 2024, significantly impact existing workplace legislation. As a result, employers are also affected.
How will the arrival of Bill 4 (act to prevent and combat psychological harassment and sexual violence in the workplace) affect existing legislation?
The new legislation provides employees with a broader range of remedies. As a result, employers are also seeing their responsibilities increase.
For example, the Act respecting labor standards has been amended, as employers now have more obligations in terms of preventing psychological harassment and dealing with cases of sexual violence in the workplace.
Is the LATMP (Law on Industrial Accidents and Occupational Diseases) also affected by Bill 4?
It has indirect effects, as employers can no longer access an employee’s medical records during disputes. This section was intended to protect only victims of sexual violence. However, it has now been extended to any medical file of a worker filing a claim with the CNESST.
What about the limitation period for making such a claim?
The time limit has been extended from six months to two years, allowing victims more time to respond to traumatic events Similarly, Bill 4 adds two presumptions of employment injury, making it easier for employees to be recognized in cases of sexual violence in the workplace.
The first presumes that an injury or illness occurred in the course of work when it results from violence suffered by the employer, one of its officers or one of its workers. The second is that an illness occurring within three months of sexual violence in the workplace is presumed to be an employment injury.
So, the burden of proof is now on the employer?
The employer must show, by preponderance of evidence, that the sexual event did not take place, or that it took place in a context with no apparent connection to work.
The employer is, however, protected in this respect by the addition of section 327(4) to the LATMP, with costs arising from sexual violence being charged to employers in all units.
How does Bill 4 affect the Act respecting labor standards?
The latter has a direct impact on employers’ obligations, since it extends these obligations to third parties, i.e. “any person” who might behave in a problematic way towards its employees. This includes customers and suppliers, as well as other employees.
A prohibited practice remedy has also been added to protect employees against reprisals if they report a situation of violence or cooperate in a complaint process.
In addition, the Tribunal administrative du travail is now empowered to award punitive damages to an employee who is a victim of violence (psychological or sexual), even if he or she is also receiving compensation from the CNESST for an employment injury resulting from the same acts.
How can the Lussier team help an employer in a situation of psychological harassment or sexual violence in the workplace?
Lussier can manage the entire CNESST complaint and/or claim process. We help employers set up solid policies and action plans to prevent psychological risks.
We also support employers in investigating allegations of workplace violence. We have all the tools needed to handle any employment injury case. Our professionals work closely with employers to analyze, process and dispute all types of claims.
How can an employer get in touch with Lussier’s professionals for their cases of psychological harassment and sexual violence in the workplace, or for any issue closely or remotely related to Bill 4?
For expert legal support in handling workplace harassment and violence cases, contact our legal department at juridiquesst@lussier.co or call us at 1-855-LUSSIER.
