News ArticlesWHAT IS "SEXUAL HARASSMENT
IN THE WORKPLACE"?
Definition
In the past
few decades, sexual harassment has emerged as an ongoing concern in the
workplace. Policies have been written, laws have been passed and the courts
continue to release decisions in this regard. But what is sexual harassment? Is
it vulgar language, sexually suggestive gestures, physical contact or a dirty
joke? Answer: all of the above.
Our
courts have defined sexual harassment in the following manner:
- "Sexual harassment
is a form of gender discrimination. Sexual harassment in the workplace is
unwelcome conduct of a sexual nature that detrimentally affects the work
environment or leads to adverse job-related consequences for the victims of
harassment." (Janzen v. Platy
Enterprises Ltd., [1989] 1 S.C.R. 1252.)
The courts as well as the Alberta Human Rights and Citizenship
Commission have applied this definition to include physical contact,
conversations and jokes that are sexual in nature. This includes any sexual
jokes told verbally, forwarded via e-mail or posted in someone's office.
Unwanted compliments or touching on any area of a person's body can also
constitute sexual harassment.
Depending on
whether you are an employee or an employer, you have rights and obligations when
dealing with sexual harassment.
Employers
The best way to avoid
allegations of sexual harassment in the workplace is to implement a
comprehensive written policy. Some of the topics your policy should address
include the definition of sexual harassment, the conduct that is not acceptable
in the workplace and the consequences of sexually harassing a co-worker. Once
you have a policy in place, it is not enough to put it into a binder or post it
on your website. The staff must also receive ongoing education on the
policy. This is particularly true for staff in management since they are the
front-line in dealing with concerns of sexual harassment. You should also have a
staff member who is responsible for investigating incidents involving
allegations of sexual harassment.
When
considering sexual harassment in the workplace, it is important to remember that
while some employees find sexual jokes to be humorous, there are others who feel
uncomfortable or offended by it.
Employees
Employees who
believe they are being sexually harassed in the workplace have a responsibility
to report the incident(s) to a manager or owner of the company. The courts take
this responsibility seriously since it provides the employer with the
opportunity to correct the situation. Sometimes, it may be the manager or owner
of the company who is sexually harassing the employee. In any event, if the
employee's complaint is not adequately dealt with and/or the harassment
continues, it may be wise to consult a lawyer.
By Lani Rouillard
August 31, 2005
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