Although each workplace may have its rules against harassment in general, the legal code only protects against sexual harassment.
The term “sexual harassment” includes a course of conduct that makes a person uncomfortable as a result of his/her gender. It also includes sexual solicitation or advances that are unwelcome, particularly but not exclusively where they are made by a person’s boss or superior. Sexual harassment includes unnecessary physical contact such as touching, patting, pinching, leering, kissing and hugging. It also includes verbal harassment.
To be considered sexual harassment, the conduct need not be directed at a specific person. It could involve a poisoned work environment where there is a pattern of sexually oriented remarks, insults or tones that are reasonably perceived to create a negative psychological and emotional environment.
If an employee feels that he or she has been harassed, he or she has an obligation to first of all tell the harasser that the behavior is inappropriate and give the harasser the opportunity to improve. If the situation does not improve, then the employee should bring it to the manager’s attention and ask for help to improve the conduct. If the harassment is still not being addressed, then the employee always has remedies available under provincial and/or federal human rights legislation.
No employee should have to put up with any kind of harassment in the work place, but an employee who is alleging harassment has an obligation to advise the employer and to give the employer an opportunity to improve the environment.
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If you, or someone you care about, is dealing with mployment law issues in the Ottawa, Ontario Region,contact Law Office of Melynda Layton.
This article is taken from an interview with Melynda Layton, Employment Lawyer at Law Office of Melynda Layton, an Ottawa, Ontario Employment Law Firm. Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.
