An employee tells HR that their supervisor has been bullying them. A manager replies that everyone is under pressure and the employee needs to develop a thicker skin. Another manager asks whether the complaint is based on a protected characteristic before deciding if the organization needs to act. Neither response is a good starting point. The employer needs to understand the conduct, the context and the legal duties it owes, even when a complaint is uncomfortable or the events happened outside ordinary working hours. Bullying and human rights harassment aren't always identical. The Alberta Human Rights Commission explains that harassment involving an adverse effect connected with a protected ground can amount to discrimination under the Alberta Human Rights Act. It also explains that harassment or bullying may be unacceptable even when it doesn't satisfy the human rights statute's particular test. Occupational health and safety obligations, employment contracts, collective agreements and employer policies can still require action. A remark needn't be unlawful discrimination to create a serious workplace problem.
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