Over the last few weeks, several cases of sexual harassment allegations have been posted both openly and anonymously on social media in Quebec.
One issue that will surface for employers is how these public allegations should be handled when the actions, comments or gestures stem from one of their own employees.
First, provincially regulated employers
As we are all aware, the news has been populated with stories concerning allegations of sexual harassment and misconduct, particularly in the entertainment and media industries as well as government institutions. These stories have contributed to the “#MeToo” movement, which originated on Twitter and other social media websites in late 2017 and has since become a widespread message on social media encouraging individuals to share their stories and speak out against sexual harassment and abuse. But while its purposes are laudable, the #MeToo movement is a touchy subject for employers, who ever-more-frequently find themselves accused of sexual harassment or other misconduct on social media and must grapple with the implications of publicly aired grievances.
For many employers, the arduous task of reviewing and revising an employee handbook may occur as infrequently as every leap year, or worse, only after a law suit has been filed. However, recent decisions by the National Labor Relations Board (Board) should cause employers to take a much closer look at their employee policies and
This post was contributed by Yanet C. Aguiar, Partner, and Valentina Albarrán, Associate, Norton Rose Fulbright Caracas.
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