Sexual Harassment In the Workplace

Employees have the right to be free from sexual harassment in the workplace. The Supreme Court of Canada has found sexual harassment to be a form of sex discrimination. Some examples of sexual harassment in the workplace includes:

• demanding hugs;

• invading personal space;

• unnecessary physical contact, including unwanted touching;

• leering or inappropriate staring;

• derogatory language or comments towards women;

• sexual jokes;

• spreading sexual rumours;

• demanding dates or sexual favours; and

• questions or discussions about sexual activities.

Sexual harassment also includes sexual solicitation or advances made by a manager or supervisor.

Often times when sexual harassment is left unaddressed, it can create a “poisoned work environment” for the victims , which is “a workplace is hostile or unwelcoming because of insulting or degrading comments or offensive actions aimed at an employee or others.” Your employer has a duty to ensure a workplace free from discrimination and harassment, which includes taking measures to prevent and/or ameliorate a poisoned work environment.

This includes developing a harassment policy so that victims of sexual harassment can file a complaint. Employers are required to investigate any complaint of harassment and take appropriate corrective action.

Employees are also protected against retaliation, or threat of retaliation, for seeking to enforce their rights as stated above.

Kung Law represents employees to address harassment in the workplace. This includes, but is not limited to:

• Reviewing any employer human rights or harassment policy;

• Filing a human rights and/or harassment complaint with their employer;

• Filing an application to the Human Rights Tribunal of Ontario;

• Pursuing action against retaliation by the employer.

Contact us now using the form to discuss your workplace harassment issues.

We offer free consultations to assess your situation with no commitment.