The Jiam Ghomeshi affair is over. May he disappear from the public eye forever, likely funded to his dying day by a multi-million dollar wrongful dismissal settlement from the CBC that we'll never hear about because it will be decided out of court.
In the aftermath, however, it's time for public and private sector employers, as well as employees and unions, across Canada to get serious about sexual harassment and other unacceptable workplace conduct.
For far too long, far too many employers have turned a blind eye to the way their managers are treating their staff or the way fellow employees are treating one another. There are still employers that do not have workplace policy in place defining harassment and abusive behavior with an explicit warning it will not be tolerated, as well as informing employees how to make complaints, how those complaints will be investigated and what the disciplinary repercussions are.
Many employers, both business owners and senior managers, don't want to get involved because it can be time-consuming work that feels too much like babysitting squabbling kids. Some don't want to get involved because they're lazy and hope the problem will just take care of itself. Some think it's better to remain ignorant because to become aware might come with some kind of legal obligation to act.
The opposite is now true. Just as ignorance of the law is no excuse for being charged with a crime, it is increasingly the case that employers can't claim they didn't know about ongoing harassment in their workplace as a legal defence.
Just ask the CBC.
Two senior managers were relieved of their duties in the immediate aftermath of the Ghomeshi affair. Being too busy helping the Mother Corp. fulfill its nation-building mandate to protect employees from sustained workplace abuse is no longer acceptable, especially when there are written harassment protocols already in place.
Even before Kathryn Borel explained in graphic detail on the courthouse steps this week how Ghomeshi routinely harassed her sexually, the toxic work environment at the CBC had been well-chronicled. When Linden MacIntyre, a longtime CBC staffer and Fifth Estate host, made comments shortly before his retirement about the routine bullying that goes on at the CBC, particularly from its star talent, CBC executives went into full-denial mode and initially banned MacIntyre from appearing on CBC News Network.
What MacIntyre was identifying was how bullying and other workplace abuse becomes normalized. Managers verbally and even physically attacking staff for mistakes. Male supervisors making sexual comments about their female employees. Employees referring to fellow staff members with racial slurs. When that kind of conduct happens all the time and no one does anything, it becomes expected, forming part of the culture. The person who challenges that conduct is seen as a troublemaker and someone who doesn't get the way things are in this sector or at this job.
That's why owners and senior managers have to lead. They have to set the example and change the tone, both in their own conduct but also in their willingness to quickly address any unacceptable workplace behavior. They have to listen when employees come to them with concerns and they have to look into those allegations quickly and thoroughly. This is also fertile common ground for employers and unions to work together on creating and maintaining safe workplaces, as well as dealing with union members, supervisors and managers who refuse to follow the rules and respect their colleagues.
The benefits of harassment-free workplaces are enormous, from motivated staff, fewer sick days and better morale, to improved communication, higher worker retention and greater collaboration.
The Ghomeshi affair may have had a completely unsatisfying legal outcome but it has the potential to change so much, from how women report sexual assaults and how they are treated by the judicial system to workplace harassment and abuse. The former requires specific changes within the law enforcement and legal communities but the latter can be done for everyone's sake, for business owners and workers alike.
