Transformative justice is an approach that seeks to address harm by looking at the root cause of the wrongdoing and transforming the underlying systems that enabled it to occur. In recent years, transformative justice has gained increasing attention in the context of workplace settings, as organizations grapple with issues of harassment, discrimination, and other forms of misconduct. By centring the needs and experiences of those impacted by harm, and working to foster accountability, empathy, and long-term change, transformative justice offers a powerful framework for creating safer, more just, and more equitable workplaces. In this post, we will explore common approaches to justice and their pitfalls and offer principles of transformative justice as an alternative, followed by how they can be applied to build more inclusive and respectful organizational cultures.
punitive justice
Most of us have been socialized into punitive justice – a system for addressing harm and conflict that focuses on punishing the offender for their wrongdoing. This is grounded in the belief that punishment will discourage future wrongdoing and uphold societal norms and laws. The punitive approach focuses on punishing the individual responsible for the harm, rather than addressing the root causes or the needs of the victim. Growing up this looks like getting detention or being put in time out, and as we get older the consequences range anywhere from getting cancelled by our peers or being sentenced to prison depending on the offence. Punitive justice in the workplace might take the form of an employer suspending or terminating an employee for harm or misconduct committed. In either context, the intention behind punitive justice is to remove the offender from their community which can be incredibly damaging and often leads to them enacting to the same harm again in the future. Punitive justice is ineffective because it does not address the root causes of misconduct, can lead to a cycle of the harmful behaviour, is costly, can lead to over-criminalization, and may disproportionately impact marginalized communities, resulting in systemic inequalities in the justice system.
restorative justice
Restorative justice is a framework for addressing harm and conflict that emphasizes repairing the harm caused by the wrongdoing and restoring relationships between the parties involved. It seeks to hold the offender accountable for their actions, whilst also prioritizing the needs and perspectives of the victim. This approach gives the offender an opportunity to make amends and take responsibility for their actions, rather than solely being punished. Restorative justice also recognizes the importance of community involvement and empowerment which is the opposite of the focus on isolation and removal from community in the punitive justice model. However, as the root of the word suggests – restorative justice responds to harm with the question of how can we restore the conditions of our relationships or circumstances that existed before the harm happened. Although this is a powerful step in the right direction away from punitive justice, it doesn’t address the underlying systems that give rise to acts of harmful behaviour. If the original conditions were unjust, then returning to those original conditions is not actually justice.
transformative justice
Transformative justice is an approach to addressing harm that goes beyond just repairing the harm that has been done. With this approach, the focus is on understanding and addressing the root causes of harm which is often connected to systemic oppression and inequality. Taking it a step further, transformative justice seeks to transform these systems and structures that perpetuate harm.
With the transformative justice approach, one must examine the contextual factors surrounding the harm, such as the environment, individuals involved, and belief systems. It involves identifying the factors that enabled a culture of silencing and allowed the pattern of harm to persist until it reached a crisis point. Additionally, it requires investigating the reasons that led to the escalation of harm and the factors that contributed to people thinking that their harmful behaviour was acceptable. Doing this work will inform the healing process and point to where the system needs to be transformed.
An example of transformative justice in the workplace is addressing an instance of harassment or discrimination between employees through facilitating open dialogue between the parties involved and bringing in third-party mediators to facilitate the process. In this scenario, simply firing the employee who harassed or discriminated against the other employee or compensating the victim does not identify and address any systemic issues or workplace norms that contributed to the harm, such as a lack of diversity and inclusion training or a culture of power imbalances. By addressing these underlying factors with transformative justice, the workplace can transform its culture and prevent similar incidents from occurring in the future.
applying principles of transformative justice to the workplace
Building more equitable and inclusive workplaces is made possible through applying principles of transformative justice. Here are a few examples:
- Foster accountability and responsibility: Transformative justice emphasizes the importance of taking responsibility for one’s actions and working to repair harm. This can involve acknowledging the impact of one’s behaviour, apologizing, and making amends. It’s a good idea to implement procedures for reporting harm in the workplace and to provide training and resources to employees on appropriate workplace behaviour. Holding individuals accountable for their actions is important for preventing harm and fostering a culture of respect and responsibility.
- Prioritize the needs of those impacted by harm: Transformative justice is survivor-centric, meaning it is led by those who are directly impacted by the harm and uplifts the voices and experiences of survivors. Consult with those impacted on their needs and provide them with support such as mental health resources that they may need in order to heal.
- Address systemic issues and change where necessary: Transformative justice goes beyond addressing individual acts of harm. It requires organizations to examine the underlying structures and systems that enabled these acts of harm to occur in the first place. This involves having an awareness of power dynamics that may exist within the organization and routinely examining policies, procedures, hiring practices, and compensation structures to ensure they are not creating more inequity and harm. Where necessary, leaders should enact systemic change and replace these systems with more equitable and just practices.
- Build empathy and understanding: Transformative justice encourages community-building. In the workplace, this looks like creating a culture of active-listening especially in the context of harm so that employees are able to understand the perspectives of those impacted by harm. Providing opportunities for dialogue, education, and awareness-raising in the workplace creates an environment of respect and empathy.
- Value DEI before the crisis point: Transformative justice aims to address harm at the early stages before it has a chance to grow or develop further. Workplaces that provide a supportive and safe work environment for employees and value diversity, equity, and inclusion are more likely to prevent harm and conflict from occurring in the first place. Creating employee resource groups, providing diversity and inclusion training, and having open communication channels are all ways to be proactive in fostering conditions that deter misconduct.
- Restorative practices: Transformative justice focuses on repairing harm and restoring relationships between the offender and victim. Having expertise in facilitating discussions and mediating conflicts, or bringing in a trained professional to do so, is crucial in the workplace to address any harm and work towards reaching a mutually acceptable resolution for all parties involved.