Prevent Sexual Harassment in the Workplace

Learning Objectives Define key concepts associated with sexual harassment. List behaviours that constitute sexual harassment. Identify the different types of sexual harassment. Differentiate between welcome and unwelcome behaviour, as well as, clear and unclear behaviour and recognize where the line is. Explain the steps for filing a compliant should you be subject to or witness sexual harassment in your workplace. 1

Presentation Outline Introduction Responsibilities and Liabilities Defining Sexual Harassment Profile of a Typical Target Types of Sexual Harassment Where Do You Draw The Line? 2

Why is it Important to Learn about? Sexual Harassment in the Workplace

Sexual Harassment in the Workplace It is important to know that sexual harassment is against the law. It is also prohibited by your employer’s policy. In Canada, each province and territory has its own human rights law that prohibits employment discrimination based on certain protected grounds. Depending on which province or territory you are in, a complaint of discrimination may be investigated by a human rights commission investigator, or may be brought directly to a tribunal, where a decision is reached. 4

Sexual Harassment in the Workplace All the various human rights laws in Canada, without exception prohibit sexual harassment. In short, there is no workplace in Canada where sexual harassment is not against the law! Liability – both individuals and organizations can be held liable for sexual harassment in the workplace. 5

Examples of Sexual Harassment Can include: Engaging in continual conversation of a sexual nature Making persistent and offensive jokes of a sexual or gender-specific nature Invading personal space that may make the other person feel uncomfortable Making a worker dress in sexualized or gender- specific way 31

Examples of Sexual Harassment Can include: Engaging in unnecessary physical contact, i.e., pinching, touching, patting, brushing up against another, demanding hugs Displaying or circulating pornography, sexual pictures or cartoons, sexually explicit graffiti, or other sexual images (including online) 34

Prevent Sexual Harassment Where Do We Draw the Line?

Point of View Not everyone agrees on what behaviours constitute sexual harassment. Is one person’s point of view more legitimate than another? No. Sexual harassment is often said to be “in the eye of the beholder.” Comment or conduct that is perfectly acceptable to one person may constitute harassment to another. These different perceptions arise out of different points of view. Example:   A Muslim woman may find sexual discussion acutely embarrassing while her co-workers may differ. However, the Muslim woman’s perspective is just as reasonable and legitimate as any other, and if the behaviour is not related to the performance of the job, then it is arguably sexual harassment and should cease. 38