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Lauren Bernardi sat down with the HRPA to talk about her experience in workplace investigations. Bernardi is the founder of Bernardi Human Resources Law LLP and developed HRPA’s Workplace Investigations Training and Certificate Program.
By HRPA Staff
Lauren Bernardi is on a mission.
“Our goal is to transform workplaces, so that people and organizations can achieve their full potential.”
Bernardi has been transforming workplaces for over 25 years by investigating claims of sexual assault, sexual harassment, racial discrimination and workplace bullying. Her firm, Bernardi Human Resources Law LLP, works with employers in both the public and private sectors, and sometimes find themselves at the centre of high-profile investigations. They support their investigation work with proactive and practical training programs that drive positive behavioural change.
Regardless of the scope of the work, her approach is consistent: finding out what’s really going on and charting a better path.
“In the early days of doing this work it appeared that some organizations worried more about corporate liability than affecting lasting change. I think that’s happening less now with more organizations truly interested in creating psychologically safe workplaces that are free of harassment and discrimination,” she adds, pointing to the influences of the #MeToo movement, Black Lives Matter, and an increase in mental health awareness
“I think there’s been a shift realizing we need to get to the truth, however hard that truth may be to hear. More organizations are opening themselves up to hard truths, so that they walk down a path of recovery.”
Bernardi herself has spent over two decades conducting investigations. They can be difficult, she said, noting the strain it can put on an organization and every person involved.
“There’s a lot at stake for both complainants and respondents. It’s very difficult for most complainants to come forward, the repercussions can be enormous. They can be ostracized or worried about job loss. It’s traumatic for them. Respondents are worried nobody is going to believe them and they’re going to get fired. That means it is crucial for us to be thorough and careful so that we get to the truth of the matter.”
However, she is obligated to point out that the cost of either executing investigations incorrectly or not doing them at all can result in financial harm to the company.
“If you conduct an investigation improperly there could be litigation, which can be a costly public relations nightmare, not to mention the harm it causes to the entire workplace.”
For more than a decade, Bernardi has been helping HRPA members avoid the costs of improper investigations, by sharing her knowledge and skills. She is responsible for developing and co-teaching HRPA’s Workplace Investigations Training and Certificate Program, one of the first and most recognized programs of its kind in Canada.
“We’ve been at the forefront of workplace harassment issues since 1995, from the beginning from sexual harassment to workplace bullying to workplace mental health to systemic discrimination.”
Bernardi and HRPA recognized the HR learning gap around workplace investigations and worked to fill it. “There really wasn’t any other training programs available when we started this program,” she said. “It was an opportunity to get HR professionals practical skills they weren’t getting elsewhere.”
From taking notes, to taking a statement, and protecting confidentiality, the course provides hands-on skills on all core elements of performing an investigation, including writing the final report and documenting findings.
“It’s practical, skill-based and fun,” she explained, then added, “It’s very engaging. The conversations are lively, and we inject a bit of humour in what we do. We adhere to the principles of adult learning which is really learning by doing. I think the interaction is what makes it different.”
Editor’s Column
Welcome to the new HR Professional Now.
How did this site come about? Well, like to many things in life, once we got rid of one thing, we discovered a treasure trove of what was truly important. After doing away with the shackles of traditional industry reports and newsletters, we freed ourselves to build upon the wave of change and growth happening within the practice of Human Resources.
Right now, HR Professionals are front and center; leading the most important issues we face in our work lives. The way people engage with their work is now a significant part of our human identity and experience.
We know that Better HR Means Better Business. And, this site is yet another way to support that vision and grow the business-HR relationship.
We want to tell the stories of what matters most to Canadians, workers, and the businesses that drive our economy. We want to elevate the meaning of work and help improve the ways we work together every day. We want to challenge and expand what Human Resources can and should be for business and people.
This month, we cannot think of a more appropriate way to do that than by shining a bright light on our Frontline Workers and the businesses that supported them, and continue to do so, during the pandemic. We want to provide a platform to share just a handful of stories and draw out the most pertinent of lessons.
Many of our HRPA members are essential workers or have family members who have gone to work every day to keep Ontarians safe and ensure we have the services and supplies we need. Many of our HRPA members work for the most dynamic companies and industries in Canada and they faced challenges never before imagined.
We hope to acknowledge their experience and sacrifice. We then want to honour it by translating that experience and adding to our field of HR best practices.
As ever – we want to hear from you – our readers. Let us know what you think and if you have stories to tell. communications@hrpa.ca
Enjoy and visit often,
Sincerely,
The HR Professional Now Editorial Team
I am excited to share with you some Human Resources Professional Association updates that make me particularly proud to be part of our profession and the HRPA family.
Diversity + Inclusion is an organizational best practice that brings out the most from our teams, adds the best to our cultures, and allows us to perform at the highest levels. More than anything, a strong and fully integrated D+I Program is simply the right thing to do.
I want to ensure HRPA is – and remains – a leader in Diversity + Inclusion and supports the best and latest thinking in this area.
As such, work is being done across the Association to ensure D+I is fully integrated into new and existing programs, processes, and values. This is a priority of mine and I am committed to making incredible strides to ensure D+I is part of everything we do.
Included below is a taste of just some of what is planned for the remainder of 2020.
I hope you will join us for upcoming events and please feel free to reach out if you would like to learn more about what HRPA can do for your career or organization.
CURRENT HRPA D+I INITIATIVES
A) Partner with Leaders in the D+I space
HRPA wants to be affiliated with the latest and best thinking. We have strategic partnerships with experts in D+I research and data acquisition, academia, law and regulatory changes, and business.
B) Professional Development & Learning
SIGN UP! Here is just a taste of what is coming and what you will be invited to attend soon:
Webinar Series, Part 1: Battling Systemic Racism in the Workplace (4 Events).
This series will examine many of the issues surrounding systemic racism. From the history of Black Lives Matter to current events triggered by the senseless killings of innocent Black men and women, our panels of experts will share their lived experiences, perspectives, and practical approaches to dealing with systemic racism in the workplace.
The series is hosted by the HRPA and features expert panelists, moderated by Laura Williams, Principal of Williams HR Law Consulting.
Dates and times:
September 28, 2020, 1:00pm – 2:30pm ET
October 14, 2020, 1:00pm – 2:30pm ET
November 2, 2020, 1:00pm – 2:30pm ET
November 26, 2020, 1:00pm – 2:30pm ET
Cost:
Members: FREE
Non-Members: $35 for one session or $100 for the entire series
C) HRPA Online Communities
We have created an internal peer-to-peer space for members to exchange experiences, best practices, and learnings.
D) Partnership and Research with Diversio
Diversio is a leader of insights and best practices of diversity, inclusion, and human rights. Through this strategic partnership, HRPA is conducting third party research looking at Ontario’s organizational approach to D+I. We will draw on these results to inform important discussions and to support HRPA’s advocacy work.
Currently, all eyes in Ontario are rightly focused on getting our children back to school in a safe and timely manner. Education in a safe setting is the priority, but once this is done, we must quickly turn to ensuring safe and healthy work environments for workers, including parents and caregivers.