Difference between revisions of "Sexual Harassment"

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{{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}}
 
{{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.


==Understand your legal rights==
==Common questions==
 
===What is sexual harassment?===
===Sexual harassment is unwelcome conduct of a sexual nature===
'''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:
'''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.
* sex,
 
* sexual orientation, or
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.
* gender identity or expression.
 
====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.
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.


===Several laws protect people from 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.
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.  
===Someone is sexually harassing me at work. What are my options?===
 
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.
 
===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).
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.


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


===If you are sexually harassed===
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.
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====
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.
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.


====Make a human rights complaint====
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].
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.  
===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.


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 [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.


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


====Sue for wrongful dismissal====
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].
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.  


{| class="wikitable"
==Who can help==
|align="left"|'''Tip'''
===With a sexual harassment complaint===
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.
|}


==Get help==
:'''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]


===With a harassment complaint===
:'''SHARP Workplaces'''
The '''BC Human Rights Clinic''' may be able to help you file a complaint with the Human Rights Tribunal and help you at a hearing. The clinic is operated by the Community Legal Assistance Society (CLAS). 
:Offers free legal advice and support for those experiencing sexual harassment at work.
:Telephone: 604-622-1100 in Vancouver
:Call 1-888-685-6222
:Toll-free: 1-855-685-6222
:[https://clasbc.net/get-legal-help/sexual-harassment-in-the-workplace/ Visit website]
:Web: [https://www.bchrc.net bchrc.net]


In the Greater Victoria area, the '''University of Victoria Law Centre''' provides help for eligible human rights complainants and respondents.
:'''University of Victoria Law Centre'''
:Telephone: 250-385-1221  
:Provides help with human rights claims for eligible people in Greater Victoria.
:Web: [http://thelawcentre.ca/ thelawcentre.ca]
: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]


[updated February 2018]
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'''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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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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Business
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