British Columbia Law

Workplace Harassment in BC: Employer Obligations and Liability

By Andrew Liggett, Sea to Sky Law, New Westminster, BC

Workplace Harassment in BC: Employer Obligations and Liability

Workplace harassment is not just an HR problem — it is a legal one. BC employers face obligations under three overlapping frameworks: WorkSafeBC's bullying and harassment regulations, the *BC Human Rights Code*, and the common law duty to maintain a workplace free from harassment. Failing to meet these obligations can result in WorkSafeBC orders, Human Rights Tribunal awards, and wrongful dismissal claims.

Understanding what is required — and what happens when you fall short — is essential for every BC business owner.

The Three Legal Frameworks

WorkSafeBC: Bullying and Harassment Regulations

Under the *Workers Compensation Act* and WorkSafeBC's Prevention Manual, every BC employer must:

• Have a written policy stating that bullying and harassment will not be tolerated
• Have a written procedure for workers to report incidents and for the employer to investigate
• Inform and instruct workers annually about the policy, the procedure, and how to report
• Investigate and document each incident or complaint
• Take corrective action where bullying or harassment is found

These are not optional or aspirational — they are legal obligations. WorkSafeBC can inspect your workplace, request your policies and investigation records, and issue orders or financial penalties for non-compliance.

Bullying and harassment under WorkSafeBC's definition includes conduct that a reasonable worker would find intimidating, humiliating, or demeaning — repeated behaviour or a single serious incident. It includes conduct between workers, between supervisors and workers, and from clients or customers directed at your workers.

The BC Human Rights Code

The *Human Rights Code* prohibits harassment in employment based on protected grounds, including sex, race, disability, sexual orientation, gender identity, age, religion, and family status.

Sexual harassment — unwelcome conduct of a sexual nature that affects a person's employment or creates a hostile work environment — is the most frequently litigated form. But the Code covers all forms of harassment linked to a protected characteristic.

Critically, employers are vicariously liable for harassment by their managers and supervisors, and potentially liable for harassment by co-workers if they knew or ought to have known about it and failed to act. The employer's liability does not require that a senior manager personally participated in the harassment.

Common Law Duty

Beyond statute, employers owe a common law duty to provide a safe working environment. Breach of this duty — allowing a hostile or harassing environment to persist — can found a claim for constructive dismissal (where the employee resigns) or wrongful dismissal aggravated damages (where the employer terminates).

What Triggers the Duty to Investigate?

The duty to investigate is triggered whenever you receive information — formal or informal — that harassment may have occurred. This includes:

• A formal written complaint
• A verbal complaint to a supervisor or manager
• Information from a third-party witness
• Something you observe directly
• Anonymous reports

The threshold is notice, not proof. You do not need to believe the complaint is true before investigating — you need to investigate to find out. Failing to investigate because you think the complaint is unlikely or because the accused is a valued employee is itself a breach of your legal obligations.

How to Conduct a Workplace Investigation

A workplace harassment investigation in BC should be:

Prompt — begin as soon as reasonably possible after receiving the complaint. Delay can harm the complainant and allow evidence to be lost.

Impartial — the investigator must not have a stake in the outcome. For smaller businesses, this often means retaining an external investigator.

Procedurally fair — both the complainant and the respondent must have the opportunity to present their account and respond to the other's allegations.

Documented — keep detailed notes of every interview, document reviewed, and finding. The investigation file is your evidence if the matter proceeds to a tribunal or court.

Confidential — limit disclosure to those who need to know. Broad disclosure of complaint details can itself expose you to liability.

Resolved — make a finding and take appropriate action. An investigation that ends without a conclusion or response is not a completed investigation.

When to Use an External Investigator

For any complaint involving a senior employee, a complaint against management, a complex or contested factual dispute, or a situation where impartiality would be questioned, consider retaining an external investigator — an employment lawyer or HR professional experienced in workplace investigations. The cost of an external investigation is far less than the cost of a tainted investigation challenged at a tribunal.

Corrective Action: What Is Required?

Where harassment is substantiated, you must take corrective action proportionate to the seriousness of the conduct. This may include:

• A written warning placed in the harasser's file
• Mandatory training
• Reassignment to a different role or location
• A suspension
• Termination of employment

Corrective action that is too lenient for the seriousness of the harassment, or that allows the harassing behaviour to continue, will not protect you from ongoing liability. If the situation recurs after corrective action, escalate the response.

Protecting the Complainant from Retaliation

Retaliation against a worker for making a harassment complaint — or for participating in an investigation — is prohibited under both the *Human Rights Code* and WorkSafeBC's regulations. Retaliation includes demotion, schedule changes, isolation, excessive scrutiny, and termination.

If a complainant is terminated or constructively dismissed following a harassment complaint, the business faces both a wrongful dismissal claim and a retaliation claim under the *Human Rights Code*. These compound quickly into significant liability.

Practical Steps for BC Employers

Have the Right Policies in Place

Every BC employer should have:

1. A bullying and harassment prevention policy — signed acknowledgement from every worker
2. A complaint procedure — names or roles to report to, steps that will be followed, timelines
3. An anti-retaliation statement — clear statement that retaliation is prohibited
4. Annual training — document that workers have been informed of the policy and procedure

For businesses with fewer than 20 employees, WorkSafeBC provides template policies that meet the regulatory requirements as a starting point.

Respond Immediately to Every Complaint

Treat every complaint seriously, regardless of whether you believe it is meritorious. Acknowledge receipt, explain the process, and begin your investigation without delay. Do not pre-judge the outcome.

Separate the Parties Where Necessary

If maintaining normal working arrangements during the investigation creates risk — to the complainant, to witnesses, or to the integrity of the investigation — consider whether a temporary separation of the parties (leave with pay, reassignment, or schedule change) is appropriate. This is not a finding of fault; it is a protective measure.

Document Everything

Your documentation — policies, training records, complaint files, investigation notes, and corrective action records — is your defence in any subsequent proceeding. An employer who cannot produce records of their investigation, policies, and corrective action is at a serious disadvantage.

The Cost of Getting It Wrong

Human Rights Tribunal awards in BC harassment cases can include:

• Lost wages and benefits from the date of the harassment or resignation
• General damages for injury to dignity, feelings, and self-respect (commonly $20,000–$75,000 or more in serious cases)
• Public interest remedies — mandatory training, policy changes, monitoring

WorkSafeBC can issue stop-work orders, improvement orders, and administrative monetary penalties.

Combined with a wrongful dismissal claim, the total exposure from a mishandled harassment complaint can reach six figures or more. The investment in proper policies, prompt investigation, and appropriate corrective action is orders of magnitude smaller.

Getting Legal Advice

Employment and human rights law in this area is technical. Before conducting a formal investigation into a serious complaint, before taking corrective action including termination, or when faced with a Human Rights Tribunal complaint, speak with an employment lawyer. Early legal advice shapes the investigation process and documentation in ways that protect the business throughout.

This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.