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Overview
You probably know many of the more obvious signs of mental and emotional abuse. But
when you’re in the midst of it, it can be easy to miss the persistent undercurrent of
abusive behavior.
Psychological abuse involves a person’s attempts to frighten, control, or isolate you. It’s
in the abuser’s words and actions, as well as their persistence in these behaviors.
The abuser could be your spouse or other romantic partner. They could be your business
partner, parent, or a caretaker.
No matter who it is, you don’t deserve it and it’s not your fault. Continue reading to learn
more, including how to recognize it and what you can do next.
These tactics are meant to undermine your self-esteem. The abuse is harsh and
unrelenting in matters big and small.
Name-calling. They’ll blatantly call you “stupid,” “a loser,” or words too awful to
repeat here.
Derogatory “pet names.” This is just more name-calling in not-so-subtle disguise.
“My little knuckle dragger” or “My chubby pumpkin” aren’t terms of endearment.
Character assassination. This usually involves the word “always.” You’re always
late, wrong, screwing up, disagreeable, and so on. Basically, they say you’re not a
good person.
Yelling. Yelling, screaming, and swearing are meant to intimidate and make you
feel small and inconsequential. It might be accompanied by fist-pounding or
throwing things.
Patronizing. “Aw, sweetie, I know you try, but this is just beyond your
understanding.”
Public embarrassment. They pick fights, expose your secrets, or make fun of your
shortcomings in public.
Dismissiveness. You tell them about something that’s important to you and they
say it’s nothing. Body language like eye-rolling, smirking, headshaking, and sighing
help convey the same message.
“Joking.” The jokes might have a grain of truth to them or be a complete
fabrication. Either way, they make you look foolish.
Sarcasm. Often just a dig in disguise. When you object, they claim to have been
teasing and tell you to stop taking everything so seriously.
Insults of your appearance. They tell you, just before you go out, that your hair is
ugly or your outfit is clownish.
Belittling your accomplishments. Your abuser might tell you that your
achievements mean nothing, or they may even claim responsibility for your
success.
Put-downs of your interests. They might tell you that your hobby is a childish waste
of time or you’re out of your league when you play sports. Really, it’s that they’d
rather you not participate in activities without them.
Pushing your buttons. Once your abuser knows about something that annoys you,
they’ll bring it up or do it every chance they get.
Control and shame
Trying to make you feel ashamed of your inadequacies is just another path to power.
Threats. Telling you they’ll take the kids and disappear, or saying “There’s no
telling what I might do.”
Monitoring your whereabouts. They want to know where you are all the time and
insist that you respond to calls or texts immediately. They might show up just to
see if you’re where you’re supposed to be.
Digital spying. They might check your internet history, emails, texts, and call log.
They might even demand your passwords.
Unilateral decision-making. They might close a joint bank account, cancel your
doctor’s appointment, or speak with your boss without asking.
Financial control. They might keep bank accounts in their name only and make you
ask for money. You might be expected to account for every penny you spend.
Lecturing. Belaboring your errors with long monologues makes it clear they think
you’re beneath them.
Direct orders. From “Get my dinner on the table now” to “Stop taking the pill,”
orders are expected to be followed despite your plans to the contrary.
Outbursts. You were told to cancel that outing with your friend or put the car in
the garage, but didn’t, so now you have to put up with a red-faced tirade about
how uncooperative you are.
Treating you like a child. They tell you what to wear, what and how much to eat, or
which friends you can see.
Feigned helplessness. They may say they don’t know how to do something.
Sometimes it’s easier to do it yourself than to explain it. They know this and take
advantage of it.
Unpredictability. They’ll explode with rage out of nowhere, suddenly shower you
with affection, or become dark and moody at the drop of a hat to keep you
walking on eggshells.
They walk out. In a social situation, stomping out of the room leaves you holding
the bag. At home, it’s a tool to keep the problem unresolved.
Using others. Abusers may tell you that “everybody” thinks you’re crazy or “they
all say” you’re wrong.
This behavior comes from an abuser’s insecurities. They want to create a hierarchy in
which they’re at the top and you’re at the bottom.
Abusers tend to place their own emotional needs ahead of yours. Many abusers will try
to come between you and people who are supportive of you to make you more
dependent on them.
Codependence
What to do
If you’re being mentally and emotionally abused, trust your instincts. Know that it isn’t
right and you don’t have to live this way.
If you fear immediate physical violence, call 911 or your local emergency services.
If you aren’t in immediate danger and you need to talk or find someplace to go, call
the National Domestic Abuse Hotline at 800-799-7233. This 24/7 hotline can put you in
touch with service providers and shelters across the United States.
Otherwise, your choices come down to the specifics of your situation. Here’s what you
can do:
Accept that the abuse isn’t your responsibility. Don’t try to reason with your
abuser. You may want to help, but it’s unlikely they’ll break this pattern of
behavior without professional counseling. That’s their responsibility.
Disengage and set personal boundaries. Decide that you won’t respond to abuse or
get sucked into arguments. Stick to it. Limit exposure to the abuser as much as you
can.
Exit the relationship or circumstance. If possible, cut all ties. Make it clear that it’s
over and don’t look back. You might also want to find a therapist who can show
you a healthy way to move forward.
Give yourself time to heal. Reach out to supportive friends and family members. If
you’re in school, talk to a teacher or guidance counselor. If you think it will
help, find a therapist who can help you in your recovery.
Leaving the relationship is more complex if you’re married, have children, or have
commingled assets. If that’s your situation, seek legal assistance. Here are a few other
resources:
Break the Cycle: Supporting young people between 12 and 24 to build healthy
relationships and create an abuse-free culture.
DomesticShelters.org: Educational information, hotline, and searchable database
of services in your area.
Love Is Respect (National Dating Abuse Hotline): Giving teens and young adults a
chance to chat online, call, or text with advocates.
https://www.healthline.com/health/signs-of-mental-abuse
https://www.healthline.com/health/signs-of-mental-abuse#humiliation-negating-and-
criticizing
https://www.healthline.com/health/signs-of-mental-abuse#control-and-shame
https://www.healthline.com/health/signs-of-mental-abuse#emotional-neglect-and-
isolation
https://www.healthline.com/health/signs-of-mental-abuse#codependence
https://www.healthline.com/health/signs-of-mental-abuse#what-to-do
What is emotional abuse?
Emotional abuse is a type of abuse that you can experience in an abusive relationship.
Although it doesn’t leave you with physical scars, it can have a huge impact on your
confidence and self-esteem. Emotional abuse comes in many forms, which might not be
obvious at first. If you feel that you may be in an emotionally abusive relationship, there
are a number of things you can do to get support.
Many unhealthy relationships involve aspects of emotional abuse. The aim of the
emotional abuser is to chip away at your feelings of self-worth and independence. In an
emotionally abusive relationship, you may feel that there is no way out or that without
your partner you’ll have nothing.
Emotional abuse can feel as destructive and damaging as physical abuse, and can
severely impact your mental health. It's common for physical abusers also to dish out
emotional abuse as a way of maintaining power and control over you.
Physical violence is often seen as being more serious than emotional abuse, but this
simply isn’t true. The scars of emotional abuse are real and long lasting. As well as having
a negative impact on your self-esteem and confidence, emotional abuse can leave you
feeling depressed, anxious and even suicidal.
If you’re experiencing emotional abuse, it’s important that you seek help. There are
a number of services you can contact if you need someone to talk to.
https://au.reachout.com/articles/what-is-emotional-abuse
Psychological abuse
Psychological abuse, often called emotional abuse, is a form of abuse, characterized by a
person subjecting or exposing another person to behavior that may result
in psychological trauma, including anxiety, chronic depression, or post-traumatic stress
disorder.[1][2][3] It is often associated with situations of power imbalance in abusive
relationships, and may include bullying, gaslighting, and abuse in the workplace.[2][3] It
also may be perpetrated by persons conducting torture, other violence, acute or
prolonged human rights abuse, particularly without legal redress such as detention
without trial, false accusations, false convictions and extreme defamation such as where
perpetrated by state and media.
Definitions[edit]
As of 1996, there was no consensus regarding the definition of emotional abuse.[3] In fact,
clinicians and researchers have offered sometimes divergent definitions of emotional
abuse. "Emotional abuse is any kind of abuse that is emotional rather than physical in
nature. It can include anything from verbal abuse and constant criticism to more subtle
tactics such as intimidation, manipulation, and refusal to ever be pleased. Emotional
abuse can take many forms. Three general patterns of abusive behavior include
aggressing, denying, and minimizing"; "Withholding is another form of denying.
Withholding includes refusing to listen, refusing to communicate, and emotionally
withdrawing as punishment."[4] Even though there is no established definition for
emotional abuse, emotional abuse can possess a definition beyond verbal and
psychological abuse.
Blaming, shaming, and name calling are a few verbally abusive behaviors which can affect
a victim emotionally. The victim's self-worth and emotional well being are altered and
even diminished by the verbal abuse, resulting in an emotionally-abused victim.[5]
The victim may experience severe psychological effects. This would involve the tactics of
brainwashing, which can fall under psychological abuse as well, but emotional abuse
consists of the manipulation of the victim's emotions. The victim may feel their emotions
are being affected by the abuser to such an extent that the victim may no longer
recognize their own feelings regarding the issues the abuser is trying to control. The
result is the victim's self-concept and independence are systematically taken away.[6]
The U.S. Department of Justice defines emotionally abusive traits as including causing
fear by: intimidation, threatening physical harm to self, partner, children, or partner's
family or friends, destruction of pets and property, forcing isolation from family, friends,
or school or work.[7] More subtle emotionally abusive behaviors include insults,
putdowns, arbitrary and unpredictable behavior, and gaslighting (e.g. the denial that
previous abusive incidents occurred). Modern technology has led to new forms of abuse,
by text messaging and online cyber-bullying.
In 1996, Health Canada argued that emotional abuse is "based on power and
control",[8] and defines emotional abuse as including rejecting, degrading, terrorizing,
isolating, corrupting/exploiting and "denying emotional responsiveness" as characteristic
of emotional abuse.
Several studies have argued that an isolated incident of verbal aggression, dominant
conduct or jealous behaviors does not constitute the term "psychological abuse." Rather,
it is defined by a pattern of such behaviors, unlike physical and sexual
maltreatment where only one incident is necessary to label it as abuse.[9] Tomison and
Tucci write, "emotional abuse is characterised by a climate or pattern of behavior(s)
occurring over time [...] Thus, 'sustained' and 'repetitive' are the crucial components of
any definition of emotional abuse."[10] Andrew Vachss, an author, attorney and
former sex crimes investigator, defines emotional abuse as "the systematic diminishment
of another. It may be intentional or subconscious (or both), but it is always a course of
conduct, not a single event."[11]
Prevalence
Intimate relationships[edit]
Main articles: Domestic violence and Intimate relationships
Domestic abuse—defined as chronic mistreatment in marriage, families, dating and other
intimate relationships—can include emotionally abusive behavior. Although psychological
abuse does not always lead to physical abuse, physical abuse in domestic relationships is
nearly always preceded and accompanied by psychological abuse.[2] Murphy and O'Leary
reported that psychological aggression is the most reliable predictor of later physical
aggression.[12]
A 2012 review by Capaldi et al., which evaluated risk factors for intimate partner violence
(IPV), noted that psychological abuse has been shown to be both associated with and
common in IPV. High levels of verbal aggression and relationship conflict, "practically akin
to psychological aggression", strongly predicted IPV; male jealousy in particular was
associated with female injuries from IPV.[13]
A 2005 study by Hamel reports that, "men and women physically and emotionally abuse
each other at equal rates."[14] Basile found that psychological aggression was effectively
bidirectional in cases where heterosexual and homosexual couples went to court for
domestic disturbances.[15] A 2007 study of Spanish college students aged 18–27 found
that psychological aggression (as measured by the Conflict Tactics Scale) is so pervasive in
dating relationships that it can be regarded as a normalized element of dating, and that
women are substantially more likely to exhibit psychological aggression.[16] Similar
findings have been reported in other studies.[17] Strauss et al. found that female intimate
partners in heterosexual relationships were more likely than males to use psychological
aggression, including threats to hit or throw an object.[18] A study of young adults by
Giordano et al. found that females in intimate heterosexual relationships were more
likely than males to threaten to use a knife or gun against their partner.[19]
Numerous studies done between the 1980 and 1994 report that lesbian relationships
have higher overall rates of interpersonal aggression (including psychological
aggression/emotional abuse) than heterosexual or gay male
relationships.[1][20][21][22][23][24] Furthermore, women who have been involved with both
men and women reported higher rates of abuse from their female partners.[25]
In 1996, the National Clearinghouse on Family Violence,[8] for Health Canada, reported
that 39% of married women or common-law wives suffered emotional abuse by
husbands/partners; and a 1995 survey of women 15 and over 36–43% reported
emotional abuse during childhood or adolescence, and 39% experienced emotional
abuse in marriage/dating; this report does not address boys or men suffering emotional
abuse from families or intimate partners. A BBC radio documentary on domestic abuse,
including emotional maltreatment, reports that 20% of men and 30% of women have
been abused by a spouse or other intimate partner.[26]
Family[edit]
See also: Child abuse
Emotional abuse of a child is commonly defined as a pattern of behavior by parents or
caregivers that can seriously interfere with a child’s cognitive, emotional, psychological,
or social development.[9] Some parents may emotionally and psychologically harm their
children because of stress, poor parenting skills, social isolation, and lack of available
resources or inappropriate expectations of their children. They may emotionally abuse
their children because the parents or caregivers were emotionally abused during their
own childhood. Straus and Field report that psychological aggression is a pervasive trait
of American families: "verbal attacks on children, like physical attacks, are so prevalent as
to be just about universal."[27] A 2008 study by English, et al. found that fathers and
mothers were equally likely to be verbally aggressive towards their children.[28]
Choi and Mayer performed a study on elder abuse (causing harm or distress to an older
person), with results showing that 10.5% of the participants were victims of
"emotional/psychological abuse," which was most often perpetrated by a son or other
relative of the victim.[29] Of 1288 cases in 2002–2004, 1201 individuals, 42 couples, and
45 groups were found to have been abused. Of these, 70 percent were female.
Psychological abuse (59%) and material/financial (42%) were the most frequently
identified types of abuse.[30]
Workplace[edit]
Main article: Workplace bullying
Rates of reported emotional abuse in the workplace vary, with studies showing 10%,
24%, and 36% of respondents indicating persistent and substantial emotional abuse from
coworkers.[31][32][33]
Keashly and Jagatic found that males and females commit "emotionally abusive
behaviors" in the workplace at roughly similar rates.[34] In a web-based survey, Namie
found that women were more likely to engage in workplace bullying, such as name
calling, and that the average length of abuse was 16.5 months.[35]
Pai and Lee found that the incidence of workplace violence typically occurs more often in
younger workers.[36] "Younger age may be a reflection of lack of job experience, resulting
in [an inability] to identify or prevent potentially abusive situations... Another finding
showed that lower education is a risk factor for violence."[36] This study also reports that
51.4% of the workers surveyed have already experienced verbal abuse, and 29.8% of
them have encountered workplace bullying and mobbing.[36]
Characteristics of abusers
In their review of data from the Dunedin Multidisciplinary Health and Development
Study (a longitudinal birth cohort study) Moffitt et al.[37] report that while men exhibit
more aggression overall, sex is not a reliable predictor of interpersonal aggression,
including psychological aggression. The study found that no matter what gender a person
is, aggressive people share a cluster of traits, including high rates of suspicion and
jealousy; sudden and drastic mood swings; poor self-control; and higher than average
rates of approval of violence and aggression. Moffitt et al. also argue that antisocial men
exhibit two distinct types of interpersonal aggression (one against strangers, the other
against intimate female partners), while antisocial women are rarely aggressive against
anyone other than intimate male partners.
Male and female perpetrators of emotional and physical abuse exhibit high rates
of personality disorders, particularly borderline personality disorder, narcissistic
personality disorder, and antisocial personality disorder.[38][39][40] Rates of personality
disorder in the general population are roughly 15–20%, while roughly 80% of abusive
men in court-ordered treatment programmes have personality disorders.[1] Many of
these disorders are not reversible but can be managed with treatment. Often the abuser
does not see fault in their actions and treatment is never sought out.
Abusers may aim to avoid household chores or exercise total control of family finances.
Abusers can be very manipulative, often recruiting friends, law officers and court officials,
and even the victim's family to their side, while shifting blame to the victim.[41][42]
Effects
In intimate relationships[edit]
Most victims of psychological abuse within intimate relationships often experience
changes to their psyche and actions. This varies throughout the various types and lengths
of emotional abuse. Long-term emotional abuse has long term debilitating effects on a
person's sense of self and integrity.[43] Often, research shows that emotional abuse is a
precursor to physical abuse when three particular forms of emotional abuse are present
in the relationship: threats, restriction of the abused party and damage to the victim's
property.[44]
Psychological abuse is often not recognized by survivors of domestic violence as abuse. A
study of college students by Goldsmith and Freyd report that many who have
experienced emotional abuse do not characterize the mistreatment as
abusive.[45] Additionally, Goldsmith and Freyd show that these people also tend to exhibit
higher than average rates of alexithymia (difficulty identifying and processing their own
emotions). This is often the case when referring to victims of abuse within intimate
relationships, as non-recognition of the actions as abuse may be a coping or defense
mechanism in order to either seek to master, minimize or
tolerate stress or conflict.[46][47][48]
Marital or relationship dissatisfaction can be caused by psychological abuse or
aggression. In a 2007 study, Laurent et al. report that psychological aggression in young
couples is associated with decreased satisfaction for both partners: "psychological
aggression may serve as an impediment to couples' development because it reflects less
mature coercive tactics and an inability to balance self/other needs effectively."[49] In a
2008 study on relationship dissatisfaction in adolescents Walsh and Shulman explain,
"The more psychologically aggressive females were, the less satisfied were both partners.
The unique importance of males' behavior was found in the form of withdrawal, a less
mature conflict negotiation strategy. Males' withdrawal during joint discussions predicted
increased satisfaction."[17]
There are many different responses to psychological abuse. Jacobson et al. found that
women report markedly higher rates of fear during marital conflicts.[50] However, a
rejoinder argued that Jacobson's results were invalid due to men and women's drastically
differing interpretations of questionnaires.[51] Coker et al. found that the effects of
mental abuse were similar whether the victim was male or female.[52] A 1998 study of
male college students by Simonelli & Ingram found that men who were emotionally
abused by their female partners exhibited higher rates of chronic depression than the
general population.[53] Pimlott-Kubiak and Cortina found that severity and duration of
abuse were the only accurate predictors of after effects of abuse; sex of perpetrator or
victim were not reliable predictors.[54]
In the family[edit]
English et al. report that children whose families are characterized by interpersonal
violence, including psychological aggression and verbal aggression, may exhibit a range of
serious disorders, including chronic depression, anxiety, post-traumatic stress disorder,
dissociation and anger.[28] Additionally, English et al. report that the impact of emotional
abuse "did not differ significantly" from that of physical abuse. Johnson et al. report that,
in a survey of female patients, 24% suffered emotional abuse, and that this group
experienced higher rates of gynecological problems.[55] In their study of men emotionally
abused by a wife/partner or parent, Hines and Malley-Morrison report that victims
exhibit high rates of post-traumatic stress disorder and drug addiction,
including alcoholism.[56]
Glaser reports, "An infant who is severely deprived of basic emotional nurturance, even
though physically well cared for, can fail to thrive and can eventually die. Babies with less
severe emotional deprivation can grow into anxious and insecure children who are slow
to develop and who have low self-esteem."[57] Glaser also informs that the abuse impacts
the child in a number of ways, especially on their behavior, including: "insecurity, poor
self-esteem, destructive behavior, angry acts (such as fire setting and animal cruelty),
withdrawal, poor development of basic skills, alcohol or drug abuse, suicide, difficulty
forming relationships and unstable job histories."
Oberlander et al. performed a study which discovered that among the youth, those with
a history of maltreatment showed that emotional distress is a predictor of early initiation
of sexual intercourse.[58] Oberlander et al. state, "A childhood history of maltreatment,
including...psychological abuse, and neglect, has been identified as a risk factor for early
initiation of sexual intercourse ... In families where child maltreatment had occurred,
children were more likely to experience heightened emotional distress and subsequently
to engage in sexual intercourse by age 14. It is possible that maltreated youth feel
disconnected from families that did not protect them and subsequently seek sexual
relationships to gain support, seek companionship, or enhance their standing with
peers." It is apparent that psychological abuse sustained during childhood is a predictor
of the onset of sexual conduct occurring earlier in life, as opposed to later.
In the workplace[edit]
Some studies tend to focus on psychological abuse within the workplace. Namie's study
of workplace emotional abuse found that 31% of women and 21% of men who reported
workplace emotional abuse exhibited three key symptoms of post-traumatic stress
disorder (hypervigilance, intrusive imagery, and avoidance behaviors).[35] The most
common psychological, professional, financial, and social effects of sexual harassment
and retaliation are as follows:
Prevention[edit]
In intimate relationships[edit]
Recognition of abuse is the first step to prevention. It is often difficult for abuse victims to
acknowledge their situation and to seek help. For those who do seek help, research has
shown that people who participate in Intimate Partner Violence Prevention Program
report less psychological aggression toward their targets of psychological abuse, and
reported victimization from psychological abuse decreased over time for the treatment
group.[63]
There are non-profit organizations which provide support and prevention services, such
as the Domestic Abuse Helpline for Men & Women (in the USA), operated by staff and
trained volunteers to offer information and crisis intervention to victims of domestic
violence.[64]
In the family[edit]
Child abuse in the sole form of emotional/psychological maltreatment is often the most
difficult to identify and prevent, as Child Protective Services is often the only method of
intervention, and the institute "must have demonstrable evidence that harm to a child
has been done before they can intervene. And, since emotional abuse doesn’t result in
physical evidence such as bruising or malnutrition, it can be very hard to
diagnose."[65] Some researchers have, however, begun to develop methods to diagnose
and treat such abuse, including the ability to: identify risk factors, provide resources to
victims and their families, and ask appropriate questions to help identify the abuse.[65][66]
In the workplace[edit]
The majority of companies within the United States provide access to a human
resources department, in which to report cases of psychological/emotional abuse. Also,
many managers are required to participate in conflict management programs, in order to
ensure the workplace maintains an "open and respectful atmosphere, with tolerance for
diversity and where the existence of interpersonal frustration and friction is accepted but
also properly managed."[67] Organizations must adopt zero-tolerance policies for
professional verbal abuse. Education and coaching are needed to help employees to
improve their skills when responding to professional-to-professional verbal abuse.[68]
Popular perceptions[edit]
Several studies found double standards in how people tend to view emotional abuse by
men versus emotional abuse by women. Follingstad et al. found that, when rating
hypothetical vignettes of psychological abuse in marriages, professional psychologists
tend to rate male abuse of females as more serious than identical scenarios describing
female abuse of males: "the stereotypical association between physical aggression and
males appears to extend to an association of psychological abuse and
males".[69]:446 Similarly, Sorenson and Taylor randomly surveyed a group of Los Angeles,
California residents for their opinions of hypothetical vignettes of abuse in heterosexual
relationships.[70] Their study found that abuse committed by women, including emotional
and psychological abuse such as controlling or humiliating behavior, was typically viewed
as less serious or detrimental than identical abuse committed by men. Additionally,
Sorenson and Taylor found that respondents had a broader range of opinions about
female perpetrators, representing a lack of clearly defined mores when compared to
responses about male perpetrators.
When considering the emotional state of psychological abusers, psychologists have
focused on aggression as a contributing factor. While it is typical for people to consider
males to be the more aggressive of the two sexes, researchers have studied female
aggression to help understand psychological abuse patterns in situations involving female
abusers. According to Walsh and Shluman, "The higher rates of female initiated
aggression [including psychological aggression] may result, in part, from adolescents'
attitudes about the unacceptability of male aggression and the relatively less negative
attitudes toward female aggression".[17] This concept that females are raised with fewer
restrictions on aggressive behaviors (possibly due to the anxiety over aggression being
focused on males) is a possible explanation for women who utilize aggression when being
mentally abusive.
Some researchers have become interested in discovering exactly why women are usually
not considered to be abusive. Hamel's 2007 study found that a
"prevailing patriarchal conception of intimate partner violence" led to a systematic
reluctance to study women who psychologically and physically abuse their male
partners.[71] These findings state that existing cultural norms show males as more
dominant and are therefore more likely to begin abusing their significant partners.
Dutton found that men who are emotionally or physically abused often encounter victim
blaming that erroneously presumes the man either provoked or deserved the
mistreatment by their female partners.[51] Similarly, domestic violence victims will often
blame their own behavior, rather than the violent actions of the abuser. Victims may try
continually to alter their behavior and circumstances in order to please their
abuser.[72][73] Often, this results in further dependence of the individual on their abuser,
as they may often change certain aspects of their lives that limit their resources. Studies
show that emotional abusers frequently aim to exercise total control of different aspects
of family life. This behavior is only supported when the victim of the abuse aims to please
their abuser.[41]
Many abusers are able to control their victims in a manipulative manner, utilizing
methods to persuade others to conform to the wishes of the abuser, rather than to force
them to do something they do not wish to do. Simon argues that because aggression in
abusive relationships can be carried out subtly and covertly through
various manipulation and control tactics, victims often don't perceive the true nature of
the relationship until conditions worsen considerably.[74][75]
Cultural causes[edit]
Some scholars state that wife abuse stems from "normal psychological and behavioral
patterns of most men ... feminists seek to understand why men, in general, use physical
force against their partners and what functions this serves for a society in a given
historical context".[76] Similarly, Dobash and Dobash claim that "Men who assault their
wives are actually living up to cultural prescriptions that are cherished in Western
society--aggressiveness, male dominance and female subordination--and they are using
physical force as a means to enforce that dominance," while Walker claims that men
exhibit a "socialized androcentric need for power".[77][78]
While some women are aggressive and dominating to male partners, some studies show
that the majority of abuse in heterosexual partnerships, at about 80% in the USA, is
perpetrated by men.[79] (Note that critics stress that this Department of Justice study
examines crime figures, and does not specifically address domestic
abuse figures.[80] While the categories of crime and domestic abuse may cross-over, many
instances of domestic abuse are either not regarded as crimes[citation needed] or reported to
police—critics[who?] thus argue that it is inaccurate to regard the DOJ study as a
comprehensive statement on domestic abuse.) A 2002 study reports that ten percent of
violence in the UK, overall, is by females against males.[81] However, more recent data
specifically regarding domestic abuse (including emotional abuse) report that 3 in 10
women, and 1 in 5 men, have experienced domestic abuse.[26]
Commentators argue that legal systems have in the past endorsed these traditions of
male domination, and it is only in recent years that abusers have begun to be punished
for their behavior.[41] Conversely, in 1879, a Harvard University law scholar wrote, "The
cases in the American courts are uniform against the right of the husband to use
any chastisement, moderate or otherwise, toward the wife, for any purpose." [82]
While recognizing that researchers have done valuable work and highlighted neglected
topics[83] critics suggest that the male cultural domination hypothesis for abuse is
untenable as a generalized explanation for numerous reasons:
Many variables (racial, ethnic, cultural and subcultural, nationality, religion, family
dynamics, mental illness, etc.) make it very difficult or impossible to define male and
female roles in any meaningful way that apply to the entire population.[84]
Studies show that disagreements about power-sharing in relationships are more
strongly associated with abuse than are imbalances of power.[85]
Peer-reviewed studies have produced inconsistent results when directly examining
patriarchal beliefs and wife abuse. Yllo and Straus argued that "low status" women in
the United States suffered higher rates of spousal abuse;[86] however, a rejoinder
argued that Yllo and Straus's interpretive conclusions were "confusing and
contradictory".[1] Smith estimated that patriarchal beliefs were a causative factor for
only 20% of wife abuse.[87] Campbell writes that "there is not a simple linear
correlation between female status and rates of wife assault."[88]:19 Other studies had
similar findings.[89][90] Additionally, a study of Hispanic Americans revealed that
traditionalist men exhibited lower rates of abuse towards women.[91]
Studies show that treatment programs based on the patriarchal privilege model are
flawed due to a weak connection between abusiveness and one's cultural or social
attitudes.[92][93][94]
Numerous empirical studies challenge the concept that male abuse or control of
women is culturally sanctioned. Such studies show that abusive men are widely
viewed as unsuitable partners for dating or marriage.[95] A minority of abusive men
qualify as pervasively misogynistic.[96] The majority of men who commit spousal abuse
agree that their behavior was inappropriate.[97] A minority of men approve of spousal
abuse under even limited circumstances.[98] Furthermore, the majority of men are
non-abusive towards girlfriends or wives for the duration of relationships, contrary to
predictions that aggression or abuse towards women is an innate element of
masculine culture.[99][100][101][102]
Dutton argues that the numerous studies establishing that heterosexual and gay male
relationships have lower rates of abuse than lesbian relationships, and the fact that
women who've been involved with both men and women were more likely to have
been abused by a woman "are difficult to explain in terms of male
domination."[1] Additionally, Dutton suggests that "patriarchy must interact with
psychological variables in order to account for the great variation in power-violence
data. It is suggested that some forms of psychopathology lead to some men adopting
patriarchal ideology to justify and rationalize their own pathology."
Some argue[who?] that fundamentalist views of religions tend to reinforce emotional
abuse. Mobaraki states, "Gender inequity is usually translated into a power imbalance
with women being more vulnerable. This vulnerability is more precarious in traditional
patriarchal societies."[103]
In the Book of Genesis God specifically punishes women after Adam and Eve disobey
Him: "in sorrow thou shalt bring forth children: and thy desire shall be to thy husband,
and he shall rule over thee"; God also condemns Adam to a lifetime of work, for the sin of
listening to his wife.[104]. This is but one of many examples of male superiority in the Bible;
nonetheless, women were important early supporters of Christianity because of Jesus's
message of equality. [105]
Studies suggest that fundamentalist religious prohibitions against divorce may make it
more difficult for religious men or women to leave an abusive marriage. A 1985 survey of
Protestant clergy in the United States by Jim M Alsdurf found that 21% of them agreed
that "no amount of abuse would justify a woman's leaving her husband, ever," and 26%
agreed with the statement that "a wife should submit to her husband and trust that God
would honor her action by either stopping the abuse or giving her the strength to endure
it."[106] A 2016 report by the Muslim Women's Network UK cited several barriers for
Muslim women in abusive marriages who seek divorce through Sharia Council services.
These barriers include: selectively quoting religious text to discourage divorce; blaming
the woman for the failed marriage; placing greater weight on the husband's testimony;
requiring the woman to present two male witnesses; and pressuring women into
mediation or reconciliation rather than granting a divorce, even when domestic violence
is present.[107]
https://en.wikipedia.org/wiki/Psychological_abuse
References[edit]
Most people know what physical abuse is, but when it comes to emotional abuse, people
tend to think there’s much more of a ‘grey area’.
They might know it has something to do with treating your partner badly – name calling
or making them feel small – but not be clear on what’s actually classed as emotional
abuse, or whether it’s really as serious as other types.
But if you’re on the receiving end, it can be just as damaging and upsetting – and this is
reflected in the law. The Serious Crime Act 2015 makes behaviour that is ‘controlling or
coercive” towards another person in an intimate or family relationship’ punishable by a
prison term of up to five years.
There are a variety of types of behaviour that could be classed as emotional abuse. These
include:
Intimidation and threats. This could be things like shouting, acting aggressively or just
generally making you feel scared. This is often done as a way of making a person feel
small and stopping them from standing up for themselves.
Criticism. This could be things like namecalling or making lots of unpleasant or sarcastic
comments. This can really lower a person’s self-esteem and self-confidence.
Undermining. This might include things like dismissing your opinion. It can also involve
making you doubt your own opinion by acting as if you're being oversensitive if you do
complain, disputing your version of events or by suddenly being really nice to you after
being cruel.
Being made to feel guilty. This can range from outright emotional blackmail (threats to kill
oneself or lots of emotional outbursts) to sulking all the time or giving you the silent
treatment as a way of manipulating you.
Economic abuse. This can be withholding money, not involving you in finances or even
preventing you from getting a job. This could be done as a way of stopping you from
feeling independent and that you’re able to make your own choices.
Telling you what you can and can’t do. As the examples above make clear, emotional
abuse is generally about control. Sometimes this is explicit. Does your partner tell you
when and where you can go out, or even stop you from seeing certain people? Do they
try to control how you dress or how you style your hair?
Sometimes, people wonder whether ‘abuse’ is the right term to describe any relationship
difficulties they’re going through. They may feel like their partner shouts at them a lot or
makes them feel bad, but think ‘abuse’ would be too ‘dramatic’ a word to use.
But the point about whether the behaviour is abusive, is how it makes you feel. If your
partner’s behaviour makes you feel small, controlled or as if you’re unable to talk about
what’s wrong, it’s abusive. If you feel like your partner is stopping you from being able to
express yourself, it’s abusive. If you feel you have to change your actions to
accommodate your partner’s behaviour, it’s abusive.
There may be many reasons for partners behaving in this way. They may have grown up
in a family environment where there was lots of shouting or sarcasm or been in
relationships in the past that made them feel insecure. Sometimes in couple counselling,
we are able to consider those behaviours and the impact on your relationship. But while
this might help us to understand, it can never be used as an excuse – so whether it’s on
purpose or not, it isn’t OK. If you feel like you’re being subjected to abusive behaviour,
remember you deserve to have a voice, and you don’t deserve to be made to feel scared
or small.
What now?
One of the most helpful first steps if you feel you’re in an abusive relationship is to speak
to someone outside of it.
If you can talk to someone who isn’t involved, they might be able to lend you a little
perspective. This can be particularly useful if you’re not sure where you stand –
sometimes, behaviour we’ve become used to can seem quite clearly unreasonable to an
objective outsider.
You may want to come along by yourself at first, especially if you don’t think your partner
would react well to the suggestion. We can then help you figure out what’s happening –
and whether inviting your partner along so you can work on things together would be a
good idea. The Message a Counsellor service allows you to exchange messages with a
counsellor online – that could be a good place to start.
Women’s Aid, which has a 24-hour helpline (0808 2000 247). They can talk you through
any issues and help you figure out what you’d like to do next. They also have an email
service.
Live Fear Free, advice on domestic abuse, sexual violence and violence against women
(Wales), 0808 8010 800.
The Men’s Advice Line (0808 801 0327) provides the same service for men.
https://www.relate.org.uk/relationship-help/help-relationships/arguing-and-
conflict/what-emotional-abuse
EPFL Compliance Guide – The Compliance Guide sets out the main rules, practices
and values governing EPFL. It serves as a reference for all members of the EPFL
community, enabling them to carry out their work with confidence, fully aware of
our school’s guiding principles, how to apply them and who to contact with
questions.
Mobbing et autres formes de harcèlement – Protection de l’intégrité personnelle
au travail, Brochure (in French), State Secretariat for Economic Affairs (SECO),
2016.
Sexual harassment in the workplace – A guide for employees, State Secretariat for
Economic Affairs (SECO) and Federal Office for Gender Equality (FOGE), 2008.
Rien de plus payant qu’une bonne ambiance au travail!, Brochure (in French),
State Secretariat for Economic Affairs (SECO) and Federal Office for Gender
Equality (FOGE), 2016.
Further information
https://www.epfl.ch/about/respect/harassment-situations/what-is-
harassment/psychological-harassment-or-mobbing-a-definition/
A single serious incidence of such behaviour may constitute harassment if it has the same
consequences and if it produces a lasting harmful effect on the employee.
The definition of psychological harassment found in the Act respecting labour
standards includes sexual harassment at work and discriminatory harassment based on
any one of the grounds listed in section 10 of the Charter of Human Rights and
Freedoms: race, colour, sex, pregnancy, sexual orientation, civil status, age except as
provided by law, religion, political convictions, language, ethnic or national origin, social
condition, handicap or the use of a means to palliate this handicap.
CRITERIA
VEXATIOUS BEHAVIOUR
This behaviour is humiliating, offensive or abusive for the person on the receiving end. It
injures the person’s self-esteem and causes him anguish. It exceeds what a reasonable
person considers appropriate within the context of his work.
REPETITIVE IN NATURE
Considered on its own, a verbal comment, a gesture or a behaviour may seem innocent.
It is the accumulation or all of these behaviours which may become harassment.
However a serious isolated act could be considered harassment.
Psychological or sexual harassment has a negative effect on the person. The victim may
feel put down, belittled, denigrated both at the personal and professional levels. The
physical health of the harassed person may also suffer.
Psychological or sexual harassment makes the work environment harmful for the victim.
The harassed person may, for example, be isolated from his colleagues due to the hostile
verbal comments, gestures or behaviours towards him or concerning him.
EMPLOYER'S OBLIGATIONS
The employer is required to provide his employees with an environment that is free from
psychological or sexual harassment. However, this is an obligation of means and not of
results. In other words, the employer cannot guarantee that there will never be any
psychological or sexual harassment in his enterprise, but he must:
prevent any harassment situation through reasonable measures
put a stop to harassment when the situation is brought to his attention
The employer must adopt and make accessible to his employees a policy on prevention
of psychological and sexual harassment and handling of complaints, which includes a
component concerning behaviours in the form of verbal comments, actions or gestures
of a sexual nature.
To learn more about what this policy should contain, tools are available to you :
When a psychological harassment situation arises in a workplace, the CNESST invites the
employee to resort, wherever possible, to the resource persons designated by his
employer and to the mechanisms put in place in his organization.
The person at any time may exercise the recourse provided under the Act respecting
labour standards. The designated location for filing a psychological or sexual harassment
complaint varies depending on whether the employee comes from the public or private
sector, whether the employee is unionized or not unionized.
If the employee files a complaint with the CNESST, it may, with the employee’s consent,
send the complaint to the Commission des droits de la personne et des droits de la
jeunesse.
Top of page
TIME PERIOD
Since June 12, 2018, the recourse in the case of psychological or sexual harassment at
work must be exercised within a period of 2 years after the last incidence of
psychological or sexual harassment.
https://www.cnt.gouv.qc.ca/en/in-case-of/psychological-or-sexual-
harassment/index.html#haut-page
Harassed at Work: Can You Sue for Emotional Abuse?
February 8th, 2018
When you are harassed at work, it can make you dread every shift and put your physical
and mental health at risk. But can you do anything to stop it? Can you sue for emotional
abuse if harassed at work?
In this post, I will review the laws that protect employees from workplace harassment
and emotional abuse. I will summarize the damages available for stress, mental health
treatment, and other emotional distress, and how an employment discrimination
attorney can help you be compensated for your emotional pain and suffering.
Emotional Abuse Can Cause Serious Health Concerns
Emotional abuse at work is always about power. The conscious, repeated effort to wound
an employee with words is designed to undermine those employees' accomplishments
and rob them of their self-confidence. Workplace harassment can include:
Misplaced blame for errors
Sabotage of work done
Unreasonable work demands
Stealing credit for work done
Discounting accomplishments
Intimidation
Insults and put-downs
Humiliation
Threats to a person's job, seniority, or assignments
Workplace bullying and other forms of emotional abuse aren't just about hurt feelings.
Psychological harassment can seriously harm an employee's well-being and productivity.
Over time, emotional distress caused by a hostile work environment can result in anxiety,
depression, stress, and even trauma responses like Post Traumatic Stress Disorder
(PTSD). It can cause reduced productivity, increased absenteeism, and even require
leaves of absence as the victim addresses the mental-health consequences of the abusive
treatment.
The effects of emotional abuse can't be easily undone. They often require ongoing
mental health treatment, therapy, and sometimes even require medication. When
emotional abuse rises to the level of psychological trauma, the effects can even be
permanent. Stress and trauma can also cause physical illnesses including ulcers, digestive
issues, and sleep disorders.
There is no general law against workplace bullying or other forms of harassment at work.
But state and federal laws do protect against a hostile work environment based on a
number of protected traits:
Even when your emotional distress isn't caused by racial tension or unwanted sexual
advances, you may still have the ability to sue for emotional abuse. Many employer have
anti-bullying policies against workplace harassment. When a superior refuses to enforce
those policies it can create a breach of contract action against the company. However,
the claims and damages available in these cases depend on the language in each
individual contract or policy. So it is important to meet with an experienced employment
lawyer to review your options.
If you and your employment discrimination attorneys determine you have a valid
emotional abuse lawsuit, you may be able to recover a variety of damages and other
remedies. On the one hand, you will be entitled to back pay and front pay for any time
you were unable to work as a result of the abuse. This can cover leaves of absence under
FMLA or short-term disability, as well as constructive firing if you had no choice but to
leave your job.
You should also keep a record of all actual costs connected to the abuse and any related
job loss. You may be able to receive compensation for anything from hospital bills and
therapy costs to travel for interviews in replacement jobs or training needed to shift
employment.
Depending on the nature of your workplace harassment claim, and the laws in your state,
you may also be entitled to compensatory and punitive damages based on your
emotional distress, pain and suffering, harm to reputation, and other non-economic
injuries. Often these damages must be objectively demonstrated. You and your lawyer
should be prepared to use medical records and even expert witnesses to present your
claims.
Finally, if you want to keep your job, you may be entitled to injunctive relief. This is where
a judge orders your employer to change its ways. An injunction could require a company
to create or enforce anti-harassment policies, change hiring, job assignment, and firing
practices, or put managers, supervisors, and employees through training. A judge could
even require a business to fire the one responsible for the harassment.
There are many options for remedies available in an emotional abuse lawsuit. At
Eisenberg & Baum, LLP, our employment discrimination attorneys will review your case,
determine which laws apply to your circumstance, and help you understand your rights.
We will discuss your options and create a plan, so you know what to expect. Contact
Eisenberg & Baum, LLP, today to talk to an employment discrimination attorney.
Categories: Employment Discrimination Blog
Tags: Gender Discrimination, Racial Discrimination, Sexual Harassment
https://www.eandblaw.com/employment-discrimination-blog/2018/02/08/sue-
emotional-abuse-harassed-work/
https://www.unil.ch/egalite/en/home/menuinst/activites-et-soutien/contre-le-
harcelement-sexuel/et-le-harcelement-psychologique.html
VISIT PARLIAMENT
FRANÇAIS
SENATE
HOUSE OF COMMONS
Bill C-348
If you have any questions or comments regarding the accessibility of this publication,
please contact us at accessible@parl.gc.ca.
First Reading
LEGISinfo
BILL C-348
An Act to prevent psychological harassment in the workplace and to make consequential
amendments to another Act
Whereas the Canadian Human Rights Act prohibits discrimination on the grounds of
race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status,
family status, disability or conviction for which a pardon has been granted;
Whereas, in addition to providing this protection, the Government of Canada affirms
that, in every workplace under its authority, every employee is entitled to employment
free of psychological harassment;
Whereas the Government of Canada, being an employer concerned about the well-
being of its employees, has a duty to take concrete action to prevent any form of
psychological harassment in the workplace;
Whereas every case of psychological harassment in the workplace must be disclosed,
investigated and dealt with through remedial or disciplinary action, including termination
of employment;
And whereas a person subjected to psychological harassment must have the right to
exercise recourse and obtain redress, and a person who discloses such harassment must
be protected against any threat or retaliation;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House
of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Workplace Psychological Harassment Prevention Act.
INTERPRETATION
Definitions
2. The following definitions apply in this Act.
“Commissioner”
« commissaire »
“Commissioner” means the commissioner of the Public Service Commission designated
as the Commissioner for the Prevention of Psycholog- ical Harassment in the Workplace
under section 5.
“Committee”
« comité »
“Committee” means the Psychological Harassment Complaints Committee established by
section 8.
“disciplinary action”
« mesure disciplinaire »
“disciplinary action” means any negative or punitive action in respect of an employee or
the employee’s conditions of employment, and includes
(a) a financial penalty; and
(b) suspension or termination of employ- ment.
“employee”
« fonctionnaire »
“employee” has the same meaning as in section 2 of the Public Service Employment Act.
“law in force in Canada”
« loi en vigueur au Canada »
“law in force in Canada” means any Act of Parliament or of the legislature of a province
and any regulations made under such an Act.
“psychological harassment”
« harcèlement psychologique »
“psychological harassment” means
(a) any vexatious behaviour in the form of hostile, inappropriate and unwanted conduct,
verbal comments, actions or gestures that affects an employee’s dignity or psychological
or physical integrity and that results in a harmful workplace for the employee, and
(b) any abuse of authority, including intimidation, threats, blackmail or coercion, that
occurs when a person improperly uses the power or authority inherent in the person’s
position to endanger an employee’s job, undermine the employee’s job performance,
threaten the economic livelihood of the employee or interfere in any other way with the
career of the employee,
and, for greater certainty, a single incident of such behaviour or abuse of authority that
has a lasting and harmful effect on an employee also constitutes psychological harassment.
“public service”
« fonction publique »
“public service” means those portions of the federal public administration subject to
the Public Service Labour Relations Act.
RIGHTS AND RESPONSIBILITIES
Right of employee
3. (1) Every employee is entitled to employment free of psychological harassment.
Responsibility of employee
(2) Before filing a complaint with the Commissioner, an employee who is subjected to
psychological harassment must ensure that the person responsible for the harassment is
notified orally or in writing by the employee or by another person acting on behalf of the
employee that the harassment is taking place and that the person responsible must put
an end to it.
Responsibility of employer
(3) The employer must ensure that no employee is subjected to psychological
harassment and for that purpose must, after consulting the employees or the employees’
representatives, establish and distribute a policy on psychological harassment that
includes
(a) a definition of psychological harassment that is substantially the same as the
definition in the Canada Labour Code;
(b) a statement to the effect that every employee is entitled to employment free of
psychological harassment;
(c) a statement to the effect that the employer will make every reasonable effort to
ensure that no employee is subjected to psychological harassment;
(d) a statement setting out the disciplinary action that will be taken against any employee
who subjects any other employee to psychological harassment;
(e) a statement explaining how complaints of psychological harassment are to be brought
to the attention of the employer;
(f) a statement to the effect that the complain- ant’s identity and the circumstances of
the complaint will not be disclosed unless the disclosure is necessary for the purpose of
investigating the complaint or taking disciplinary action in relation to the complaint; and
(g) information on the employees’ right to file a complaint under the Canadian Human
Rights Act.
Due diligence
(4) Within five days after the behaviour referred to in subsection (2) is brought to the
employer’s attention, the employer must take action to put an end to it and must, at the
request of the employee who is subjected to the psychological harassment, grant the
employee leave with pay until the complaint filed under section 10 is dealt with.
Supervisor personally liable
(5) Any supervisor or manager — and any other person — who, having authority over
an employee, contravenes section 20 is personally liable for any damages that may be
awarded to the employee as a result of a civil action or an administrative proceeding.
Offence and punishment
(6) Any supervisor or manager — and any other person — who, having authority over
an employee, contravenes section 20 is liable to criminal prosecution and to a fine not
exceeding $10,000, as well as to disciplinary action, including termination of
employment.
Presumption
(7) The provisions of subsections (1) to (6), 10(2), 16(2) and 17(3) and (4), with any
necessary modifications, are deemed to be an integral part of every collective
agreement, and an employee bound by such an agreement must exercise the recourses
provided for in the agreement insofar as any such recourse is available to the employee
under the agreement.
Mediation
(8) At any time, an employee who is subjected to psychological harassment may
request the appointment of a mediator to deal with the matter or matters in dispute.
Absence of collective agreement
(9) The provisions referred to in subsection (7) are deemed to be part of the conditions
of employment of every employee appointed under the Public Service Employment
Act who is not bound by a collective agreement, and if such an employee is subjected to
psychological harassment, the employee must exercise any recourse before the Public
Service Commission.
AWARENESS OF PSYCHOLOGICAL HARASSMENT
Dissemination of information
4. The employer must disseminate information relating to this Act and to its
enforcement and must take any other action that the employer considers appropriate to
foster, in every workplace of the public service, ethical practices and an environment
conducive to the disclosure of psychological harassment.
COMMISSIONER
Designation
5. (1) The Governor in Council must designate one of the commissioners of the Public
Service Commission as the Commissioner for the Prevention of Psychological Harassment
in the Workplace for the purposes of this Act.
Duties and functions
(2) The duties and functions of the Commissioner under this Act are part of the duties
and functions of the Public Service Commission for the purposes of the Public Service
Employment Act.
Powers
(3) The powers conferred on the Commissioner by the Public Service Employment
Act for the purposes of that Act may be exercised for the purposes of this Act.
Not competent witness
6. The Commissioner or any person acting on behalf or under the direction of the
Commissioner, including a member of the Committee, is not a competent witness in
respect of any matter that comes to their knowledge during the exercise or performance
of any power, duty or function under this Act in any proceeding other than
(a) a prosecution for an offence under section 22; or
(b) a prosecution for an offence under section 132 of the Criminal Code (perjury) in
respect of a statement made under this Act.
Protection of Commissioner
7. (1) No criminal or civil proceedings lie against the Commissioner or against any
person acting on behalf or under the direction of the Commissioner, including a member
of the Committee, for anything done, reported or said in good faith during the exercise or
performance or purported exercise or performance of any power, duty or function of the
Commissioner under this Act.
Libel or slander
(2) For the purposes of any law relating to libel or slander,
(a) anything said, any information supplied or any document or thing produced in good
faith and on reasonable grounds in the course of an investigation by or on behalf of the
Commissioner under this Act is privileged; and
(b) any report made in good faith by the Commissioner under this Act and any fair and
accurate account of the report made in good faith in the press is privileged.
PSYCHOLOGICAL HARASSMENT COMPLAINTS COMMITTEE
Committee established
8. (1) There is established a committee to be known as the Psychological Harassment
Complaints Committee, consisting of not more than five members to be appointed by the
Commissioner to hold office during pleasure for a term not exceeding three years, which
term may be renewed for one or more further terms.
Representation
(2) The Committee consists of
(a) three persons who are not employees of the public service but who possess
experience or professional training in staff relations and psychological harassment in the
workplace;
(b) a representative of the employee organization to which the employee who is
subjected to the psychological harassment belongs or, if the employee does not belong
to an employee organization, a person of the employee’s choosing; and
(c) a representative of the employer.
Chairperson
(3) The Commissioner must designate one of the members of the Committee as
chairperson of the Committee.
Powers
(4) In the performance of its duties and functions, the Committee has all the powers
conferred on the Commissioner by subsection 5(3).
Duties and functions of Committee
(5) The Committee must
(a) review written complaints relating to the behaviour or actions of any employee to
which this Act applies;
(b) investigate complaints filed under this Act;
(c) report the findings of its investigations to the Commissioner;
(d) submit to the Commissioner an annual report of its activities;
(e) provide advice;
(f) make general recommendations on issues relating to the prevention of psychological
harassment in the workplace; and
(g) deal with any other matter that may be prescribed by regulation.
Decision of Committee
9. A decision of a majority of the members of the Committee is a decision of the
Committee.
RECOURSE OF EMPLOYEE
Complaint to Commissioner
10. (1) An employee who believes that he or she has been subjected to psychological
harassment may file a complaint in writing with the Commissioner. Such a complaint may
also be filed by a non-profit organization dedicated to the defence of employees’ rights
on behalf of one or more employees who consent in writing to such filing.
Time period
(2) Every complaint of psychological harassment must be filed within 90 days after the
most recent manifestation of such behaviour.
Change of workplace
(3) An employee who believes that he or she has been subjected to psychological
harassment may request authorization from the employer to perform his or her duties at
a place other than the workplace of the person who is the subject of the complaint filed
under subsection (1).
Disciplinary action
11. (1) An employee against whom disciplinary action is taken in contravention of
section 20 may exercise any recourse available in law, including a grievance under an Act
of Parliament or under any other law in force in Canada.
Prosecution based on same facts
(2) An employee against whom disciplinary action is taken in contravention of section
20 may exercise a recourse referred to in sub-section (1) even if a prosecution based on
the same facts as those alleged in the recourse has been or might be instituted under
section 22.
Right to have presumption apply
(3) An employee against whom disciplinary action is taken in contravention of section
20 may elect to have the presumption of subsection 20(2) apply in a recourse exercised
under subsection (1).
DISCLOSURE
Duty to disclose
12. (1) Every employee must disclose to the employee’s supervisor or to a public body
any behaviour known to the employee that affects that employee or any other employee
and that, in the opinion of a reasonable person, would constitute a contravention of this
Act.
Disclosure by employee
(2) An employee who believes on reasonable grounds that a person who is employed
in the public service or who is in a workplace of the public service has engaged or is about
to engage in an act of psychological harassment may
(a) disclose the matter in writing to the Commissioner; and
(b) request that the employee’s own identity not be revealed in connection with the
disclosure.
Form and content
(3) The disclosure must specify
(a) the identity of the employee making the disclosure, evidenced by the employee’s
signature;
(b) the identity of the person referred to in the disclosure; and
(c) the grounds for the employee’s belief that the person has engaged or is about to
engage in an act of psychological harassment, and the details known to the employee.
Violation of oath
(4) A disclosure made in good faith on reasonable grounds to the Commissioner under
subsection (2) does not constitute a violation of the oath of office or oath of secrecy
taken and subscribed by the employee and, subject to subsection (5), does not constitute
neglect of duty.
Solicitor-client privilege
(5) In making a disclosure under subsection (2), it is prohibited for an employee to
contravene any law in force in Canada or any rule of law that protects communication
subject to solicitor-client privilege, unless the employee is motivated by a reasonable
concern for public health and safety.
Anonymity preserved
13. Subject to any legal obligation of the Commissioner under this Act or any other law
in force in Canada, it is prohibited for the Commissioner to reveal the identity of the
employee who has made a disclosure under subsection 12(2) and to whom the
Commissioner has given, subject to the other provisions of this Act, assurance of
anonymity.
Initial review
14. On receipt of a disclosure under subsection 12(2), the Commissioner must review
it, and may request any additional information from the employee who made the
disclosure and investigate the matter in any other manner that the Commissioner
considers necessary.
Disclosure rejected
15. (1) The Commissioner must reject a disclosure made under subsection 12(2) and
close the matter if the Commissioner determines, after a preliminary review, that the
disclosure
(a) is vexatious or has a trivial or frivolous purpose;
(b) does not constitute an allegation of psychological harassment or provide sufficient
details relating to the psychological harassment;
(c) contravenes subsection 12(5); or
(d) has not been made in good faith or on reasonable grounds.
False or misleading statement
(2) If a disclosure made by an employee under subsection 12(2) includes any statement
that the employee knows to be false or misleading at the time the employee makes it,
the Commissioner may conclude that the disclosure has not been made in good faith.
Mistake of fact
(3) The Commissioner is not required to conclude that a disclosure has not been made
in good faith by reason only that it is based on a mistake of fact.
Notice to employee
(4) If the Commissioner makes a determination under subsection (1), the
Commissioner must, within 30 days after making the determination, send written notice
of it to the employee who made the disclosure.
Notice to person referred to in disclosure
(5) If the Commissioner makes a determination under paragraph (1)(c) or (d), the
Commissioner may notify the person referred to in the disclosure.
Disclosure accepted
16. (1) The Commissioner must accept a disclosure made under subsection 12(2) if the
Commissioner determines that the disclosure
(a) is not vexatious and does not have a trivial or frivolous purpose;
(b) constitutes an allegation of psychological harassment and provides sufficient details
relating to the psychological harassment;
(c) does not contravene subsection 12(5); and
(d) has been made in good faith and on reasonable grounds.
Notice to employee
(2) If the Commissioner makes a determination under subsection (1), the
Commissioner must immediately send written notice of it to the employee who made the
disclosure.
INVESTIGATION AND REPORT
Investigation
17. (1) The Commissioner must investigate a disclosure accepted under section 16 and,
subject to subsection (2), must prepare a written report of the Commissioner’s findings
and recommendations.
Commissioner’s decision
(2) If the Commissioner finds that an employee has been subjected to psychological
harassment and that the employer has failed to meet the requirements of subsection
3(3) or (4), the Commissioner may make any decision that the Commissioner considers
fair and reasonable having regard to all the circumstances of the matter, including
(a) ordering the employer to reinstate the employee and, if the employee so desires,
ensure that the employee can safely occupy the same position;
(b) ordering the employer to pay the employee compensation not exceeding an amount
equivalent to the salary lost;
(c) ordering the employer to make every reasonable effort to put an end to the
harassment;
(d) ordering the employer to pay the employee exemplary and punitive damages and any
legal and other expenses incurred by the employee under this Act;
(e) ordering the employer to pay the employee compensation for loss of employment;
(f) ordering the employer to pay for any training program required for the purposes of
career transition;
(g) ordering the employer to pay for any psychological or medical support required by
the employee; and
(h) ordering the employer to modify the employee’s disciplinary record.
Exception
(3) Paragraph (2)(b) does not apply in respect of a period during which an employee is
the victim of an employment injury, within the meaning of a provincial law respecting
industrial accidents, that results from psy- chological harassment.
Notice to employee
(4) If the Commissioner makes a decision under subsection (2), the Commissioner
must, within 30 days after making the decision, send written notice of it to the employee
who made the disclosure.
REPORT TO PARLIAMENT
Annual report
18. (1) The Public Service Commission must, within five months after the end of each
fiscal year, transmit to the minister designated by the Governor in Council for the
purposes of this section an annual report of the statement by the Commissioner of the
activities carried out under this Act, including
(a) a description of the Commissioner’s activities;
(b) the number of disclosures in every department or agency of the Government of
Canada that have been received under section 12;
(c) the number of disclosures in every department or agency of the Government of
Canada that have been rejected under section 15;
(d) the number of disclosures in every department or agency of the Government of
Canada that have been accepted under section 16; and
(e) the number of disclosures in every department or agency of the Government of
Canada that have been accepted and are still being investigated under subsection 17(1).
Tabling before Parliament
(2) The Minister designated by the Governor in Council under subsection (1) must
cause the report referred to in that subsection to be laid before Parliament within 15
days after the receipt by the minister thereof or, if Parliament is not then sitting, on any
of the first 15 days next thereafter that either House of Parliament is sitting.
Recommenda-tions
(3) The Public Service Commission may include in its annual report a review of the
provisions and operation of this Act and any recommendations relating to this Act.
PROHIBITIONS
False information
19. (1) It is prohibited to provide false information to the Commissioner or to any
person acting on behalf or under the direction of the Commissioner, including a member
of the Committee, during the exercise or performance of any power, duty or function of
the Commissioner under this Act.
Bad faith
(2) It is prohibited for an employee to make a disclosure under subsection 12(2) in bad
faith.
Protection
20. (1) It is prohibited for a person to take any disciplinary action against an employee
by reason only that
(a) the employee, acting in good faith and on reasonable grounds, has disclosed or stated
an intention of disclosing to the Commissioner that a person who is employed in the
public service or who is in a workplace of the public service has engaged in an act of
psychological harassment;
(b) the employee, acting in good faith and on reasonable grounds, has stated an intention
of doing anything that is required to be done to ensure compliance with this Act; or
(c) the person believes that the employee will do anything referred to in paragraph (a) or
(b).
Presumption
(2) Every person who takes disciplinary action against an employee in contravention of
this section within two years after the employee has made a disclosure under subsection
12(2) is deemed, in the absence of any evidence to the contrary established on a balance
of probabilities, to have taken the disciplinary action because the employee made the
disclosure.
Revelation of identity prohibited
21. (1) Except as authorized by this Act or by any other law in force in Canada, it is
prohibited to communicate to any other person the fact or nature of a disclosure made
under subsection 12(2) in a manner that reveals the identity of the employee who made
the disclosure.
Non-application
(2) Subsection (1) does not apply if the disclosure was made in contravention of
subsection 12(5) or was not made in good faith or on reasonable grounds.
OFFENCES
Offences
22. Every person who contravenes subsection 12(5), section 19 or subsection 20(1) or
21(1) is guilty of an offence and liable on summary conviction to a fine not exceeding
$10,000.
REGULATIONS
Regulations
23. The Governor in Council may make regulations
(a) establishing criteria respecting the qualifications and training of the Commissioner,
having regard in particular to the person’s experience and professional training in staff
relations and psychological harassment in the workplace;
(b) establishing the rules to be followed by the Commissioner and any person acting on
behalf or under the direction of the Commissioner, including a member of the
Committee, in the handling of complaints and investigations;
(c) providing for the establishment of an optional mediation process for dealing with the
matter or matters in dispute;
(d) prescribing the conditions for paying compensation, damages, and legal and other
expenses under paragraphs 17(2)(b), (d) and (e); and
(e) generally for carrying out the purposes and provisions of this Act.
TRANSITIONAL PROVISIONS
Grievances
24. (1) Any grievance under the Public Service Labour Relations Act that has not been
finally dealt with on the coming into force of this Act must be dealt with and disposed of in
accordance with this Act.
Proceedings
(2) Any proceeding that has not been finally dealt with on the coming into force of this
Act must be dealt with and disposed of in accordance with this Act.
CONSEQUENTIAL AMENDMENTS
R.S., c. L-2
CANADA LABOUR CODE
25. The heading before section 247.1 of the Canada Labour Code is replaced by the
following:
DIVISION XV.1
SEXUAL OR PSYCHOLOGICAL HARASSMENT
26. Sections 247.2 and 247.3 of the Act are replaced by the following:
Definition of “psychological harassment”
247.11 In this Division, “psychological harassment” has the meaning given to that
expression by section 2 of the Workplace Psy-chological Harassment Prevention Act.
Right of employee
247.2 Every employee is entitled to employment free of sexual or
psychological harassment.
Responsibility of employer
247.3 Every employer shall make every reasonable effort to ensure that no employee is
subjected to sexual or psychological harassment.
27. (1) Subsection 247.4(1) of the Act is replaced by the following:
Policy statement by employer
247.4 (1) Every employer shall, after consulting with the employees or their
representatives, if any, issue a policy statement concerning sexual or
psychological harassment.
(2) Paragraphs 247.4(2)(a) and (b) of the Act are replaced by the following:
(a) a definition of sexual harassment that is substantially the same as the definition in
section 247.1 and a definition of psychological harassment that is substantially the same
as the definition in 247.11;
(b) a statement to the effect that every employee is entitled to employment free of
sexual or psychological harassment;
(3) Paragraphs 247.4(2)(d) and (e) of the Act are replaced by the following:
(d) a statement to the effect that the employer will take such disciplinary measures as
the employer deems appropriate against any person under the employer’s direction who
subjects any employee to sexual or psychological harassment;
(e) a statement explaining how complaints of sexual or psychological harassment may be
brought to the attention of the employer;
(4) Paragraph 247.4(2)(g) of the Act is replaced by the following:
(g) a statement informing employees of the discriminatory practices provisions of
the Canadian Human Rights Act that pertain to rights of persons to seek redress under
that Act in respect of sexual or psychological harassment.
28. The portion of subsection 256(1) of the Act after paragraph (c) is replaced by the
following:
is guilty of an offence and liable on summary conviction to a fine not
exceeding ten thousand dollars.
COMING INTO FORCE
Coming into force
29. The provisions of this Act come into force on a day or days to be fixed by order of the
Governor in Council.
Published under authority of the Speaker of the House of Commons
Available from:
Publishing and Depository Services
Public Works and Government Services Canada
Important Notices
https://www.parl.ca/DocumentViewer/en/41-1/bill/C-348/first-reading/page-69
In recent years there has been an increasing recognition of the ham that could be done
to individuals who become the victims of harassment or bullying. Although there have
been significant moves to introduce legislation and guidelines that deal with the
introduction of organizational policy and procedures on harassment and bullying, the
occurrence of harassment is still common in many British organizations (Incomes Data
Services, 1992; MSF, 1995). This paper suggests that, although many organizations have
introduced harassment policies, most organizational policies concentrate on addressing
unacceptable behaviours rather than on the need to define and promote acceptable
behaviours at work. Without a change of emphasis from the punishment of inappropriate
behaviour to one where appropriate behaviours are rewarded, it is unlikely that the
underlying causes of harassment will be recognized or addressed. Organizations are
responsible for developing organizational values and behaviours. The way these values
and behaviours are promoted and developed has a major impact on the organizational
culture. It is this cultural environment that supports or prevents the occurrence of
harassment. Psychological evidence suggests that the origins of harassment may be
found in the past personal history of the individuals concerned. During development each
person learns how to handle difficult situations, it is this prior learning, and the means by
which it can be changed or adapted, which provides the key to developing new strategies
for addressing the problems of the harassor and the harassee. Helping the victims of
harassment handle their problems in a way that frees them from the cycle of
victimization and abuse is difficult. The Post office, undaunted by the size of the task, has
begun to tackle the problem with the introduction of a programme of peer support and
counselling that it hopes will begin to address the underlying problems that make
harassment possible. This programme also provides the organization with the
information it requires to enable it to strengthen and support a culture, within which,
harassment does not have a place.
https://www.tandfonline.com/doi/abs/10.1080/09515079608256357?journalCode=ccpq
20
Definition