05 Feb 2024
Sexual Harassment in the workplace : Juripop presents its recommendations about the B42
Juripop’s team is happy to have been given the opportunity to present its recommendations at the Committee on Labour and the Economy as part of the special consultations and public hearings regarding the Bill 42 – an Act aiming to prevent and combat psychological harassment and sexual violence in the workplace.
We hope that our recommendations will enlighten this reform long awaited by the victims of psychological and sexual harassment in the workplace. All based on observations accomplished due to the multiple judiciary consultations offered in the last years, our recommendations meet numerous demands expressed by the victims and survivors.
To listen to our testimony at the Parliamentary Commission: click here.
Improving access to justice for the victims
- Fully compensate the victims of sexual harassment which also constitutes an occupational injury.
- Protect victim’s rights who do not have access to the LATMP’s compensation program.
- Enhance the legal presumptions established by the bill by applying it to the sexual harassment occurred in a private context as well as the injuries happening more than three months after the event of sexual violence.
- Ascribe the cost of the occupational injuries to all employers of a classification unit even if the occupational injuries are the product of sexual violence carried out by an employer, a manager or one of their representatives.
- Terminate the co-employee’s immunity to allow the victim to deposit a civil liability action against the harasser even if the harasser is a colleague.
Insuring the physical and psychological security of the victims
- Allow a future potential employer to have access to the sexual harassment antecedents of a candidate.
- Measure the effectiveness of a Bill to reduce the amount of contestations made by an employer and, in the case of inefficiency, initiate an in-depth reflection about the foundations of a program enforcing the disclosure of the sexual harassment victim’s medical records.
- Allow an employer to convey to the victim the sanctions enforced to the harasser in an internal investigation.
IMPROVE EMPLOYER’S RESPONSE IN THE EVENT OF PSYCHOLOGICAL AND SEXUAL HARASSMENT
- Require the implementation of a procedure regarding the complaints against the head leader of a company, ensure the completion of the investigation in a timely manner and refer the plaintiff to the right resources.
- Set up an accreditation system and education requirements for the people in charge of the investigations in the event of a psychological and sexual complaint.
- Impose that employers divulge information about psychological and sexual harassment in the workplace.