2,734
edits
Difference between revisions of "BC Human Rights Code (6:III)"
From Clicklaw Wikibooks
BC Human Rights Code (6:III) (view source)
Revision as of 21:49, 20 December 2022
, 21:49, 20 December 2022→8. Sex (Including Sexual Harassment and Pregnancy)
| Line 426: | Line 426: | ||
Sexual harassment can take a number of forms. One such form may occur when the employer or a supervisory employee requires another employee to submit to sexual advances as a condition of obtaining or keeping employment or employment-related benefits. It may also occur when employees are forced to work in an environment that is hostile, offensive, or intimidating, such as where an employer allows pornography to be posted in the workplace. It is not generally necessary for an employee to make an internal complaint to their employer before filing a complaint, although this may be relevant to the compensation the employer is ordered to pay if the complaint is successful. There is also no requirement of continuing harassment; a single incident may be sufficient if it is sufficiently egregious. | Sexual harassment can take a number of forms. One such form may occur when the employer or a supervisory employee requires another employee to submit to sexual advances as a condition of obtaining or keeping employment or employment-related benefits. It may also occur when employees are forced to work in an environment that is hostile, offensive, or intimidating, such as where an employer allows pornography to be posted in the workplace. It is not generally necessary for an employee to make an internal complaint to their employer before filing a complaint, although this may be relevant to the compensation the employer is ordered to pay if the complaint is successful. There is also no requirement of continuing harassment; a single incident may be sufficient if it is sufficiently egregious. | ||
Whether the conduct was “unwelcome” is assessed on an objective standard: would a reasonable person have known that the conduct was unwelcome? If the respondent knew or ought to have known that the conduct was unwelcome, this part of the test is made out. A target of harassment is not required to expressly object to the conduct for it to be reasonably understood to be unwelcome. The law recognizes that a person's | Whether the conduct was “unwelcome” is assessed on an objective standard: would a reasonable person have known that the conduct was unwelcome? If the respondent knew or ought to have known that the conduct was unwelcome, this part of the test is made out. A target of harassment is not required to expressly object to the conduct for it to be reasonably understood to be unwelcome. The law recognizes that a person's behaviour "may be tolerated and yet unwelcome at the same time" (''[https://www.canlii.org/en/bc/bchrt/doc/1999/1999bchrt56/1999bchrt56.html Mahmoodi v. University of British Columbia and Dutton]'', 1999 BCHRT 56 at para 140) | ||
It must also be shown that the alleged discriminatory conduct is “reasonably perceived to create a negative psychological and emotional environment for work” (''Janzen'' at 1263). The test must also take into account the customary boundaries of social interaction in the circumstances. Factors that are examined to determine the limits of reasonableness in a particular context include the nature of the conduct, the workplace environment, the type of prior personal interaction, and whether a prior objection or complaint was made. It is no defence to harassment, however, to show that harassing behaviour was traditionally tolerated in a workplace. | It must also be shown that the alleged discriminatory conduct is “reasonably perceived to create a negative psychological and emotional environment for work” (''Janzen'' at 1263). The test must also take into account the customary boundaries of social interaction in the circumstances. Factors that are examined to determine the limits of reasonableness in a particular context include the nature of the conduct, the workplace environment, the type of prior personal interaction, and whether a prior objection or complaint was made. It is no defence to harassment, however, to show that harassing behaviour was traditionally tolerated in a workplace. | ||
