Upwards Harassment: The Overlooked Gap in Workplace Policies

When most organizations design their workplace harassment policies, they focus on top-down dynamics—managers or leaders mistreating employees who report to them. But recent cases highlight a critical gap: upwards harassment, where employees target their supervisors.

A recent BC Human Rights Tribunal decision illustrates this point vividly. In Knowles v Ontime Moving Corporation, the Tribunal found that an employer discriminated against its President by failing to respond properly to her repeated complaints of sexual harassment by a subordinate.

The employer argued that, as President, she could have disciplined her subordinate herself. The Tribunal disagreed—and with good reason.

What Happened in This Case

The facts were troubling. The President reported that her subordinate, Joe:

• Exposed himself and made sexual demands
• Hit her on the buttocks
• Referred to her with degrading pet names
• Repeatedly crossed boundaries despite her objections

Despite multiple reports, the employer’s response was minimal. Joe was asked to attend a “meeting,” and the President was encouraged to “stay strong.” There was no proper investigation, no formal harassment programme in place, and ultimately, no meaningful action.

At the hearing, the employer suggested that the President should have disciplined Joe herself. But the Tribunal recognised the reality:

• Joe had originally hired her and held more seniority in practice
• He was quick to anger
• She had no training on employee discipline
• The true power imbalance ran in the opposite direction

This case is a stark reminder that job titles don’t always reflect actual workplace power dynamics.

Why Upwards Harassment Happens

Research shows that upwards harassment is more common than many realise, particularly for women and underrepresented groups in leadership roles:

• Female supervisors are more likely to face harassment than non-supervisors, as harassment is often used to challenge women’s authority.
• Sexual harassment is not about attraction—it is about dominance, control, and questioning the legitimacy of another’s power.
• Members of underrepresented groups—including racial minorities, younger or older workers, and women—are disproportionately targeted in upwards bullying and harassment.

For leaders caught in this situation, the barriers to reporting can be immense. Fear of undermining their own authority, concerns about retaliation, or doubts about whether they’ll be taken seriously often prevent them from coming forward.

What Employers and HR Leaders Should Do

To build a truly safe and equitable workplace, employers must treat upwards harassment with the same seriousness as any other kind. That means:

• Explicitly recognising upwards harassment in policies and training
• Equipping supervisors with tools, training, and support for handling harassment—even if it comes from subordinates
• Guaranteeing access to harassment procedures for supervisors, without fear that their complaints will be dismissed as a weakness
• Responding swiftly and meaningfully to all complaints, regardless of the complainant’s or respondent’s job title

Harassment is not just a “top-down” problem. True workplace equity requires looking at power from every angle.

Further Reading

• Sexual Harassment of Women Leaders – Daedalus (MIT Press)
• Workplace Bullying Institute – 2021 Report
• JSTOR: Women in Authority and Sexual Harassment (may require library access)

Takeaway: Upwards harassment is real, harmful, and too often ignored. Employers must recognise it, plan for it, and act on it if they want to create workplaces that are truly safe and inclusive.

Contact me to learn how Clausework can support you in mitigating upwards harassment at work.