Executive summary

Introduction

The evaluation of the Legal Support and Awareness to Address Sexual Harassment in the Workplace Initiative (SHW Initiative) was conducted by the Department of Justice Canada (Justice Canada) Internal Audit and Evaluation Sector. The evaluation covers the four fiscal years, from 2019-20 to 2022-23. The evaluation was conducted in accordance with the Treasury Board Policy on Results (2016), which requires departments to measure and evaluate performance and use the resulting information to manage and improve programs, policies and services. The evaluation examined relevance, design and delivery, effectiveness and efficeincy of the Initiative.

Program Description

The SHW Initiative was launched in 2018-19 to support the federal government in its goal of “Eliminating gender-based violence and harassment”. The SHW Initiative is comprised of two components, the Public Legal Education and Information Outreach (PLEI) component, and the Legal Advice for Complainants of Workplace Sexual Harassment component.

The PLEI component supports the development and dissemination of PLEI in a pan-Canadian outreach campaign. The populations that could benefit from Initiative-funded projects are broad and include many different vulnerable groups. The goal is to better inform workers, especially the most vulnerable, about their rights, and resources they can access regarding sexual harassment in the workplace (SHW).

The Legal Advice component supports organizations that provide legal information, advice and ancillary services across each province and territory to persons who have experienced SHW regardless of their economic status. Services are made available through various modes of delivery, such as by telephone, in-person, or online. The Initiative ensures that the services are accessible to populations who may be more vulnerable to sexual harassment, such as workers in precarious jobs; those who provide personal services; women working in male dominated fields; youth; Indigenous and racialized women; persons with disabilities; those who identify as 2SLGBTQI+; and women newcomers to Canada.

The SHW Initiative is delivered with funding through the Justice Partnership and Innovation Program (JPIP) and the Legal Aid Program. During the period covered by the evaluation, Justice Canada allocated approximately $39 million to the SHW Initiative. Over the course of two Calls for Proposals (CFPs), the Initiative funded 45 projects, including four projects in the Legal Advice component (accounting for 43% of total project funding), 28 projects in the PLEI component (42% of total project funding), and 13 projects with activities consistent with both components (15% of total project funding).

Findings

Relevance

The SHW Initiative is well aligned with federal government priorities and federal roles and responsibilities. Budget 2018 highlighted that the impact of workplace sexual harassment and gender-based violence are significant, particularly for women for whom it can make working difficult, or even impossible. To address these issues, the Budget included targeted measures to combat workplace sexual harassment and gender-based violence (GBV). Due to the high proportion of women who have experienced SHW, the SHW Initiative also serves as Justice Canada’s support for other government priorities relating to women and violence against women.

Target populations of the SHW Initiative are broad and include people who have experienced SHW, employers and employees. People who have experienced SHW have needs for both PLEI and legal advice whereas other employees need PLEI, primarily. The needs for employers focus largely on PLEI, including high quality training. Through data collection for the evaluation, individuals working in the legal community were identified as an additional target population with specific needs given their work with complainants of SHW. Individuals in the legal community need specialized training in workplace sexual harassment, sensitivity, trauma-informed responses and in serving diverse communities.

The evaluation found that funded projects are aligned with the needs of target populations. In the design phase of the Initiative, emphasis was placed on the most vulnerable populations to help empower these groups. A mix of legal advice, PLEI and joint legal advice/PLEI projects have been funded with organizations across Canada. The evaluation was able to determine that most project designs are comprehensive and responsive to target population needs (both known and those that emerge as the project is implemented). While some funded projects are specific to particular groups (such as newcomers) or types of workplaces (e.g., male dominated), others have a broader target population. This allows for the needs of the general population across Canada to be met, as well as for the inclusion of, and particular focus on many specific vulnerable groups.

A few gaps were identified that could be considered in future programming, such as a need to include increased supports for psychosocial needs. Access to legal representation was commonly mentioned as a gap for those who have experienced SHW, although it is outside the scope of the Initiative.

Effectiveness

The evaluation found that projects are contributing to increasing access to legal advice and PLEI. Making services and information available online, in multiple languages and available through intermediary organizations already known to those accessing the information are key enablers to accessibility. However, people who have experienced SHW are fearful and hesitant to seek information or advice, which limits their access to these resources. These include fears of being identified (particularly in rural/small communities) and lack of confidentiality.

Multi-sectoral and multi-agency collaborations were successful and featured in almost two thirds of funded projects. The evaluation found that these collaborations facilitated knowledge-exchange and sharing of resources, which in turn helped increase outreach and facilitated the achievement of project outcomes. Collaboration and partnerships allowed funded projects to connect with more difficult to reach target groups, refer clients, and cross-promote services.

Design and Delivery

The evaluation found that the COVID-19 pandemic posed a challenge at both the Initiative and project level. Timelines, project design, delivery approaches and reach were all affected by the pandemic. However, the Initiative’s flexibility in the face of the challenges posed by the pandemic was recognized by funded organizations.

The evaluation also found that several best practices were built into the Initiative at the design stage and required project designs to adopt a number of beneficial features. These features included adopting trauma-informed approaches, Gender-based Analysis Plus (GBA Plus), and encouraging the involvement and collaboration with organizations already trusted by targeted populations.

Funding applicants were expected to consider GBA Plus in the planning phase of their projects. However, the evaluation found a mixed understanding among funded organizations regarding how to implement GBA Plus during project delivery. In instances where projects had a strong understanding of GBA Plus, its use extended from project design to implementation. However, for many other projects there was limited evidence regarding the utilization of GBA Plus in the project delivery phase.

Efficiency

The Initiative included various design features that contributed to efficiencies. This included funding organizations with experience delivering PLEI since these organizations were well positioned to expand the topics and reach of their PLEI materials and to connect target populations with existing and new partners. Encouraging collaboration with other organizations was also seen to contribute to efficiency in project delivery by expanding their reach and services. Finally, a project dedicated to supporting collaboration and partnerships among Initiative-funded projects helped facilitate the sharing of best practices and knowledge exchange.

Recommendations

No recommendations are included as the SHW Initiative was implemented as expected and there are no identified barriers to the achievement of expected results.