On March 27, 2024, Québec passed Bill 42, An Act to prevent and fight psychological harassment and sexual violence in the workplace. This Bill aims to strengthen preventive measures and remedies for workplace psychological harassment and sexual violence. It amends several Québec work laws, including the Act respecting labour standards (ALS), the Act respecting occupational health and safety (OHSA), and the Act respecting industrial accidents and occupational diseases (AIAOD).
Below is a summary of the implementation of the provisions of the Bill:
1-Changes effective since March 27, 2024
Employers can no longer retaliate against employees who report or cooperate in handling harassment complaints. The Bill also mandates that the cost of benefits due to employment injuries from sexual violence be allocated automatically to all employers, deviating from the general rule of the AIAOD.
A new definition of "sexual violence" has been added to the OHSA, encompassing any form of sexual misconduct, whether singular or repeated, including acts related to sexual and gender diversity.
2- Harassment policy in the workplace: mandatory additions by September 27, 2024
The Bill mandates employers to include new elements in their psychological harassment prevention policies. Previously, the content of such policies was at the employer's discretion, with the main obligation being the creation and dissemination of the policy. The new required elements include:
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Methods to identify, control, and eliminate psychological harassment risks, including verbal comments, actions, or gestures of a sexual nature.
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Specific information and training programs on psychological harassment prevention for employees and designated complaint handlers.
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Recommendations on appropriate behavior during work-related social activities.
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Procedures for making complaints or reports and the follow-up actions by the employer.
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Measures to protect individuals involved in harassment situations.
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A process for managing harassment situations, including employer-led inquiries.
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Measures to ensure confidentiality of complaints and related documents, with a two-year preservation period.
These policies must be integrated into the establishment's prevention program or action plan by October 1, 2025.
3- Other Changes effective from September 27, 2024
The Bill provides stronger protections for employees who are victims of sexual violence through new legal presumptions. Injuries or diseases resulting from workplace sexual violence are presumed work-related, especially if they occur within three months after the incident.
Additionally, the Bill modifies access to employees' medical records in cases of contested employment injury claims, limiting the information employers can access. Health professionals and employers who violate these provisions face fines of up to $10,000 for legal persons.
The time limit for filing a claim for employment injuries resulting from sexual violence has been extended from six months to two years.
Employers must adapt their policies, complaint processing, and management of medical and disciplinary records to comply with the new provisions.