Difference between revisions of "Sexual Harassment"

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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}}
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.


{{Dial-A-Law TOC|expanded = employment}}
==What you should know==
Sexual harassment, which is discrimination based on sex, is illegal under the BC ''Human Rights Code'' (available at [http://www.bclaws.ca www.bclaws.ca]). The BC Human Rights Tribunal handles discrimination complaints under provincial laws. This script explains the types of sexual harassment the Code prohibits and what you can do if someone sexually harasses you. Also, check the following scripts:
*[[Human Rights and Discrimination Protection (Script 236)|236]], called “Human Rights and Discrimination Protection”
*[[Protection Against Job Discrimination (Script 270)|270]], called “Protection against Job Discrimination”


This script does not explain the ''Canadian Human Rights Act'', which covers businesses and activities regulated by federal law. These include banks, airlines and airports, phone companies, and the federal government. If your case involves federal law, contact the Canadian Human Rights Commission at [http://www.chrc-ccdp.ca www.chrc-ccdp.ca] or phone 1.888.214.1090. If you don’t know whether the Tribunal or the Commission is the right office, contact either of them – they can guide you.
===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, including by email or online. It can be something in the environment such as displaying offensive pictures at work.


==What is sexual harassment?==
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 is unwelcome conduct of a sexual nature. Sexual harassment can occur in the workplace or away from it. Employees, tenants, students, and other people can be victims of harassment. It can interfere with an employee’s ability to do a job, or create a hostile, intimidating, or offensive work environment. It can affect a tenant’s rental housing situation or a student’s education.


==What is the law on sexual harassment?==
====Examples of sexual harassment====
The BC ''Human Rights Code'' protects people from sexual harassment in public services and in rental housing and employment situations. Everyone has the right to be free from sexual harassment in their job and in rental housing situations and services provided to the public generally. If sexual harassment is serious, it may be a crime under the ''Criminal Code'' of Canada – check script [[Stalking, Criminal Harassment and Cyberbullying (Script 206)|206]], called “Stalking, Criminal Harassment and Cyberbullying”. A victim may also be able to sue the person harassing them for damages.
Sexual harassment can include the following conduct:
 
* sexual behaviour you feel you must accept to keep your job, get a promotion, get a good grade, keep your apartment, or get repairs done
* unwanted touching, patting, or grabbing
* the unwanted display or sharing of pornography or suggestive pictures
* sexual leering, teasing, or telling obscene jokes (this could include sharing obscene jokes by email or other electronic means)
* making rude comments about someone’s gender presentation or treating someone badly because they don’t fit with sex-role stereotypes
* an invitation to dinner or some other social activity, from a supervisor, teacher, or landlord who implies you must accept it or face trouble in your job, school, or apartment
* an unwanted invitation from a supervisor, co-worker, teacher, or landlord that is continually repeated
 
Not all invitations are sexual harassment. An invitation can be an innocent, one-time request that you can accept or reject without any trouble.
 
===Several laws protect people from sexual harassment===
[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html The BC ''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 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.
 
[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-492/latest/rsbc-1996-c-492.html#sec5.1_smooth The ''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 [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec264_smooth a crime under the ''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. [[Stalking, Criminal Harassment, and Cyberbullying|See our information on criminal harassment for details]].
 
A target of sexual harassment may also be able to sue the person harassing them for damages to compensate them.
 
===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 that is '''unwelcome''', and
# 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).
 
Employers may be responsible for the harassment if they allow some workers to sexually harass others, instead of stopping the harassment.
 
==If you are sexually harassed==
 
===Step 1. React immediately, if possible===
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.
 
===Step 2. 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.


==What are some examples of sexual harassment?==
===Step 3. Make a human rights complaint===
Sexual harassment can include the following conduct:
If the harassment continues, you can [http://www.bchrt.bc.ca/ '''make a human rights complaint'''] to the BC Human Rights Tribunal. The tribunal deals with complaints [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html under the ''Human Rights Code'']. It operates like a court but is less formal.
*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'')
*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.
*an invitation to dinner or a movie, or to some other social activity, from a supervisor, teacher, or landlord who implies that you must accept it or face trouble in your job, school, or apartment.
*an unwanted invitation from a supervisor, co-worker, teacher, or landlord that is continually repeated.


But not all invitations are sexual harassment: they can be innocent and reasonable requests that you can accept or reject without any trouble.
You must file a complaint with the tribunal within '''one year''' of when the harassment happened. We explains the steps in [[Human Rights and Discrimination Protection|making a human rights complaint]] .


==What can you do if you are sexually harassed?==
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.
#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, or a co-worker.
#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.
#File a complaint with the BC Human Rights Tribunal – check script [[Human Rights and Discrimination Protection (Script 236)|236]] for details. The Tribunal website, at [http://www.bchrt.bc.ca www.bchrt.bc.ca], 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 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 Coalition website at [http://www.bchrcoalition.org www.bchrcoalition.org] or phone 604.689.8474 in Vancouver and 1.877.689.8474 elsewhere in BC.
#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.


==Are there time limits for filing a complaint or suing?==
The ''Human Rights Code'' prohibits anyone from threatening you or retaliating against you for filing a complaint.
Yes, there are time limits in both cases. You have 6 months from when the discrimination occurs to file a complaint with the Tribunal. If you wait more than 6 months, the Tribunal may still accept your complaint if it believes it is in the public interest to accept it and no party will be prejudiced (harmed) because of the delay. There are also time limits for suing in court – you need legal advice about that.


If you complain to the Tribunal and also file a complaint (or grievance) with a union, or sue the employer for wrongful dismissal, the Tribunal may wait until your other complaints and the lawsuit are finished, before dealing with your complaint.
===Step 4. 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]] and [[Starting a Lawsuit|starting a lawsuit]] for more details.


{| class="wikitable"
|align="left"|'''Tip'''
Make and keep a written record of every incident of harassment — when it occurs. Include the date and location, who else was present, and the details of the harassment. Tell someone else, like a trusted co-worker, friend, or family member that you are being harassed. Your written record, and the fact you told someone, may be important evidence if you file a complaint or sue.
|}


[updated January 2014]
==Who can help==


===With a harassment complaint===
The '''BC Human Rights Clinic''' provides assistance to eligible workers to file a human rights complaint.


----
* Call 1-855-685-6222
----
* [https://bchrc.net/ Visit website]


SHARP Workplaces offers free legal advice and support for those experiencing sexual harassment at work.
* Call 1-888-685-6222
* [https://thelawcentre.ca/ Visit website]


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Revision as of 04:10, 7 November 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Laura Track, Community Legal Assistance Society, and Katherine Hardie, BC Human Rights Tribunal in February 2018.

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.

What you should know

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, 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.

Examples of sexual harassment

Sexual harassment can include the following conduct:

  • sexual behaviour you feel you must accept to keep your job, get a promotion, get a good grade, keep your apartment, or get repairs done
  • unwanted touching, patting, or grabbing
  • the unwanted display or sharing of pornography or suggestive pictures
  • sexual leering, teasing, or telling obscene jokes (this could include sharing obscene jokes by email or other electronic means)
  • making rude comments about someone’s gender presentation or treating someone badly because they don’t fit with sex-role stereotypes
  • an invitation to dinner or some other social activity, from a supervisor, teacher, or landlord who implies you must accept it or face trouble in your job, school, or apartment
  • an unwanted invitation from a supervisor, co-worker, teacher, or landlord that is continually repeated

Not all invitations are sexual harassment. An invitation can be an innocent, one-time request that you can accept or reject without any trouble.

Several laws protect people from sexual harassment

The BC 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 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 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 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 criminal harassment for details.

A target of sexual harassment may also be able to sue the person harassing them for damages to compensate them.

Sexual harassment in the workplace

There are three key elements of sexual harassment in the workplace:

  1. conduct of a sexual or gender-based nature,
  2. conduct that is unwelcome, and
  3. 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).

Employers may be responsible for the harassment if they allow some workers to sexually harass others, instead of stopping the harassment.

If you are sexually harassed

Step 1. React immediately, if possible

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.

Step 2. 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.

Step 3. Make a human rights complaint

If the harassment continues, you can make a human rights complaint to the BC Human Rights Tribunal. The tribunal deals with complaints under the 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. We 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.

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

Step 4. 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 are fired and starting a lawsuit for more details.

Tip

Make and keep a written record of every incident of harassment — when it occurs. Include the date and location, who else was present, and the details of the harassment. Tell someone else, like a trusted co-worker, friend, or family member that you are being harassed. Your written record, and the fact you told someone, may be important evidence if you file a complaint or sue.

Who can help

With a harassment complaint

The BC Human Rights Clinic provides assistance to eligible workers to file a human rights complaint.

SHARP Workplaces offers free legal advice and support for those experiencing sexual harassment at work.

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