3,009
edits
Difference between revisions of "Sexual Harassment"
From Clicklaw Wikibooks
no edit summary
Dial-A-Law (talk | contribs) |
Dial-A-Law (talk | contribs) |
||
| Line 19: | Line 19: | ||
Sexual harassment can include the following conduct: | Sexual harassment can include the following conduct: | ||
*sexual behaviour that you feel you must accept to keep your job, get a promotion, get a good mark, keep your apartment, or get repairs done. | *sexual behaviour that you feel you must accept to keep your job, get a promotion, get a good mark, keep your apartment, or get repairs done. | ||
*unwanted touching, patting, or grabbing (which may also be a crime under the ''Criminal Code'') | *unwanted touching, patting, or grabbing (which may also be a crime under the ''[http://laws-lois.justice.gc.ca/eng/acts/C-46/index.html Criminal Code]'') | ||
*the unwanted display of sexual pictures such as pin-ups; employers may be responsible for harassment if they allow some employees to harass others, instead of stopping the behaviour. | *the unwanted display of sexual pictures such as pin-ups; employers may be responsible for harassment if they allow some employees to harass others, instead of stopping the behaviour. | ||
*sexual leering, teasing, or telling obscene jokes. | *sexual leering, teasing, or telling obscene jokes. | ||
| Line 29: | Line 29: | ||
==What can you do if you are sexually harassed?== | ==What can you do if you are sexually harassed?== | ||
#React immediately and directly, if possible. Sometimes you can talk to the person harassing you. The best response may be to tell the person that you don’t welcome or accept the behaviour, and if they repeat it, you will report it. But sometimes, talking to the harasser won’t work. The next parts explain what else you can do. | #React immediately and directly, if possible. Sometimes you can talk to the person harassing you. The best response may be to tell the person that you don’t welcome or accept the behaviour, and if they repeat it, you will report it. But sometimes, talking to the harasser won’t work. The next parts explain what else you can do. | ||
#If you’re an employee, talk to your company supervisor or human resources person. Find out your employer’s policy on human rights complaints. If you belong to a union, talk to the union steward. You have a right under the collective agreement between the union and employer to complain to the union about sexual harassment by the employer, a supervisor, | #If you’re an employee, talk to your company supervisor or human resources person. Find out your employer’s policy on human rights complaints. If you belong to a union, talk to the union steward. You have a right under the collective agreement between the union and employer to complain to the union about sexual harassment by the employer, a supervisor, a co-worker, or a customer. | ||
#Make and keep a written record of every incident of harassment – when it occurs. Tell someone else, like a trusted co-worker, friend, or family member that you are being harassed. Your written record, and the fact that you told someone, may be important evidence if you file a complaint or sue. | #Make and keep a written record of every incident of harassment – when it occurs. Tell someone else, like a trusted co-worker, friend, or family member that you are being harassed. Your written record, and the fact that you told someone, may be important evidence if you file a complaint or sue. | ||
# | #If the harassment continues, file a complaint with the BC Human Rights Tribunal – check script [[Human Rights and Discrimination Protection (Script 236)|236]] for details. The [http://www.bchrt.bc.ca Tribunal website] explains how to do this. Phone the Tribunal at 604.775.2000 in Vancouver and 1.888.440.8844 elsewhere in BC. If the Code covers your complaint, the Tribunal will ask the other person to reply to your complaint. The Tribunal will try to help you and the other person settle the case. If that’s not possible, the Tribunal may hold a hearing. If your complaint is justified, the Tribunal can make orders to stop the harassment and pay you money – called damages – for lost income (including wages and disability and other benefits) and expenses. The Tribunal can also order the person who harassed you to pay you damages for injury to your dignity, feelings, and self respect. | ||
#:The Code prohibits anyone from threatening you for filing a complaint. | #:The Code prohibits anyone from threatening you for filing a complaint. | ||
#:The Human Rights Clinic may be able to help you file a complaint with the Tribunal and help you at a hearing. The Clinic is a project of the BC Human Rights Coalition and the Community Legal Assistance Society. Check the | #:The Human Rights Clinic may be able to help you file a complaint with the Tribunal and help you at a hearing. The Clinic is a project of the BC Human Rights Coalition and the Community Legal Assistance Society. Check the [http://www.bchrcoalition.org Coalition website] or phone 604.622.1100 in Vancouver and 1.855.685.6222 elsewhere in BC. Live phone help is available only Monday, Wednesday and Friday. | ||
#If you lose your job because of discrimination, you may also be able to sue in court for wrongful dismissal. Check script [[If You're Fired - Wrongful Dismissal (Script 241)|241]], called “If You're Fired - Wrongful Dismissal”, for more information. But complaining to the Tribunal may work better in this type of case. As well, a wrongful dismissal lawsuit can be complicated and expensive, so if you are thinking about suing, get legal advice first. | #If you lose your job because of discrimination, you may also be able to sue in court for wrongful dismissal. Check script [[If You're Fired - Wrongful Dismissal (Script 241)|241]], called “If You're Fired - Wrongful Dismissal”, for more information. But complaining to the Tribunal may work better in this type of case. As well, a wrongful dismissal lawsuit can be complicated and expensive, so if you are thinking about suing, get legal advice first. | ||
#Contact a lawyer for legal advice about what you can do. For the name of a lawyer, call the Lawyer Referral Service at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in BC. | #Contact a lawyer for legal advice about what you can do. For the name of a lawyer, call the Lawyer Referral Service at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in BC. | ||
| Line 43: | Line 43: | ||
[updated | [updated November 2015] | ||
