Beyond the Schoolyard: Workplace Bullying and Moral Harassment Law in France and Quebec

摘要

After almost two years since its enactment, the French Law on Social Modernisation is recognized in the European Union as one of several models for enacting legislation against psychological harassment in the workplace. Quebec's new legislation is not surprising, given the province's French roots. Overall, however, the legal and political systems in France are more uniform on a nationwide basis than those in Canada and especially the United States, and this difference may affect the development of similar moral harassment legislation in North America. Returning again to our initial scenarios, an employee in these situations would probably have recourse in Quebec, France, and a number of other EU countries. Notice, however, the common thread among these jurisdictions: a strong civil law tradition. Although moral harassment legislation may be desirable in the United States and Canada, two nations which pride themselves in granting individual liberties and social freedom, transplanting the European concept of dignity that underlies the French and Quebecois legislation into common law jurisdictions seems to be a necessary yet likely difficult task. Employers need to start recognizing workplace bullies as "not tough leaders but abusers of the highest ideals of work." Canada has made some progress, with its Quebec legislation as a first step. However, the more specific language in both the proposed Bill C-451 and the proposed California legislation reflect the North American emphasis on discrimination discussed in Part I.B. Broader and more aspirational provisions similar to the Quebec amendments may better survive legislative debate. Because the proposed Canadian federal legislation on psychological harassment died in Parliament due to the election and not because of disapproval by Members of Parliament, there is still hope for a Canada-wide law. Although Ontario-the most influential Canadian province, home to both the nation's capital and Canada's largest city-has denounced any intention to enact new anti-harassment legislation, it seems likely that Canada will pass such legislation before the United States for several reasons. First, Canada can use the Quebec legislation as a stepping stone for future legislation; provincially-approved law is inherently more powerful than statewide grassroots lobbying efforts. Second, Canadian law tends to provide employees with more statutory protections, along with less administrative delay in enforcement. Third, Canada does not rely on the employment-at-will doctrine and generally has a much less litigious atmosphere. Finally, unlike Bill C-451 in Canada, there has been no hint of proposed legislation at the federal level in the United States.