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ARTICLE · 19 MAY 2017

A Haphazard Sexual Harassment Investigation – What Could Possibly Go Wrong?

Melissa Doyle, a well-educated woman who had worked with Zochem Inc. for nine years, supervised an all-male group of refinery workers.

CanadaEmployment and HR

Facts

Melissa Doyle, a well-educated woman who had worked with Zochem Inc. for nine years, supervised an all-male group of refinery workers. The workplace culture was dominated by the Maintenance Supervisor's "male locker room" mentality.  On his office walls were pictures of scantily clad women.  He expected Ms. Doyle to act like "one of the boys", by sharing details of her dating life, laughing at his lewd jokes and engaging in otherwise unwelcome sexual banter.  Ms. Doyle depended on his assistance and support in her role as Plant Supervisor.

In 2010, Ontario enacted Bill 168, which requires employers to develop and implement policies and procedures to curb workplace violence and harassment. Zochem engaged a third party to conduct a workplace assessment and identify any issues of concern.  During the process, Ms. Doyle disclosed the harassment.  She hoped that the new legislation would help her by improving the workplace, but without losing the

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