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Difference between revisions of "Sexual Harassment"
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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''' | 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 | #conduct of a sexual or gender-based nature, | ||
#conduct that is | #conduct that is unwelcome, and | ||
#conduct that | #conduct that detrimentally affects the work environment or leads to negative job-related consequences. | ||
"Gender based" refers to behaviour that | "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 ''' | 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 | 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. | ||
