Spousal, family and sexual violence

The risk of spousal, family and sexual violence is present in the workplace in small and large businesses from institutions to construction sites.

The problem of spousal, family and sexual violence can have to do with more than just the victim’s personal life. It can also have an impact on the places the victim frequents, including the workplace. Employers and workers all have a role to play in putting an end to violence in the workplace. They have an obligation to protect the health, occupational safety and physical and psychological well-being of workers who are experiencing spousal, family or sexual violence.

What are spousal, family and sexual violence?

Spousal violence

Spousal violence occurs between two individuals who are in a romantic, intimate or spousal relationship. The type of violence is immaterial. The individuals may be in a current relationship or have been in a relationship in the past. Spousal violence often involves a dynamic of control. (Definition based on the INSPQ’s Rapport québécois sur la violence et la santé de l'INSPQ)

Family violence

Family violence is when someone uses abusive behaviour to control or harm a member of their family, or someone with whom they have an intimate relationship. Family violence includes many different forms of physical and emotional abuse, as well as neglect carried out by family members. (Definition based on the Government of Canada’s About Family Violence web page)

Sexual violence

Sexual violence includes any unwanted conduct of a sexual nature involving verbal comments, actions or gestures, and any other conduct based on sex that affects a man’s or a woman’s dignity, which is unwelcome, unreasonable and offensive to the person. (Definition based on the INSPQ’s Rapport québécois sur la violence et la santé de l'INSPQ)

Types of violence

Violence can be either physical or psychological:

• physical (e.g. punching, pushing, slapping, strangling)
• psychological (e.g. repeated criticism, manipulation, denigration, threats)

How do spousal, family and sexual violence manifest in the workplace?

They can manifest in different ways, namely:

• harassment by phone, email or text messages
• frequent intrusions by the violent person into the victim’s workplace
• communication by the violent person with the victim’s co-workers, employer, etc.
• the victim may also be followed and harassed at or near their workplace

What to look for

Violence is not always easy to detect. However, there are certain signs that may indicate that a worker is the victim of violence, namely:

• physical signs (bruises, etc.)
• significant changes in behaviour (nervousness, fatigue, etc.) or performance (decline)
• the desire to work overtime (the person appears to take refuge in their work)
• sudden attendance problems
• isolation from the rest of the team and refusal to participate in activities outside work
• abnormal work interruptions for personal reasons (frequent phone calls, text messages and emails from their spouse, visits to the workplace by their spouse or another family member, etc.)
• co-workers’ observations or concerns about the person’s behaviour
• a report made by a co-worker

Employers’ and workers’ obligations and responsibilities

Employers and workers have a roll to play in managing risks associated with violence

Employers

When the employer is aware or should reasonably be aware that a worker is exposed to spousal or family violence, they must take certain measures:

• make sure that their facilities are equipped and set up in such a way as to ensure employee safety (e.g. controlled access to the workplace, security cameras, panic button, etc.)
• make sure that the organization of work, work methods and techniques are safe and protect workers’ safety (e.g. allow the victim of spousal violence to return to the workplace if they are working from home)
• use methods and techniques designed to identify, correct and control the risk of violence in the workplace (raise awareness of spousal violence among workers, implement a policy on violence, develop an individual safety plan, etc.)
• inform workers about the risks associated with violence, including spousal and family violence (signs to look for, procedures, policies, etc.)

Workers

Workers must:

• become familiar with the applicable prevention program or action plan
• take the necessary measures to protect their health, safety and physical well-being
• make an effort not to endanger the health, safety or physical well-being of others in or near the workplace
• help identify and eliminate the risk of work accidents and occupational diseases to themselves and to others in or near the workplace

In particular, workers are entitled to working conditions that safeguard their health, safety and physical and psychological well-being.

If a person is experiencing spousal, family or sexual violence that spills over into the workplace, they should not hesitate to inform their employer and ask for help.

Prevention

The employer must take the necessary measures to protect the worker’s health, safety and physical well-being. They must use the methods and techniques designed to identify, correct and control the risks of violence in the workplace. The risks associated with violence should also be included in their prevention program or action plan.

The following are some examples of a process for preventing spousal, family and sexual violence:

Identify

• Include the risks associated with physical or psychological violence, including spousal, family and sexual violence, in the prevention program or action plan
• Be on the lookout for signs or indicators that suggest that a worker might be the victim of spousal, family or sexual violence
• Report suspected situations of violence or admissions from the victim to the business’ resource person

Correct

• Inform staff (workers and management) and raise awareness about spousal, family and sexual violence, and incorporate these concepts into the initial training of new workers:
  • each party’s roles and obligations
  • definitions and possible manifestations
  • privacy and confidentiality issues
  • procedure in the event that a worker confides in them
• Identify a resource person in the business who will be responsible for managing reports, as well as signs and manifestations
• Develop an individual safety plan based on the situation of the worker experiencing spousal, family or sexual violence
• Develop an internal policy on violence
• Make documents listing specialized resources and organizations offering assistance available to workers
• Implement measures aimed at reducing the risk of physical violence (physical barriers at strategic locations, panic button connected to police, control of comings and goings, safety cameras, etc.)
• Put mechanisms and procedures in place to facilitate reporting
• Organize awareness activities about spousal, family and sexual violence
• Support and listen to the victim and refer them to specialized resources and organizations offering assistance

The employer should never substitute for the specialists in spousal violence who work in specialized resources and organizations. Although they must take the necessary measures to ensure workers’ health, safety and physical well-being in the workplace, employers are not specialized practitioners.

Control

• Provide workers with refresher training to review the measures and procedures in place
• Inspect the workplace to make sure that it is physically secure
• Constantly reassess the measures put in place to help a victim of spousal, family or sexual violence, and make sure that they are being followed
• Constantly update the policy or procedures respecting violence in place
• Include the inspection of alarm systems and doors in the preventive maintenance program
• Make sure that the information available on specialized resources offering assistance in the region is up to date and accessible to workers

Individual safety plan

With the consent of the worker experiencing spousal, family or sexual violence, the employer can implement an individual safety plan.

This personalized plan includes all of the measures that will be put in place to ensure the person’s safety. The employer must obtain the person’s verbal or written consent before implementing an individual safety plan. Once consent has been obtained, the plan can be disseminated, but only to people in the business who will be responsible for implementing it.

The individual safety plan may include:

• changing the person’s phone extension
• moving the person’s workstation
• granting the person flexible work hours
• programming 911 into the victim’s personal phone
• developing a plan to control comings and goings in the workplace
• accompanying the person to their car
• installing a panic button connected to the security guard
• authorizing the person to return to the workplace if they were working from home
• agreeing to apply a court order

Internal policy on violence

Developing an internal policy on violence is a positive step the employer can take. The policy may include:

• a definition of spousal and family violence
• each party’s rights and responsibilities
• actions to train staff and raise awareness about physical and psychological violence, including spousal, family and sexual violence
• the employer’s undertaking to make the workplace safe
• the procedure to follow in the case of a traumatic event (e.g. writing an event report in the case of a serious or fatal accident or act of violence)
• a non-discriminatory support policy to meet the victim of spousal violence’s need for support and consultation

Privacy and confidentiality

Since information about situations of violence is confidential, the employer cannot force workers to report such situations. Also, they cannot require them to say whether or not they are experiencing spousal violence. However, the employer should implement measures to allow the victim to speak in all confidence. When there is a doubt as to a worker’s situation, the employer can try to discuss their well-being with them without forcing them to reveal anything. For example, the employer could discuss:

• procedures and possible workplace accommodations that could be put in place for the worker experiencing spousal violence
• resources available to the worker
• the confidentiality of information
• the policy against violence in the business, if there is one

The employer must also obtain the verbal or written consent of the victim of spousal violence if they want to report the situation to a third party, such as a crisis centre for victims of spousal violence or to implement an individual safety plan.

However, although information about situations of violence is confidential, there are exceptions that allow someone to share information if there is a reasonable reason to believe that a worker is facing the risk of death or serious injury.

Scenarios

Example A

Jake manages a metal fabrication plant. For the past week, he has noticed that the ex of one of his employees, Sylvie, regularly shows up at the workplace at lunchtime. He appears to be aggressive and insults her in front of her co-workers. Given the situation and his concern to protect his employee’s health and safety, Jake decides to meet with Sylvie. She tells him that she is afraid of her ex, since he did not want to separate. She is even afraid for her safety, since her ex made threats on her life earlier in the week. Sylvie thinks that her ex will show up again at lunchtime. Jake would like to help Sylvie, but doesn’t know what to do. He wonders whether he has the right to call the police if Sylvie’s ex shows up again and starts threatening her.

The employer is bound by an obligation of confidentiality regarding the information Sylvie has given him. For example, an employer cannot call a crisis centre for victims of spousal violence without first obtaining the worker’s consent. However, the law provides for certain exceptions, including the right to share the information if there is a reasonable reason to believe that the worker is facing the risk of death or serious injury. Consequently, Jake could try to obtain Sylvie’s consent and implement prevention measures to ensure her safety, for example, developing an individual safety plan. If Jake believes that there is a reasonable reason to believe that a worker is facing the risk of death or serious injury, he should contact the police. Regardless, even without Sylvie’s consent, there is nothing to stop Jake from implementing prevention measures that do not involve sharing information with a third party, for example, controlling comings and goings.

Example B

Nadine is an elementary school principal. One of her teachers, Sarah, has been separated for a few months. Sarah confided in Nadine and her co-workers about the situation of violence she has been in since her separation. Her ex has been harassing her. He sends her abusive texts during the day and even waits for her at the school gate at the end of the day. Sarah says that she is very anxious and that she fears that her ex’s behaviour will only get worse.

Nadine would like to implement measures to ensure Sarah’s health and safety in the workplace and refer her to organizations that offer assistance to victims of spousal violence. She decides to meet with Sarah to discuss the situation. Sarah is touched by Nadine’s offer of assistance, but she does not want to contact an organization or have Nadine implement measures for her. Given the situation, Nadine wonders how she should act as Sarah’s employer, since she feels powerless.

Nadine cannot share any information with a third party (e.g. implement an individual safety plan involving human resources, or contact an organization specializing in spousal abuse) without Sarah’s verbal or written consent. However, she is required to implement measures to protect the health and safety of her workers, including the victim. Nadine could:

• implement a procedure to control comings and goings (e.g. allow visitors to enter the school only through the front door, which is monitored)
• change Sarah’s work schedule
• implement any other measure that does not involve sharing confidential information with a third party

Nadine could remind Sarah that she is available if she needs help and provide her with a list of organizations specializing in spousal violence. She could also talk to Sarah about getting an order from a judge (known as an “810”) since she is afraid of her ex. If such an order were issued, Nadine would be obliged to ensure its application.

Lastly, if the situation were to get worse and Nadine considered that there was a reasonable reason to believe that Sarah, the other workers on site or other people around her (e.g. her children) were faced with the risk of death or serious injury, she would have to call the police.