Difference between revisions of "Sexual Harassment"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://www.ascentemploymentlaw.ca/about-us Richard Johnson], Ascent Employment Law and [https://www.mooreedgarlyster.com/lawyers/sara-hanson Sara Hanson], Moore Edgar Lyster LLP|date= August 2021}} {{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}}
==Common questions==
Sexual harassment, which is discrimination based on sex, is illegal under the BC ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96210_01 Human Rights Code]''. 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:
===What is sexual harassment?===
*[[Human Rights and Discrimination Protection (Script 236)|236]], called “Human Rights and Discrimination Protection”
'''Sexual harassment''' is a form of discrimination based on sex. '''Sex discrimination''' occurs when you’re treated badly or denied a benefit because of your:
*[[Protection Against Job Discrimination (Script 270)|270]], called “Protection against Job Discrimination”
* sex,
* sexual orientation, or
* gender identity or expression.


This script does not explain the ''[http://laws-lois.justice.gc.ca/eng/acts/H-6/ 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 [http://www.chrc-ccdp.ca/ Canadian Human Rights Commission] at 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 can take many forms. It can be a physical act, like unwanted touching or kissing. It can be verbal, like making demeaning comments about how someone looks. It can also be less direct, like someone displaying inappropriate pictures at work.


==What is sexual harassment?==
Sexual harassment can have an impact in many settings. It can affect your ability to do your job, find somewhere to live, or otherwise enjoy activities of daily life. BC’s [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html#sec8_smooth ''Human Rights Code''] prohibits sex discrimination, including sexual harassment, in specific contexts. The Code offers protection from sexual harassment when you’re shopping or receiving a service, renting accommodation, and working in your job.
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?==
===Someone is sexually harassing me at work. What are my options?===
The BC ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96210_01 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.
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.


Section 5.1 of the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96492_00 Workers’ Compensation Act]'' deals with harassment, which includes sexual harassment. Employers must have policies to prevent and respond to harassment and bullying in the workplace. A worker who is sexually harassed at work and suffers a mental disorder from it, may be able to get workers’ compensation (if the harassment did not involve a physical injury). Script [[Workers' Compensation (Script 285)|285]] explains workers’ compensation.  
If you’re being sexually harassed at your workplace, take action as soon as possible. Let the harasser know that you don’t accept the behaviour and you want it to stop. Tell them you’ll report it if it continues.


==What are some examples of sexual harassment?==
If dealing directly with the harasser doesn’t work, you can talk to your employer or someone in human resources. Find out your employer’s policy on human rights complaints. All employers in BC are required to have a policy on bullying and harassment, which should include a complaint process. If you belong to a union, talk to the union representative.
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.
*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.
*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.
If the behaviour continues, you can make a human rights complaint to the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal]. If the tribunal finds your complaint justified, they can make an order to stop the harassment. As well, they can order the harasser to compensate you for lost income or expenses and injury to your dignity, feelings, and self-respect.


==What can you do if you are sexually harassed?==
If the sexual harassment you experience results in you developing a mental disorder, you may be entitled to '''workers’ compensation'''. See the [https://www.worksafebc.com/en/claims/report-workplace-injury-illness/how-workers-report-workplace-injury-illness WorkSafeBC website] for further guidance.
#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, 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.
#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 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.
#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?==
We take you through these steps in detail in our in-depth coverage of [https://www.peopleslawschool.ca/if-you-are-sexually-harassed-at-work/ if you’re sexually harassed at work].
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.
===Are there agencies that can help me if I’m being sexually harassed at work?===
Yes. The [https://endingviolence.org/ Ending Violence Association of BC] and the [https://clasbc.net/ Community Legal Assistance Society] have teamed up on a project called [https://clasbc.net/get-legal-help/sexual-harassment-in-the-workplace/ '''SHARP Workplaces''']. Workers who are experiencing (or have experienced) sexual harassment at work can attend a legal clinic where they can speak to a lawyer for free. The lawyer can help you with all aspects of your case. For example, they can explain your legal rights, coach you through the complaint process, or help you draft documents.


The [https://bchrc.net/ '''BC Human Rights Clinic'''] provides legal help to people who have cases before the BC Human Rights Tribunal. You can speak to a lawyer or legal advocate — for free — who can give you advice or represent you in your matter.


[updated November 2015]
===My co-worker keeps making suggestive comments about me even after I asked them to stop. Is that sexual harassment?===
Yes, it likely is. Sexual harassment is any unwanted conduct of a sexual nature. If your co-worker’s comments are of a sexual nature, and you’ve made it clear you’re not okay with their behaviour, it’s likely sexual harassment.


For the steps to take to deal with the problem, see our guidance on [https://www.peopleslawschool.ca/if-you-are-sexually-harassed-at-work/ if you’re being sexually harassed at work].


----
==Who can help==
----
===With a sexual harassment complaint===


:'''BC Human Rights Clinic'''
:Provides free assistance and representation to those who qualify for help with a discrimination complaint under BC law.
: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://clasbc.net/get-legal-help/sexual-harassment-in-the-workplace/ Visit website]
:'''University of Victoria Law Centre'''
:Provides help with human rights claims for eligible people in Greater Victoria.
:Call 1-250-385-1221
:[https://thelawcentre.ca/ Visit website]
:'''Respect at Work Legal Clinic'''
:A free legal clinic for newcomers to Canada who have experienced sexual harassment at work.
:Call 1-604-404-1931
:[https://mwcbc.ca/workplace-sexual-harassment/ Visit website]
:'''Stand Informed'''
:An independent legal advice service for British Columbians who have experienced sexual assault.
:Call 1-888-685-6222
:[https://clasbc.net/get-legal-help/ Visit website]
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Latest revision as of 05:31, 10 October 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Richard Johnson, Ascent Employment Law and Sara Hanson, Moore Edgar Lyster LLP in August 2021.
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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.

Common questions

What is sexual harassment?

Sexual harassment is a form of discrimination based on sex. Sex discrimination occurs when you’re treated badly or denied a benefit because of your:

  • sex,
  • sexual orientation, or
  • gender identity or expression.

Sexual harassment can take many forms. It can be a physical act, like unwanted touching or kissing. It can be verbal, like making demeaning comments about how someone looks. It can also be less direct, like someone displaying inappropriate pictures at work.

Sexual harassment can have an impact in many settings. It can affect your ability to do your job, find somewhere to live, or otherwise enjoy activities of daily life. BC’s Human Rights Code prohibits sex discrimination, including sexual harassment, in specific contexts. The Code offers protection from sexual harassment when you’re shopping or receiving a service, renting accommodation, and working in your job.

Someone is sexually harassing me at work. What are my options?

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.

If you’re being sexually harassed at your workplace, take action as soon as possible. Let the harasser know that you don’t accept the behaviour and you want it to stop. Tell them you’ll report it if it continues.

If dealing directly with the harasser doesn’t work, you can talk to your employer or someone in human resources. Find out your employer’s policy on human rights complaints. All employers in BC are required to have a policy on bullying and harassment, which should include a complaint process. If you belong to a union, talk to the union representative.

If the behaviour continues, you can make a human rights complaint to the BC Human Rights Tribunal. If the tribunal finds your complaint justified, they can make an order to stop the harassment. As well, they can order the harasser to compensate you for lost income or expenses and injury to your dignity, feelings, and self-respect.

If the sexual harassment you experience results in you developing a mental disorder, you may be entitled to workers’ compensation. See the WorkSafeBC website for further guidance.

We take you through these steps in detail in our in-depth coverage of if you’re sexually harassed at work.

Are there agencies that can help me if I’m being sexually harassed at work?

Yes. The Ending Violence Association of BC and the Community Legal Assistance Society have teamed up on a project called SHARP Workplaces. Workers who are experiencing (or have experienced) sexual harassment at work can attend a legal clinic where they can speak to a lawyer for free. The lawyer can help you with all aspects of your case. For example, they can explain your legal rights, coach you through the complaint process, or help you draft documents.

The BC Human Rights Clinic provides legal help to people who have cases before the BC Human Rights Tribunal. You can speak to a lawyer or legal advocate — for free — who can give you advice or represent you in your matter.

My co-worker keeps making suggestive comments about me even after I asked them to stop. Is that sexual harassment?

Yes, it likely is. Sexual harassment is any unwanted conduct of a sexual nature. If your co-worker’s comments are of a sexual nature, and you’ve made it clear you’re not okay with their behaviour, it’s likely sexual harassment.

For the steps to take to deal with the problem, see our guidance on if you’re being sexually harassed at work.

Who can help

With a sexual harassment complaint

BC Human Rights Clinic
Provides free assistance and representation to those who qualify for help with a discrimination complaint under BC law.
Call 1-855-685-6222
Visit website
SHARP Workplaces
Offers free legal advice and support for those experiencing sexual harassment at work.
Call 1-888-685-6222
Visit website
University of Victoria Law Centre
Provides help with human rights claims for eligible people in Greater Victoria.
Call 1-250-385-1221
Visit website
Respect at Work Legal Clinic
A free legal clinic for newcomers to Canada who have experienced sexual harassment at work.
Call 1-604-404-1931
Visit website
Stand Informed
An independent legal advice service for British Columbians who have experienced sexual assault.
Call 1-888-685-6222
Visit website
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