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{{ | {{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}} | ||
{{Dial-A-Law TOC|expanded = | |||
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. | ||
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===Several laws protect people from sexual harassment=== | ===Several laws protect people from sexual harassment=== | ||
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 ( | 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 (No. 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. | 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''' 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 ( | 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 (No. 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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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 '''one year''' of when the harassment happened. Our information on [[Human Rights and Discrimination Protection ( | You must file a complaint with the tribunal within '''one year''' of when the harassment happened. Our information on [[Human Rights and Discrimination Protection (No. 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 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. | 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. | ||
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====Sue for wrongful dismissal==== | ====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 | 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: Wrongful Dismissal (No. 241)|if you are fired (no. 241)]] and [[Starting a Lawsuit (No. 165)|starting a lawsuit (no. 165)]] for more details. | ||
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:Web: [http://thelawcentre.ca/ thelawcentre.ca] | :Web: [http://thelawcentre.ca/ thelawcentre.ca] | ||
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