Sexual Harassment - Revision history

Elena Renderos at 05:31, 10 October 2023

2023-10-10T05:31:25Z

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Elena Renderos at 04:10, 7 November 2020

2020-11-07T04:10:55Z

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Elena Renderos: Elena Renderos moved page Sexual Harassment (No. 271) to Sexual Harassment: Removing recording numbers from page names

2020-09-12T04:47:27Z

Elena Renderos moved page Sexual Harassment (No. 271) to Sexual Harassment: Removing recording numbers from page names

← Older revision	Revision as of 04:47, 12 September 2020
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Drew Jackson at 22:12, 29 March 2019

2019-03-29T22:12:57Z

← Older revision		Revision as of 22:12, 29 March 2019
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	{{REVIEWEDPLS \| reviewer = [http://www.clasbc.net/laura_track Laura Track], Community Legal Assistance Society, and [http://dir.gov.bc.ca/gtds.cgi?esearch=&view=detailed&sortBy=name&for=people&attribute=name&matchMethod=is&searchString=Katherine+Hardie&objectId=43315 Katherine Hardie], BC Human Rights Tribunal\|date= February 2018}} {{Dial-A-Law TOC\|expanded = work}}		{{REVIEWEDPLS \| reviewer = [http://www.clasbc.net/laura_track Laura Track], Community Legal Assistance Society, and [http://dir.gov.bc.ca/gtds.cgi?esearch=&view=detailed&sortBy=name&for=people&attribute=name&matchMethod=is&searchString=Katherine+Hardie&objectId=43315 Katherine Hardie], BC Human Rights Tribunal\|date= February 2018}} {{Dial-A-Law TOC\|expanded = work}}
	Harassment is conduct a reasonable person would consider objectionable or unwelcome. Learn your rights when harassment involves conduct of a sexual nature, as well as options if you’re sexually harassed.		'''Harassment''' is conduct a reasonable person would consider objectionable or unwelcome. Learn your rights when harassment involves conduct of a sexual nature, as well as options if you’re sexually harassed.

	==Understand your legal rights==		==Understand your legal rights==
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	:Web: [http://thelawcentre.ca/ thelawcentre.ca]		:Web: [http://thelawcentre.ca/ thelawcentre.ca]


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Elena Renderos at 06:21, 29 March 2019

2019-03-29T06:21:50Z

← Older revision		Revision as of 06:21, 29 March 2019
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	{{~~Dial-A-Law Blurb~~}}		{{REVIEWEDPLS \| reviewer = [http://www.clasbc.net/laura_track Laura Track], Community Legal Assistance Society, and [http://dir.gov.bc.ca/gtds.cgi?esearch=&view=detailed&sortBy=name&for=people&attribute=name&matchMethod=is&searchString=Katherine+Hardie&objectId=43315 Katherine Hardie], BC Human Rights Tribunal\|date= February 2018}} {{Dial-A-Law TOC\|expanded = work}}

	{{Dial-A-Law TOC\|expanded = ~~employment~~}}
	Harassment is conduct a reasonable person would consider objectionable or unwelcome. Learn your rights when harassment involves conduct of a sexual nature, as well as options if you’re sexually harassed.		Harassment is conduct a reasonable person would consider objectionable or unwelcome. Learn your rights when harassment involves conduct of a sexual nature, as well as options if you’re sexually harassed.

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	===Several laws protect people from sexual harassment===		===Several laws protect people from sexual harassment===
	The BC ''[http://canlii.ca/t/843q Human Rights Code]'' protects people from sexual harassment and other forms of discrimination in a number of areas. Our information on [[Human Rights and Discrimination Protection (~~Script~~ 236)\|human rights and discrimination protection (no. 236)]] explains that when someone is treated differently than others based on personal characteristics such as the colour of their skin or their age, it’s called '''discrimination'''. The ''Human Rights Code'' protects people from being treated differently based on their sex, sexual orientation, or gender identity or expression in several areas: in the workplace, in rental housing, by service providers, and in publications. This includes the right to be free from sexual harassment in these contexts.		The BC ''[http://canlii.ca/t/843q Human Rights Code]'' protects people from sexual harassment and other forms of discrimination in a number of areas. Our information on [[Human Rights and Discrimination Protection (No. 236)\|human rights and discrimination protection (no. 236)]] explains that when someone is treated differently than others based on personal characteristics such as the colour of their skin or their age, it’s called '''discrimination'''. The ''Human Rights Code'' protects people from being treated differently based on their sex, sexual orientation, or gender identity or expression in several areas: in the workplace, in rental housing, by service providers, and in publications. This includes the right to be free from sexual harassment in these contexts.

	The ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-492/latest/rsbc-1996-c-492.html#sec5.1_smooth Workers’ Compensation Act]'' deals with harassment, which includes sexual harassment. A worker who is sexually harassed at work and suffers a mental disorder from it, may be able to get '''workers’ compensation'''. Employers must have policies to prevent and respond to harassment and bullying in the workplace.		The ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-492/latest/rsbc-1996-c-492.html#sec5.1_smooth Workers’ Compensation Act]'' deals with harassment, which includes sexual harassment. A worker who is sexually harassed at work and suffers a mental disorder from it, may be able to get '''workers’ compensation'''. Employers must have policies to prevent and respond to harassment and bullying in the workplace.

	If sexual harassment is serious enough, it may be a crime under the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec264_smooth Criminal Code]''. The offence of '''criminal harassment''' prohibits harassing behaviour that a person knows (or is reckless) is harassing the victim and causes them to reasonably fear for their safety. See our information on [[Stalking, Criminal Harassment and Cyberbullying (~~Script~~ 206)\|criminal harassment (no. 206)]] for details.		If sexual harassment is serious enough, it may be a crime under the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec264_smooth Criminal Code]''. The offence of '''criminal harassment''' prohibits harassing behaviour that a person knows (or is reckless) is harassing the victim and causes them to reasonably fear for their safety. See our information on [[Stalking, Criminal Harassment, and Cyberbullying (No. 206)\|criminal harassment (no. 206)]] for details.

	A target of sexual harassment may also be able to sue the person harassing them for damages to compensate them.		A target of sexual harassment may also be able to sue the person harassing them for damages to compensate them.
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	If the harassment continues, you can '''make a human rights complaint''' to the BC [http://www.bchrt.bc.ca/ Human Rights Tribunal]. The tribunal deals with complaints under the ''[http://canlii.ca/t/843q Human Rights Code]''. It operates like a court but is less formal.		If the harassment continues, you can '''make a human rights complaint''' to the BC [http://www.bchrt.bc.ca/ Human Rights Tribunal]. The tribunal deals with complaints under the ''[http://canlii.ca/t/843q Human Rights Code]''. It operates like a court but is less formal.

	You must file a complaint with the tribunal within '''one year''' of when the harassment happened. Our information on [[Human Rights and Discrimination Protection (~~Script~~ 236)\|human rights and discrimination protection (no. 236)]] explains the steps in making a human rights complaint.		You must file a complaint with the tribunal within '''one year''' of when the harassment happened. Our information on [[Human Rights and Discrimination Protection (No. 236)\|human rights and discrimination protection (no. 236)]] explains the steps in making a human rights complaint.

	If the ''Human Rights 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 resolve the complaint. 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 for lost income (including wages and disability and other benefits) and expenses. The tribunal can also order the person who harassed you to compensate you for injury to your dignity, feelings, and self-respect.		If the ''Human Rights 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 resolve the complaint. 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 for lost income (including wages and disability and other benefits) and expenses. The tribunal can also order the person who harassed you to compensate you for injury to your dignity, feelings, and self-respect.
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	====Sue for wrongful dismissal====		====Sue for wrongful dismissal====
	If you leave your job because of the harassment, you may also be able to sue in court for '''wrongful dismissal'''. You may be able to recover more in damages than in a human rights complaint. On the other hand, bringing a lawsuit is an involved and expensive process. See our information on [[If You~~'re~~ Fired - Wrongful Dismissal (~~Script~~ 241)\|if you are fired (no. 241)]] and [[~~What is Small Claims Court?~~ (~~Script~~ 165)\|starting a lawsuit (no. 165)]] for more details.		If you leave your job because of the harassment, you may also be able to sue in court for '''wrongful dismissal'''. You may be able to recover more in damages than in a human rights complaint. On the other hand, bringing a lawsuit is an involved and expensive process. See our information on [[If You Are Fired: Wrongful Dismissal (No. 241)\|if you are fired (no. 241)]] and [[Starting a Lawsuit (No. 165)\|starting a lawsuit (no. 165)]] for more details.

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	:Web: [http://thelawcentre.ca/ thelawcentre.ca]		:Web: [http://thelawcentre.ca/ thelawcentre.ca]



	~~[updated February 2018]~~

	'''The above was last reviewed for legal accuracy and edited by [http://www.clasbc.net/laura_track Laura Track], Community Legal Assistance Society, and [http://dir.gov.bc.ca/gtds.cgi?esearch=&view=detailed&sortBy=name&for=people&attribute=name&matchMethod=is&searchString=Katherine+Hardie&objectId=43315 Katherine Hardie], BC Human Rights Tribunal.'''

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	{{Dial-A-Law Copyright}}		{{Dial-A-Law Copyright}}

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Drew Jackson: Drew Jackson moved page Sexual Harassment (Script 271) to Sexual Harassment (No. 271): align with new Dial-A-Law website

2019-03-22T00:09:15Z

Drew Jackson moved page Sexual Harassment (Script 271) to Sexual Harassment (No. 271): align with new Dial-A-Law website

← Older revision	Revision as of 00:09, 22 March 2019
(No difference)

Drew Jackson: /* Several laws protect people from sexual harassment */

2019-03-11T22:53:41Z

Several laws protect people from sexual harassment

← Older revision		Revision as of 22:53, 11 March 2019
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	===Several laws protect people from sexual harassment===		===Several laws protect people from sexual harassment===
	The BC ''[http://canlii.ca/t/843q Human Rights Code]'' protects people from sexual harassment and other forms of discrimination in a number of areas. Our information on [[Human Rights and Discrimination Protection (Script 236)\|human rights and discrimination protection (no. 236)]] explains that when someone is treated differently than others based on personal characteristics such as the colour of their skin or their age, it’s called discrimination. The ''Human Rights Code'' protects people from being treated differently based on their sex, sexual orientation, or gender identity or expression in several areas: in the workplace, in rental housing, by service providers, and in publications. This includes the right to be free from sexual harassment in these contexts.		The BC ''[http://canlii.ca/t/843q Human Rights Code]'' protects people from sexual harassment and other forms of discrimination in a number of areas. Our information on [[Human Rights and Discrimination Protection (Script 236)\|human rights and discrimination protection (no. 236)]] explains that when someone is treated differently than others based on personal characteristics such as the colour of their skin or their age, it’s called '''discrimination'''. The ''Human Rights Code'' protects people from being treated differently based on their sex, sexual orientation, or gender identity or expression in several areas: in the workplace, in rental housing, by service providers, and in publications. This includes the right to be free from sexual harassment in these contexts.

	The ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-492/latest/rsbc-1996-c-492.html#sec5.1_smooth Workers’ Compensation Act]'' deals with harassment, which includes sexual harassment. A worker who is sexually harassed at work and suffers a mental disorder from it, may be able to get '''workers’ compensation'''. Employers must have policies to prevent and respond to harassment and bullying in the workplace.		The ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-492/latest/rsbc-1996-c-492.html#sec5.1_smooth Workers’ Compensation Act]'' deals with harassment, which includes sexual harassment. A worker who is sexually harassed at work and suffers a mental disorder from it, may be able to get '''workers’ compensation'''. Employers must have policies to prevent and respond to harassment and bullying in the workplace.

Drew Jackson: /* Sexual harassment in the workplace */

2019-03-11T22:47:24Z

Sexual harassment in the workplace

← Older revision		Revision as of 22:47, 11 March 2019
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	===Sexual harassment in the workplace===		===Sexual harassment in the workplace===
	There are three key elements of sexual harassment in the workplace:		There are three key elements of sexual harassment in the workplace:
	#conduct of a sexual or gender-based nature,		#conduct of a '''sexual or gender-based nature''',
	#conduct that is unwelcome, and		#conduct that is '''unwelcome''', and
	#conduct that detrimentally affects the work environment or leads to negative job-related consequences.		#conduct that '''detrimentally affects''' the work environment or leads to negative job-related consequences.

	"Gender-based" refers to comments or behaviour that relate specifically to gender. The offensive behaviour may reference gender (for example, use of gender-based insults or slurs) or the behaviour may occur because of gender (for example, an offensive joke does not refer to sex, but the joke is played to embarrass the person because she is a woman).		"Gender-based" refers to comments or behaviour that relate specifically to gender. The offensive behaviour may reference gender (for example, use of gender-based insults or slurs) or the behaviour may occur because of gender (for example, an offensive joke does not refer to sex, but the joke is played to embarrass the person because she is a woman).

Drew Jackson at 22:46, 11 March 2019

2019-03-11T22:46:16Z

Dial-A-Law: /* Talk to your employer */

2019-03-03T07:22:50Z

Talk to your employer

← Older revision		Revision as of 07:22, 3 March 2019
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	React immediately and directly, if possible. Sometimes you can talk to the person harassing you. The best response may be to tell the person 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.		React immediately and directly, if possible. Sometimes you can talk to the person harassing you. The best response may be to tell the person 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.

	===Talk to your employer===		====Talk to your employer====
	If the harassment takes place at work, '''talk to your 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.		If the harassment takes place at work, '''talk to your 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.

← Older revision		Revision as of 22:46, 11 March 2019
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	===Sexual harassment is unwelcome conduct of a sexual nature===		===Sexual harassment is unwelcome conduct of a sexual nature===
	'''Sexual harassment''' can take many forms. It can be physical conduct such as grabbing, kissing or other unwelcome touching that has a sexual connotation. It can be verbal conduct such as making derogatory comments about a person's appearance, telling crude jokes, or making sexual propositions. It can be something in the environment such as displaying offensive pictures at work.		'''Sexual harassment''' can take many forms. It can be physical conduct such as grabbing, kissing or other unwelcome touching that has a sexual connotation. It can be verbal conduct such as making derogatory comments about a person's appearance, telling crude jokes, or making sexual propositions, including by email or online. It can be something in the environment such as displaying offensive pictures at work.

	Sexual harassment can occur in many different settings. It can occur in the workplace, interfering with a worker’s ability to do their job, or creating a hostile or offensive work environment. It can affect a tenant’s rental housing situation. It can impact a student’s education.		Sexual harassment can occur in many different settings. It can occur in the workplace, interfering with a worker’s ability to do their job, or creating a hostile or offensive work environment. It can affect a tenant’s rental housing situation. It can impact a student’s education.
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	The ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-492/latest/rsbc-1996-c-492.html#sec5.1_smooth Workers’ Compensation Act]'' deals with harassment, which includes sexual harassment. A worker who is sexually harassed at work and suffers a mental disorder from it, may be able to get '''workers’ compensation'''. Employers must have policies to prevent and respond to harassment and bullying in the workplace.		The ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-492/latest/rsbc-1996-c-492.html#sec5.1_smooth Workers’ Compensation Act]'' deals with harassment, which includes sexual harassment. A worker who is sexually harassed at work and suffers a mental disorder from it, may be able to get '''workers’ compensation'''. Employers must have policies to prevent and respond to harassment and bullying in the workplace.

	If sexual harassment is serious enough, it may be a crime under the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec264_smooth Criminal Code]''. The offence of '''criminal harassment''' ~~features~~ harassing behaviour that a person knows (or is reckless) is harassing the victim and causes them to reasonably fear for their safety. See our information on [[Stalking, Criminal Harassment and Cyberbullying (Script 206)\|criminal harassment (no. 206)]] for details.		If sexual harassment is serious enough, it may be a crime under the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec264_smooth Criminal Code]''. The offence of '''criminal harassment''' prohibits harassing behaviour that a person knows (or is reckless) is harassing the victim and causes them to reasonably fear for their safety. See our information on [[Stalking, Criminal Harassment and Cyberbullying (Script 206)\|criminal harassment (no. 206)]] for details.

	A target of sexual harassment may also be able to sue the person harassing them for damages to compensate them.		A target of sexual harassment may also be able to sue the person harassing them for damages to compensate them.
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	===Sexual harassment in the workplace===		===Sexual harassment in the workplace===
	There are three key elements of sexual harassment in the workplace:		There are three key elements of sexual harassment in the workplace:
	#conduct of a sexual ~~nature which is '''~~gender based~~'''~~,		#conduct of a sexual or gender-based nature,
	#conduct that is ~~'''~~unwelcome~~'''~~, and		#conduct that is unwelcome, and
	#conduct that ~~'''~~detrimentally affects~~'''~~ the work environment or leads to ~~adverse~~ job-related consequences.		#conduct that detrimentally affects the work environment or leads to negative job-related consequences.

	"Gender based" refers to behaviour that ~~relates~~ specifically to gender. The offensive behaviour ~~references~~ gender (for example, ~~an overt sexual solicitation~~) or the behaviour ~~occurs~~ because of ~~the~~ gender (for example, an offensive joke does not refer to sex, but the joke is played to embarrass the person because she is a woman).		"Gender-based" refers to comments or behaviour that relate specifically to gender. The offensive behaviour may reference gender (for example, use of gender-based insults or slurs) or the behaviour may occur because of gender (for example, an offensive joke does not refer to sex, but the joke is played to embarrass the person because she is a woman).

	Employers may be responsible for the harassment if they allow some workers to sexually harass others, instead of stopping the harassment.		Employers may be responsible for the harassment if they allow some workers to sexually harass others, instead of stopping the harassment.
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	If the harassment continues, you can '''make a human rights complaint''' to the BC [http://www.bchrt.bc.ca/ Human Rights Tribunal]. The tribunal deals with complaints under the ''[http://canlii.ca/t/843q Human Rights Code]''. It operates like a court but is less formal.		If the harassment continues, you can '''make a human rights complaint''' to the BC [http://www.bchrt.bc.ca/ Human Rights Tribunal]. The tribunal deals with complaints under the ''[http://canlii.ca/t/843q Human Rights Code]''. It operates like a court but is less formal.

	You must file a complaint with the tribunal within '''~~six months~~''' of when the harassment happened. Our information on [[Human Rights and Discrimination Protection (Script 236)\|human rights and discrimination protection (no. 236)]] explains the steps in making a human rights complaint.		You must file a complaint with the tribunal within '''one year''' of when the harassment happened. Our information on [[Human Rights and Discrimination Protection (Script 236)\|human rights and discrimination protection (no. 236)]] explains the steps in making a human rights complaint.

	If the ''Human Rights 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 complaint. 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 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 for injury to your dignity, feelings, and self-respect.		If the ''Human Rights 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 resolve the complaint. 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 for lost income (including wages and disability and other benefits) and expenses. The tribunal can also order the person who harassed you to compensate you for injury to your dignity, feelings, and self-respect.

	The ''Human Rights Code'' prohibits anyone from threatening you or retaliating against you for filing a complaint.		The ''Human Rights Code'' prohibits anyone from threatening you or retaliating against you for filing a complaint.