Chatham Widower Wants Ontario to Outlaw Sexual Harassment in Workplace
By Ross Marowits
Originally published by The Canadian Press, June 8, 2001
TORONTO (CP) — Nearly five years to the day after his wife was shot to death by her boss, a southwestern Ontario man appealed Thursday to the government to do something to prevent sexual harassment in the workplace.
"I believe sexual harassment in the workplace is only there because the people at the top condone it and maybe practise it themselves," Jim Vince told a news conference at the Ontario legislature. "It's hard to believe that a person could continue this type of action and there is no recourse to stop it."
Theresa Vince was gunned down in 1996 at her job the Sears store in downtown Chatham three weeks before she was set to retire. Russell Davis then turned the gun on himself.
The 65-year-old widower and his family are trying to convince provincial politicians to amend the province's Occupational Health and Safety Act to make sexual harassment a workplace offence.
Four years ago, a coroner's inquest jury recommended that the Ontario Human Rights Commission improve the complaints process so they're dealt with fairly. It also urged the commission to increase public awareness to encourage victims to come forward.
Vince complained to a regional manager in January 1995 that Davis was sexually harassing her. When nothing was done, she chose to handle the situation herself instead of taking her complaint to the Human Rights Commission.
A human rights lawyer who acted on behalf of the Vince family at the inquest said the government has failed to act to prevent harassment which affects 40 to 70 per cent of all working women.
"We are here because despite the aftermath of this tragedy and the resulting inquest which produced meaningful recommendations, this government has done nothing to increase protection for women experiencing sexual harassment in the workplace," said Geri Sanson.
While the problem is common, only seven per cent of women file formal complaints, she says. Part of the problem lies with how slow the complaints process is and that the commission has little power to stop to the offending behaviour.
Pat Hoy, a Liberal who represents the riding of Chatham-Kent-Essex where Theresa once lived, introduced a private member's bill Thursday that would amend the law to require immediate investigations of allegations of sexual harassment. If passed, it would also allow ministry inspectors to issue immediate orders to stop the offending actions, give workers the right to refuse work after harassment has occurred and pay workers for absences related to harassment.
"The (Premier Mike) Harris government has only paid lip service to protecting women in the workplace," he said.
A spokeswoman for Labour Minister Chris Stockwell said the government will examine the bill even though sexual harassment is explicitly covered under the human rights code.
"Certainly, the minister will have a look at it," said Kelly Shute.
But Ontario's minister responsible for women's issues said the government won't support amending the legislation.
"We're not prepared at this point in time to consider it as part of the Workplace Health and Safety legislation," said Dianne Cunningham.
She also refuted accusations that the government isn't doing enough to prevent workplace harassment.
"We've put in many programs to stop violence against women," she said.
