For many of us, Netflix’s revival of Queer Eye was a welcome and comforting distraction during the early days of the Covid pandemic. Late last year we learned that one star of the show would not return to the popular and award winning show. While the departure was the subject of many rumours, the exact reasoning was not addressed by the network or the star.
This week, thanks to a Rolling Stone expose, we learned of allegations that the work environment on the set of the show, including for both the stars of the show and its support staff, may not have been as warm and fuzzy as the show itself. One star’s behaviour was described as difficult, unprofessional and it was suggested that the star was prone to rageful outbursts. In turn, other members of the cast were hesitant to shoot with the badly behaved star. Of course, this all provided further insight explaining that abrupt departure that took place last year.
While the discussion of the Queer Eye workplace is of course heightened given its very public platform, as a lawyer who regularly advises both workplaces and workers on navigating investigations, I can say for certain that these are issues that many less public (and glitzy) workplaces are dealing with everyday. And while employers may not be concerned about very public exposes, they of course should have concerns about what to do in the face of unacceptable workplace behaviour and cultures.
Here are some strategies to help you navigate problematic behaviour and avoid seeing your business name in lights for all the wrong reasons:
- Don’t ignore the warning signs: I commonly and too often hear that despite employees identifying behaviour or even entire environments as bullying, harassing, discriminatory, or toxic that the employer took no action in response. Its important that employers understand that even where a formal complaint hasn’t been lodged that they have to be at the very least attune to these sorts of serious concerns raised by their employees.
- Know your legal obligations under applicable statutes when it comes to harassment and discrimination: most employers have significant obligations under statue that require they provide a safe working environment from dangers like harassment and discrimination. Some statutes also outline expectations with respect to what must be included on policies and procedures dealing with these sorts of dangers including fairly strict obligations for responding to these sorts of complaints. For example, the Ontario Occupational Health and Safety Act requires employers with 5 or more employees to have a harassment policy that includes very specific elements (i.e. procedures for reporting and how the incidents will be investigated).
- Ensure your policies and procedures are accessible: There’s no sense in introducing a policy that employees can’t understand or can’t find. Ensure your policy is clear and easy to engage with. Be certain that it is readily available to employees. It’s also critical that the employer is also aware of and understands how to implement its own policies.
- Know when its time to investigate: The decision to investigate is fairly obvious once you’ve received a formal complaint from an employee. However, its also important to consider when an investigation may be necessary even if a complaint hasn’t been formalized given that occupational health and safety laws often dictate that an employer should investigate ‘where appropriate’. Once you’ve decided to investigate, be certain that you appoint a trained investigator (whether internal or external to the organization).
- Be prepared to consider tough and potentially costly decisions: The outcome of the decision, especially if the allegations of discrimination or harassment were founded, will leave you with an uncomfortable and potentially costly decision to make. It’s very rare that there will not be some sort of work to be done to remediate the workplace and in some cases that process will take significant investment. Ensure you understand what constitutes reprisal before making any final decisions.
By Tiffany Thomas
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