Scenario V Flashcards
Oksana has worked at the same government agency for the past 10 years and has always gotten along well with her co-workers. Her friendly nature has particularly been noticed by Graham, who believes Oksana is friendly toward him because she is attracted to him. Graham regularly makes flirtatious comments and remarks to Oksana, although Oksana has told him that she is not comfortable with his advances and she would like him to stop. Graham surmises Oksana is merely “playing hard to get.” Oksana approaches Wena, the agency’s HR advisor, to discuss the situation. She tells Wena that Graham’s remarks make her uncomfortable, and although she has told Graham that his comments are unwelcome, his behaviour has persisted. Graham has defended his comments as just harmless flirtation.. Which statute should Wena consult when determining whether Graham’s actions are harassment? a) Employment Standards Act, 2000 b) Criminal Code c) Occupational Health and Safety Act
The answer is c. Occupational Health and Safety Act Functional Area: B2 Rationale(s): A is incorrect. The ESA does not provide specific information on the subject of harassment in the workplace. B is incorrect. This situation is not of a criminal nature and does not warrant referencing this legislation. C is correct. Section 1 provides definitions of workplace violence and workplace harassment and sections 32.0.1-32.0.8 of the OHSA provide detailed information about preventive measures, duties, etc. involving violence and harassment in the workplace. Reference(s): Unit 5: Understanding Employment Legislation, Module 8: Harassment and Violence in the Workplace. Occupational Health and Safety Act, R.S.O. 1990, c. O.1, Part III.0.1.
Oksana has worked at the same government agency for the past 10 years and has always gotten along well with her co-workers. Her friendly nature has particularly been noticed by Graham, who believes Oksana is friendly toward him because she is attracted to him. Graham regularly makes flirtatious comments and remarks to Oksana, although Oksana has told him that she is not comfortable with his advances and she would like him to stop. Graham surmises Oksana is merely “playing hard to get.” Oksana approaches Wena, the agency’s HR advisor, to discuss the situation. She tells Wena that Graham’s remarks make her uncomfortable, and although she has told Graham that his comments are unwelcome, his behaviour has persisted. Graham has defended his comments as just harmless flirtation.. Given the facts available, could Wena make the determination that Graham’s actions amount to harassment? On what basis? a) No, because Graham has not received a formal warning about his behaviour yet. b) No, because Graham’s actions did not include physical touching of a sexual nature. c) Yes, because Graham knew or should have known his actions were unwelcome.
The answer is c. Yes, because Graham knew or should have known his actions were unwelcome. Functional Area: B2 Rationale(s): A is incorrect. Workplace harassment can occur well before warnings are issued. B is incorrect. Workplace harassment can include acts and remarks beyond those of a sexual nature. C is correct. This is the correct definition of workplace harassment under the OHSA. Reference(s): Unit 5: Understanding Employment Legislation, Module 8: Harassment and Violence in the Workplace. Occupational Health and Safety Act, R.S.O. 1990, c. O.1, Part III.0.1.
Oksana has worked at the same government agency for the past 10 years and has always gotten along well with her co-workers. Her friendly nature has particularly been noticed by Graham, who believes Oksana is friendly toward him because she is attracted to him. Graham regularly makes flirtatious comments and remarks to Oksana, although Oksana has told him that she is not comfortable with his advances and she would like him to stop. Graham surmises Oksana is merely “playing hard to get.” Oksana approaches Wena, the agency’s HR advisor, to discuss the situation. She tells Wena that Graham’s remarks make her uncomfortable, and although she has told Graham that his comments are unwelcome, his behaviour has persisted. Graham has defended his comments as just harmless flirtation.. Wena discovers the employer’s harassment policy is out of date and decides to update it. How often should she review the policy after she updates it? a) Every 6 months. b) Every year. c) Every 2 years.
The answer is b. Every year. Functional Area: B2 Rationale(s): A is incorrect. Typically, a review does not occur semi-annually unless it becomes necessary to ensure a safe working environment. B is correct. Anti-harassment policies should be reviewed annually. C is incorrect. Anti-harassment policies should be reviewed before 2 years have elapsed. Reference(s): Unit 5: Understanding Employment Legislation, Module 8: Harassment and Violence in the Workplace. Occupational Health and Safety Act, R.S.O. 1990, c. O.1, s. 32.01(1)(c).
