Whitehorse Daily Star

Woman frustrated by response to assault

“What does a Yukon government employee of 20 years have to do to get some respect?”

By Aimee O'Connor on August 28, 2015

“What does a Yukon government employee of 20 years have to do to get some respect?”

That’s the question one woman is asking, after months of frustration from dealing with the government and Yukon Employees Union (YEU) to find a replacement position that suits her psychiatric needs in the wake of a brutal sexual assault.

The woman says she was raped in her home early in July 2014 after letting her roommate’s friend into the apartment. She wishes to remain anonymous for the purposes of this story.

“I knew when I opened the apartment door, something was going to go wrong,” she told the Star in an interview Thursday afternoon.

The RCMP have laid charges against a man, she said.

Since the attack happened in the middle of the summer, taking time off work was not an option at the time, as she is both single and a seasonal worker for the government.

Upon returning to work, the anxiety she felt was immediate.

Her roommate was a co-worker, and did not believe her claim that an attack had occurred.

“By the end of July, (there) was full-on harassment,” she said.

Women she worked with made jabs at her “promiscuity.” They poked and prodded at what she was wearing and asked why she was always so depressed – it had a quick crippling effect.

Once the bullying started popping up on Facebook in September 2014, she had had enough; she went to the human resources manager in her department.

“I didn’t think I’d be able to return to my workplace the following year, so I asked them what could be done.”

She said was directed to a representative at the YEU, who came back with two options: she could request a transfer through the public service commissioner, or go with an “accommodation.”

The government’s accommodation program works to find modifications – which can include a move to a different job position – to help employees to work to the best of their ability.

By law, the government is obligated to accommodate the needs of employees with disabilities.

Having been advised that a transfer is “almost impossible,” she decided to go with the accommodation.

“I knew the day I had to sign the accommodation that this was the wrong idea, but I didn’t know the process.”

So, she went along with the accommodation.

With a recall date of April 21, it was still unclear as to where she would be working once her work term started.

She was told in a meeting with human resources that they did not have a position for her yet – so she was tasked with filing paperwork on her start date.

Once the filing was finished, she was moved to a different department to help plan a convention that was coming to town, with work wrapping up by July 5.

She recounted that job as having a “loving environment” and the added bonus of lovable colleagues.

“I fell in love with them all. Nobody knew why I was there except the person who I answered to.”

The one good thing came to an abrupt end when she was told what the next job placement would be.

She was to be relocated to a former workplace of hers, which she had allegedly left due to “workplace politics.”

“I immediately expressed apprehension about that,” she said.

“It caused me a lot of anxiety and stress .... I didn’t feel that it would be right.”

Not being able to properly disclose the circumstances of why she had previously left made things worse.

Nigel Allan, a spokesperson for the Public Service Commission, told the Star this morning that employees are offered a “reasonable” accommodation. If they reject it, they need to say why they can’t take it.

The disability management unit’s website indicates that employees have the responsibility to “communicate openly with their employer” and “accept reasonable offers of accommodation.”

Effective disability management, the website states, requires timely action.

The department told her that the position was “reasonable” for her.

If she wanted to dispute it, she was told, she would have to get a psychiatrist to provide written reasoning why she couldn’t work there.

With the government’s three-week deadline for the psychiatrist’s written diagnosis, the crunch was on.

She said her psychiatrist barely made the Aug. 14 deadline, but wrote a note that said something along the lines of, “(While) it may seem reasonable that she work here, due to her past history with this place, I do not support her working here.”

This past Monday, she presented the note in a meeting with the Public Service Commission’s disability management unit, human resources and a YEU representative.

“They said, ‘It’s not good enough. It’s just an opinion and we don’t work with opinions,’” she said, letting out an exasperated sigh.

Not understanding the government’s process for handling these sorts of situations contributes to her frustration – she claims there was no way of knowing that her psychiatrist’s diagnosis would not be good enough to get her moved to a different job.

Allan said today that to plan a proper accommodation, the department needs a clear objective and specific restrictions as to what the employee can or cannot do.

“This information is provided by a medical practitioner,” Allan said.

“In some situations, we might request an independent medical examination ... (By a) practitioner identified by the Yukon government.

“All we want are the restrictions and limitations, not personal medical details.”

The next day, the woman went to see the same psychiatrist in town.

“In all of the jurisdictions where he has worked, he said he has never seen anything as difficult as this government,” she said.

The next day, she agreed to go to Vancouver to see a psychiatrist chosen by the government – a suggestion that had been made to her at the end of July.

At the time, she had been hesitant to go without the authorization from her own psychiatrist.

But now, having not been paid since the convention job ended in July, she’s at the end of her rope.

The bright light in her life right now is the prospect of a career change; she applied and has been accepted to study justice at university.

“I really would like to work with women and children overseas some day.”

The first instalment of tuition had been due last Friday – she had a friend help pay the amount due.

The institution estimates the cost of this degree to be $14,730.

Her dependence on having a five-month work season is pivotal.

“I didn’t ask to be assaulted. I didn’t ask to be harassed. There isn’t a resource I didn’t tap. This is the most frustrating thing I’ve ever encountered,” she said.

While specific details of the woman’s case were not discussed with the Public Service Commission, the department indicated that workplace accommodation requires the employee’s full participation.

“Depending on the situation, it can be reasonably complicated,” Allan said.

“At the end of the day, it’s important to find a reasonable accommodation (placement), but it does require them to participate in the process; otherwise, it makes it difficult.”

It’s easy for a listener to see the woman’s bewilderment at the lack of solution to her situation – she is meticulous, having a penchant for archiving her life. She scribbles down dates as she is being interviewed.

The easiest way to explain the situation, she said, is that no one knew what to do.

She talked about her travels overseas during previous winters when she hasn’t been working, calling herself a “vicious traveller,” walking with self-assuredness that would let potential criminals know they can’t rob her; they can’t touch her.

She fought hard against her attacker that night, she said.

And it’s clear she’s ready to continue the fight for her place in the workforce.

No one was available to speak on the YEU’s behalf this week.

The director and manager of the disability management unit were also unavailable to comment on the woman’s experiences.

See letter.

Comments (17)

Up 0 Down 1

mrstudz on Sep 4, 2015 at 1:54 am

This one time..at band camp... LOL

Until the accused is proven guilty, this article has absolutely no merit or foundation.. it's a story about a person with no name, who may or may not have been raped, who seems to think it is unfair that the government doesn't find her the perfect dream job.

And this is why socialism is whack folks.

Up 13 Down 3

daveG on Sep 3, 2015 at 9:19 am

Yes , it does seem that this is a rather uncorroborated sensationalist piece of writing that lacks substantiating evidence. The sort of material that would not get a passing grade at J-school. ( slow news day again Whitehorse Star ? ).

Up 18 Down 3

Skeptical on Sep 1, 2015 at 5:14 pm

I sincerely hope the journalist checked her facts. It should be easy enough to find out if charges were actually laid in this matter - or if it's just a whopper of a lie/series of lies that got out of control.

The irony is that both organizations being criticized are obliged to maintain confidentiality - so this stinker of a story will go unchallenged.

Up 21 Down 2

Oldtimer on Sep 1, 2015 at 4:41 pm

Maybe there is more to this story

Up 9 Down 4

LD on Sep 1, 2015 at 9:47 am

Some of the comments seem to be stuck on the rape part of the story but while that is traumatizing and I'm sorry that the woman had to go through that, that is not what has caused her to change positions (or at least my read of the article that was my interpretation).

It sounds like she confided in her roommate about the attack, obviously someone she thought she could trust during a vulnerable time in her life and the roommate didn't believe her and bullying at the workplace began as a result. They started making comments about the way she dressed etc. and then continued the harassment online. In light of all this she felt that she could not go back to work so looked into other options (though it sounds like she didn't do all the research that she should've done). I would have to say that if I were at work and bullied everyday and when I got home the bullying continued I would not want to stay in that workplace - it's exhausting to be harassed all day and to try and stay in your corner and not care what others are saying about you. Especially if on top of that you went through a very traumatizing experience in your personal life.

I can't make any comment on the YEU or the disablity management team because they haven't really made any comments themselves so I can't comment if they are doing things correctly or not. This is a very one sided story and I don't know the processes in the government as I don't work for the government.

This article does make it sound like this woman at the very least is a victim of workplace harassment which is serious and something that shouldn't be tolerated and investigated properly (Once again maybe it was investigated but this story does leave holes).

Up 24 Down 0

Mark S on Aug 31, 2015 at 2:50 pm

There is a lot of workplace dysfunction in the public sector but it is far worse in the private sector. If you complain in the private sector there usually is a short employment period left before you are fired.

In the public sector the mediation and workplace harassment programs do not really deal with the people who are dysfunctional and contaminate the workplace with their poor behaviour.

Up 5 Down 13

steve on Aug 31, 2015 at 12:32 pm

I find that online bullying needs to be dealt with both at work and in the courts. First if there is evidence of bullying on line it links back to the person(s) and if those persons are working in the same office that needs to be addressed immediately within the workplace because I don't care what anyone says it will be brought into the workplace even if done on line.

Second, doing it on line I would be suing them for defamation of character. The amount of idiots that post online to attack people is very surprising. This will really send a clear message to those on line bullies.

Up 42 Down 8

YG Employee on Aug 31, 2015 at 7:03 am

After many years in the private sector, I have now been a YG employee for 5 years. I certainly can't speak for absolutely every department and branch within the gov, but from my experiences and observations, I just don't see any of the abuse or dis-functionality some commenters are speaking to. Your employment is going to be what you make it, the same as is true in private sector. Got a problem with a manager? Deal with it, quit if it's that bad. So far, the vast majority of YG employees that I have met and dealt with are happy, engaged, service oriented people. Yeah, there are a few bad apples that can spread rot from within and bring everyone around them down, but these are the exception rather than the rule. The problem as I see it is that for some people, the longer they work for YG, the more they have forgotten what it's like to work in the private sector, and the more entitled they become. As I said before, your employment at YG is what you make it. Chances are if you are miserable at YG, you were miserable at your prior employment.

Up 54 Down 10

Read it again... on Aug 30, 2015 at 6:04 pm

There are an awful lot of assumptions being made here. If you read the article, you will note that there has not been a conviction of the incident that ALLEGEDLY occurred in her own home. It did not occur at work. This is important. It's not been proven.

Now.... let's think about what she wants... a newer, better job and a free degree because she had something happen (again, allegedly) in her personal life. Where can I sign up? Anyone who knows the rules about workplace accommodation should be shaking their heads... and the rest need to be quiet. An earlier post noted there was only one side of the story being told here... think about it.

Up 27 Down 7

Tinsleytalena on Aug 30, 2015 at 3:23 pm

Oh my goodness! I was involved with the Respectful Workpkace people when they came to Pelly Crossing to help resolve issues at the school. What a complete waste of time! They came to our school with an agenda that nobody was willing to follow because in doing so we would have put ourselves in danger of repercussions that would surely come if we spoke up in the forum they presented. I can certainly understand the frustration that this rape victim feels. My experience was that those who were supposed to help didn't at all.

Up 62 Down 58

melba on Aug 30, 2015 at 7:55 am

She was supposed to detail a rape and bullying situation to her new employer-contact in order to explain why she did not want to return to a former work site. Meanwhile part of the problem was that the last time she said what was going on, she was bullied including on facebook. The government is incredibly incompetent. One would think they would have in their collective wisdom forseen this and found a way around it.

$15,000 is peanuts to help her transition into a better job. Just get her into school and support her in her attempts to deal with the problems she now has. I can't stand the way the government will spend many times the money fighting people rather than taking a portion and saying, "Here you go, good luck with your studies."

Up 31 Down 1

Yukon 56 on Aug 29, 2015 at 6:18 pm

The woman says she was raped in her home early in July 2014 after letting her roommate’s friend into the apartment. She wishes to remain anonymous for the purposes of this story. 2014????? What about due process in a timely manner? Something stinks.

Up 31 Down 14

Oh my how times have changed on Aug 29, 2015 at 3:05 pm

@June Jackson
I am not sure how long ago you retired but I can assure you that bullying is rampant in YTG. It is sanctioned and carried out by those at the very highest levels. There is no where to go, no one to tell! The Respectful Workplace office is absolutely a disgrace serving only to gather information and then tattle on those that sought their advice, support and so-called confidentiality.

@Nubian
I can assure you that there are countless stories of the Public Service Commission abusing their authority, not following any defined legislation and without question have out and out bullied and disrespected employees. Their officials have stated in formal hearings in front of legal counsel "we can do what we want". There are numerous cases and paper trails to follow if you care to. It's a real eye opener. If you are new to Yukon government I wish you well. I would love to hear your perspective when you have spent some time with and in the YTG 'system', it is truly unbelievable.

Up 30 Down 14

June Jackson on Aug 29, 2015 at 1:11 am

This is a difficult scenario to comment on. Personally, I dislike she said/he said situations. When there is not definitive proof either way. How do the police make a determination of guilt when one person says yea, other other nay?

Accusations like this is life destroying. She fought hard against her attacker.. did either of them attend the hospital? Is there a paper trail that would indicate guilt? Does the alleged attacker have a history? Anything that would support either side beyond reasonable doubt.

It has not been my experience that women attack other women who have suffered a rape. In my experience, women try hard to comfort women who have been victimized in this way. Did the Government prove she was bullied? And what did they do about her bullies? Even before I retired there was a 0 tolerance for bullies in YTG.

Since the event has gone public, perhaps public can ask for some answers too.

Up 42 Down 9

Nubian on Aug 29, 2015 at 1:06 am

Being raped in your own home by a room mate's friend must be a very traumatic experience to say the least. I hope that the charges which are laid by the RCMP result in adequate justice for all involved and this employee overcomes this unfortunate incident.
However it angers me that this article in it's attempt to highlight that women need to be treated with respect especially in the aftermath of sexual assault has used her "government employment and the accommodation process" without properly investigating how this process works in not only the Yukon but all Public Service Commissions across this Country. As a Human Resources consultant of many years working with both Provincial, Municipal, Territorial, and Aboriginal governments I have never in the history of employee / employer labor relationship come across a unanimous agreement with the union, the Public Service Commission and a Disability Management unit that disrespects an employee. Until you have spoken to persons for all three of these groups and verified the employee comments. The article lacks credibility. Please do the correct thing and get each side of the story before you infer that the employee is not respected by either of them.

Up 43 Down 10

Yukoner on Aug 28, 2015 at 6:55 pm

Ok, so we have one side of the story. And what is telling is that the YEU is not supporting her. Hmmm. The victim card is a powerful one to play.

Up 51 Down 16

... not surprising on Aug 28, 2015 at 4:33 pm

There are far too many stories of ineffective Human Resource Managers, over their head in the position they hold and as a consequence employees being harassed and abused not only by dysfunctional coworkers but by Management. YTG in the last 10 years has become to a large extent dysfunctional workplace ... ever wonder why they stopped doing the "Employee Engagement" surveys?

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