Bill 42: preventing and combating psychological harassment and sexual violence in the workplace: what are your obligations?

On March 27, 2024, Bill 42 was assented, introducing amendments to labor laws to better protect workers against psychological harassment and sexual violence. Employers must quickly adapt their policies and practices to comply with these new requirements, or risk recourse and fines.

What are your obligations?

Employers must adapt their policies and practices regarding psychological harassment in the workplace to comply with the new provisions of Bill 42. These changes include

• A broader definition of sexual violence.
• The addition of two new presumptions to facilitate the recognition of employment injuries related to such violence.
• Changes to the procedures for accessing workers’ medical records.
• An extension of the claim period for injuries resulting from sexual violence.
• Establishment of a prevention policy including methods for identifying and handling complaints of psychological harassment.
• Reinforcement of protection measures against reprisals.
• A review of amnesty clauses and the imposition of punitive damages.

Impact on employers

It is crucial for employers to verify whether their current policies and practices meet the new legal requirements. Employers under provincial jurisdiction must assess the impact of these changes on their existing practices and ensure compliance. Non-compliance can result in fines and legal action.

We’re testing your knowledge of PL42!

After reading this :

• Are you aware of Bill 42’s new obligations regarding psychological harassment and sexual violence?
• Do you understand the new definition of sexual violence and its implications for your company?
• Did you know that the time limit for filing claims for employment injuries related to sexual violence has been extended?
• Have you updated your internal policies to meet the requirements of Bill 42?

Conclusion

The Iceberg Management team is available to assist you in adapting your policies and practices in line with Bill 42 or other Bill. Please do not hesitate to contact us if you have any questions or require support.

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