Canadian Lawyer InHouse

JULY/AUGUST 2019 30 INHOUSE DAVID EDINGER SAYS EFFECTIVE WORKPLACE TRAINING IN THE CURRENT CLIMATE REQUIRES SOME FLEXIBILITY. er training and workplace conduct policies, however, may still depend on the nature of the company, he says. "In the regulated professions, these poli- cies have been in place for many years and are much more accepted," he says. All of the lawyers agree that, in addition to gender differences over what is accept- able workplace conduct, generational ones are also a major factor to consider. Employee communications is one exam- ple, says Cabel. "I think there are more opportunities for a misinterpretation generally. Younger peo- ple treat emails like telephone conversations. They will put anything in them," she says. Bingham notes that younger employees are more familiar with the importance of address- ing gender discrimination and harassment. "But a younger workplace can also be much more informal. It is important to ex- plain to them that there is a difference be- tween work life and social life," she says. A survey conducted by Angus Reid in February 2018 about #MeToo and work- place relations separated responses by age group and some of the results could be de- scribed as surprising. More than a quarter of men aged 18 to 34 responded that it was acceptable to tell an "off-colour" joke at work, compared to eight per cent of male employees aged 55 and over. The "acceptable" response for female employees ranged from 10 to 16 per cent (the 16 per cent was women aged 35 to 54). Nearly 20 per cent of men in the 18-to- 34 age group stated that giving a colleague an uninvited shoulder rub at work was ac - ceptable, compared to six per cent of women in that age range (fewer than 10 per cent of men in the older age demographics found this to be acceptable). As well, the survey indicated that 13 per cent of male respondents aged 18 to 34 replied that it was OK to peruse a porno - graphic magazine at one's workstation dur- ing the lunch break. This contrasted with three per cent of male employees aged 55 and older, who said it was acceptable. Along with putting effective training in place, just as crucial for employers is a pro - cess that deals with complaints in a fair and proportionate manner to all parties. Hulton says that requires an environ- ment where an employee is not afraid to come forward, especially if it involves a col- league who may have more power within the organization. "If you can't say something, nothing will change," she says, adding that this should apply as well to bystanders who have rel - evant information. A spectrum of workplace misconduct, de- veloped by University of Southern Califor- nia professor Kathleen Reardon, is a useful tool to use in analyzing the seriousness of an allegation and how to respond, says Hulton. "THERE ARE DIFFERENT SOCIAL MORES NOW. WHETHER SOMEONE INTENDED IT OR NOT IS NOT NECESSARILY RELEVANT." MELANIE SAMUELS

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