Discrimination and Harassment at Work: Discipline, ADR, and Practical Remedies

This webinar will discuss best practices when responding to complaints of harassment and discrimination in the workplace. Speakers will address questions such as:

• Is an employer obligated to impose discipline when one employee has discriminated against or harassed another?
• When may lesser measures, such as training and education, be appropriate?
• Where discipline is imposed, what types of conduct may warrant more severe consequences?
• When is the employment relationship considered by arbitrators to be salvageable or unsalvageable?
• What alternative dispute resolution (“ADR”) options exist, and what are the relevant advantages of each?
• How can trauma-informed approaches assist?
• What remedies are available to employees who have been harassed or discriminated against at work?
• How should these allegations be pursued –through an internal complaint, a grievance, a lawsuit, an occupational health and safety claim, or a human rights tribunal proceeding?
• How will the choice of forum impact the available remedies?
• When can an employer be held liable for harassment or discrimination in the workplace?
• What challenges arise for unions when responding to member-on-member discrimination or harassment claims?
• What remedies are likely where the union is found to have violated its duty of fair representation?
• What steps should be taken to ensure that a healthy work environment is restored following incidents of discrimination and harassment, especially where both the complainant and the offending employee remain at work?
• Should parties consider entering into a non-disclosure agreement (“NDA”) as part of settling a discrimination or harassment complaint? Are NDAs appropriate?
• Are they prohibited by law?