Jul. 24, 2017 "What can I do to make my building's parking garage safe?": Today I found this article in the Globe and Mail:
THE QUESTION
I have an awkward moral, and perhaps legal, dilemma involving an off-the-beaten-track underground parking garage. Sometimes it is full, often not.
A woman was sexually assaulted in the garage.
The garage operates 24 hours a day and provides free parking to clients. I work in a business in the same building.
I told the property-management company that women should be escorted to the garage, especially at night. But it was decided that the appearance would be bad for business and the request was denied.
I can see that, but how bad for business would it be for a client to be assaulted when no steps were taken to prevent it? What should, or could, I have done?
THE FIRST ANSWER
Heather Faire
Human-resources executive, Atlanta
Since the property-management company believes an escort may be too conspicuous, perhaps you could recommend a technology solution.
It is common these days to secure garages with cameras and speakers, placing them strategically throughout the garage and monitoring them at a security desk.
Putting up signs, visible to the public, indicating the area is under surveillance, could be an additional safety precaution.
An alternative recommendation could be offering a valet service, so clients avoid going into the garage altogether.
These are just a few recommendations; however, it might be wise to seek the advice of the local police service or your business’ liability-insurance provider. They would likely be able to offer recommendations that make sense for your business and location.
If your property-management company still declines to take action, you could appeal to the other businesses in the building, that have a shared interest in the matter. You may be able to convince them to take action, as well as share the cost and effort to implement a suitable recommendation.
THE SECOND ANSWER
Shane King
Partner, litigation & dispute resolution group, McLeod Law LLP, Calgary
You have certainly done the right thing by making this suggestion to the property-management company.
The management company could be opening itself up for potential litigation if another incident happened and they had chosen not to have a Safewalk program simply due to optics.
The risk of this could be that if an individual is attacked, with the management company having knowledge of a known and pending risk, the management company could be sued for failing to warn individuals of a known, pending risk. The damages in such a litigation would be quite high.
In regard to “what else could you have done,” short of starting such an initiative yourself, it is difficult to force the management company to install such a program if they don’t want to.
Feb. 12, 2017 "My boss hired a man who assaulted me. Should I disclose this?": Today I found this article in the Globe and Mail:
THE QUESTION
Recently, I was sexually assaulted by a man who has since been hired by my employer. I did not report the assault at the time, and have no intention of taking out “revenge” now. I am more concerned that telling my boss will result in an investigation.
No one seems to win when there is an investigation. I do not want to be looked upon as a troublemaker. I am on contract as an HR professional, and know from experience that it is easy to not renew work for those who become an administrative hassle.
How do I balance my sanity and safety with my career? Do I have an obligation to disclose? Can I disclose and still maintain control over how my employer reacts?
THE FIRST ANSWER
George Cottrelle
Partner, Keel Cotrelle, Toronto
The sexual assault that occurred, and the fact this individual has been subsequently hired as an employee in your workplace, are horrific circumstances.
As this sexual assault took place outside the workplace, and prior to the individual becoming an employee in your workplace, this assault would not likely be governed by your employer’s workplace policies, or by the applicable workplace health and safety legislation, unless this individual poses a safety risk to any worker.
Employers have a legal duty to provide a safe workplace. All jurisdictions in Canada have workplace legislation governing the safety of employees. Ontario recently passed legislation specifically dealing with workplace sexual harassment.
You have no legal obligation to report this sexual assault to your employer unless there is a specific safety risk to other workers, in which case different considerations may apply.
If you do report this matter, then your employer will have an obligation to assess and investigate safety risks posed by this individual to workers.
You have no control over the manner in which your employer conducts this assessment and investigation.
However, it would be unlawful for your employer to decide not to renew your contract of employment, or to otherwise take reprisal actions against you, because you have reported this sexual assault.
If you choose not to report the assault, then you need to be confident that your own mental health and safety will not be compromised. You may want to consider seeking some professional counselling to assist in making this assessment.
THE SECOND ANSWER
Heather Faire
HR executive, Atlanta
Sexual assault is a crime, and those subject to a crime are victims. Reporting a crime is a right, not revenge, and does not make one a troublemaker.
Research your employer’s related workplace policies and reporting practices. Many companies have harassment-free-workplace, respect-in-the-workplace and reporting-non-retaliation policies to protect their employees.
I would encourage you to report your assault to the police and advise your employer if you feel unsafe in the workplace. You might want to engage a co-worker friend to come with you for support.
The police could investigate the crime. Concurrently, your employer could provide some accommodation, or transfer to a different work area, so you feel protected and safe at work.
Disclosing what happened to you may help open the door to healing. It could also potentially prevent future victimization. Regardless of what you do, I would strongly advise you to seek professional counselling as well as the support of a victims’ rights organization, to deal with the trauma and distress associated with the assault.
Bobsays
2 days ago
My Prime Minister let in men who have committed unspeakable acts of rape and murder against women and children? Should I disclose this?
1 Reaction
L Glea
2 days ago
Theme (propaganda) of the month at the Globe! 'Fake question' alert!
My opinion: I agree with both answers like report this to the police. Also you should tell your boss. I definitely agree she needs to get counselling.
This is from my Mar. 2021 blog post:
"#MeToo movement becomes #WeToo in in victim-blaming Japan"/ "Outrage as women in Japan told not wear glasses in the workplace"
Aug. 17, 2020 Saying: I found this on Facebook:
"You never look good when you are trying to make someone else look bad."- Unknown
Cham: Sometimes people need to be exposed for who they are hahah or maybe I should stop being petty
Tracy Au: There's a difference between trying to make someone look bad, and exposing them for who they are. It's like those #MeToo accusers and victims, they are plainly telling everybody about the perpetrators. They're not trying to make them look bad.
"You never look good when you are trying to make someone else look bad."- Unknown
Cham: Sometimes people need to be exposed for who they are hahah or maybe I should stop being petty
Tracy Au: There's a difference between trying to make someone look bad, and exposing them for who they are. It's like those #MeToo accusers and victims, they are plainly telling everybody about the perpetrators. They're not trying to make them look bad.
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