Quebec - Updates to Workplace Harassment and Sexual Violence May 23 2024
On March 27, 2024, Quebec passed Bill 42, An Act to prevent and fight psychological harassment and sexual violence in the workplace (the "Bill"), creating multiple updates to employment legislation.
Changes Effective March 27, 2024
- Clarification that employers cannot retaliate against employees that have reported witnessing harassment or who cooperate in the processing of complaints.
- Introduction of the definition of sexual violence: “"[A]ny form of violence targeting sexuality or any other misconduct, including unwanted gestures, practices, comments, behaviours or attitudes with sexual connotations, whether they occur once or repeatedly, including violence relating to sexual and gender diversity."
- The cost of benefits incurred due to injuries from sexual violence will be allocated to all employers.
Changes Effective September 27, 2024
- Employers are required to include new additions to psychological harassment prevention policies, including:
1. The methods and techniques used to identify, control and eliminate the risks of psychological harassment, including a section on behaviour that manifests itself in the form of verbal comments, actions or gestures of a sexual nature.
2. The specific information and training programs on psychological harassment prevention that are offered to employees; as well as to persons designated by the employer to handle a complaint or report (we note that the scope and content of this training has not yet been specified at the time of publication of this article).
3. The recommendations on behaviour to adopt when participating in work-related social activities.
4. The procedures for making complaints or reports to the employer or providing information or documents to the employer as well as the information on the follow-up that must be given by the employer.
5. The measures to protect the persons concerned by a situation of psychological harassment and the persons who have cooperated in the processing of a complaint or report regarding such a situation.
6. The process for managing a situation of psychological harassment, including the process that applies to the holding of an inquiry by the employer.
7. The measures to ensure the confidentiality of complaints, reports, information or documents received and to ensure a preservation period of at least two years for the documents made or obtained in the course of managing a situation of psychological harassment.
- The updated harassment policy must be included in prevention plans by October 1, 2025.
- The Bill also establishes heightened protections for employees who are victims of sexual violence in the workplace.
For questions or more information, please submit a ticket through our OnDemand portal.
Source: Government of Quebec
Changes Effective March 27, 2024
- Clarification that employers cannot retaliate against employees that have reported witnessing harassment or who cooperate in the processing of complaints.
- Introduction of the definition of sexual violence: “"[A]ny form of violence targeting sexuality or any other misconduct, including unwanted gestures, practices, comments, behaviours or attitudes with sexual connotations, whether they occur once or repeatedly, including violence relating to sexual and gender diversity."
- The cost of benefits incurred due to injuries from sexual violence will be allocated to all employers.
Changes Effective September 27, 2024
- Employers are required to include new additions to psychological harassment prevention policies, including:
1. The methods and techniques used to identify, control and eliminate the risks of psychological harassment, including a section on behaviour that manifests itself in the form of verbal comments, actions or gestures of a sexual nature.
2. The specific information and training programs on psychological harassment prevention that are offered to employees; as well as to persons designated by the employer to handle a complaint or report (we note that the scope and content of this training has not yet been specified at the time of publication of this article).
3. The recommendations on behaviour to adopt when participating in work-related social activities.
4. The procedures for making complaints or reports to the employer or providing information or documents to the employer as well as the information on the follow-up that must be given by the employer.
5. The measures to protect the persons concerned by a situation of psychological harassment and the persons who have cooperated in the processing of a complaint or report regarding such a situation.
6. The process for managing a situation of psychological harassment, including the process that applies to the holding of an inquiry by the employer.
7. The measures to ensure the confidentiality of complaints, reports, information or documents received and to ensure a preservation period of at least two years for the documents made or obtained in the course of managing a situation of psychological harassment.
- The updated harassment policy must be included in prevention plans by October 1, 2025.
- The Bill also establishes heightened protections for employees who are victims of sexual violence in the workplace.
For questions or more information, please submit a ticket through our OnDemand portal.
Source: Government of Quebec