Workplace harassment: what Bill 42 really says and what you probably don’t know

We all think we more or less know what workplace harassment is.Until the day when… a real situation happens.And then suddenly, everything becomes much blurrier.

Between what people say, what we think we understand, what the law requires and what the organization must actually do… there’s a big gap.

So, let’s clear everything up.

Article written by Camille Weber-Lin, Director psychological and organizational health division at Perrier Consulting

1. Harassment is not about being “oversensitive.”

The law defines psychological harassment when these five criteria are present:

• vexatious conduct (abusive, humiliating, hurtful),

• repeated (or a single serious incident),

• hostile or unwanted,

• that harms dignity or integrity,

• and creates a harmful work environment.

So it is not:

✖ one isolated unpleasant comment

✖ a clumsy manager

✖ a manager exercising their right to manage

✖ a difference of opinion

It can be:

✔ preventing someone from speaking

✔ consistently ignoring a person

✔ belittling, ridiculing, or discrediting them

✔ threatening, attacking, or destabilizing them repeatedly

👉 And even if the 5 criteria aren’t all present: you still have the right to ask for help.

2. Intention doesn’t matter. (Yes, really.)

“But I was joking!”“I didn’t mean anything by it.”“It was just for fun…”

The law does not look at intention. It looks at the impact.

The real question is: “Would a reasonable person, in the same situation, consider this behaviour to be harassment?”

So yes: even a joke can become a problem if it hurts, humiliates, isolates, or harms the work climate.

3. The employer has no choice: they MUST protect their teams.

The employer must:

✔ prevent harassment

✔ intervene as soon as they become aware of a situation

✔ act whether the source is a colleague, a manager, a client, or a supplier

✔ protect remote workers as well

And in Quebec, they must have a clear, accessible, active policy.

This policy must at minimum indicate:

• methods and techniques used to identify, control, and eliminate psychological harassment risks

• the process for handling harassment situations

• the names of the persons designated to receive and manage complaints or reports

• the measures protecting those involved

• how confidentiality is ensured

To learn more and go further in your prevention policy, consult:

CNESST — Psychological Harassment Prevention Policy : https://www.cnesst.gouv.qc.ca/fr/prevention-securite/milieu-travail-sain/harcelement-au-travail/politique-prevention-prise-en-charge-harcelement

Beyond legal obligations, protecting teams also means creating a climate where people can work with peace of mind 😊 

What to do if you are experiencing harassment?

1. Inform your employer or your union

The employer must intervene as soon as they are aware of a situation.If you don’t know who to contact, take a moment to review your organization’s psychological harassment prevention and response policy — everything you need should be there.

2. Talk to a specialized organization

If you need support, don’t hesitate to contact organizations such as GAIHST, Juripop, CALACS, or Info-Social 811.Most are free, confidential, and led by trained professionals.

3. You can also file a complaint with the CNESST

You have two years from the last event to file a complaint. The CNESST can analyse the situation, investigate if needed, and guide you through the process.(Note: This information applies to the provincial system in Québec. The federal system  in Canada works differently, an article will be dedicated to that separately.

And during an investigation, what must management do?

They must:

✅ protect people from retaliation

✅ remain impartial

✅ follow the established process

✅ offer support to both parties

✅ separate individuals if necessary

✅ provide each party with the information they are entitled to

It seems obvious… but in real life, it’s not always simple. That’s why a clear process helps everyone move forward safely.

THE KEY TAKEAWAY

When a complaint is filed, you must act quickly.

Letting a situation drag on — even for a few days — often creates a snowball effect: rumours, tension, misunderstandings… and a deteriorating climate for everyone.

A complaint always affects multiple people: the person filing it, the person accused, their colleagues… and sometimes even their families.

Hence the importance of workplaces where psychosocial risks are understood and managed before they escalate.

How does Perrier Consulting support organizations and simplify what often feels complicated?

A policy, even a very well written one, only has impact when it is understood, alive, and aligned with the daily reality of teams. Our role is to make everything simpler, clearer, and more grounded in practice.

Depending on your needs, we can support you through:

1. Diagnosing your current policies and practices to identify what works and what needs adjustment

2. Providing concrete recommendations aligned with your culture and operations

3. Supporting the drafting and updating of your policies for clarity, accessibility, and compliance

4. Delivering custom training so managers and employees know how to intervene safely

5. Conducting rigorous investigations, carried out in partnership with:

   → a certified investigator

   → an accredited lawyer

   
   

This approach reduces bias, strengthens credibility, and protects everyone.

Interested in discussing this?

Contact Camille directly through her appointment link. Here

Useful resources

(Because no one should go through this alone.)

·       Suicide-Action Montréal — www.suicideactionmontreal.org

·       Tel-Aide — www.telaide.org

·       Centre de prévention du suicide de Québec — www.cpsquebec.ca

·       La Maison sous les arbres — www.la-msla.com

·       Carrefour le Moutier — www.carrefourmoutier.org

·       Écoute entraide — www.ecoute-entraide.org

·       Multi-écoute — www.multiecoute.org

·       Centre d’écoute Halte Ami — halte-ami.ca

·       GAIHST — soutien en harcèlement sexuel au travail

·       Juripop — Accompagnement juridique gratuit

·       CALACS — rqcalacs.qc.ca

·       Info-Social 811 — soutien psychosocial immédiat, 24/7

Sources for further reading

·       Éducaloi : Harcèlement psychologique

·       CNESST : Politique de prévention

·       Assemblée nationale : Projet de loi 42