By Laura Giroux
Sexual harassment in the workplace may present itself in the form of a behaviour, remark, gesture, or instance of physical contact that is of an unwelcomed sexual nature and is likely to cause offence to employees. It may also include discrimination that is based on gender. Examples of workplace sexual harassment provided by the Ontario Human Rights Commission include repeatedly asking for dates without taking “no” for an answer, making sexual jokes, unnecessary physical contact, demanding hugs, making stereotypical comments about gender roles, asking for sex in exchange for a favour, and making sexual comments about an employee’s physical appearance. These are just a few examples of behaviour presently classified as sexual harassment, but workplace sexual harassment can a take variety of forms. Any action of a sexual nature that creates a work environment that is hostile, offensive, or intimidating may be classified as sexual harassment.
Sexual harassment in the workplace can inhibit an employee’s ability to do their job effectively, thereby preventing them from achieving their full potential and even costing them promotion opportunities. Moreover, sexual harassment may impede an employee from maximizing their earnings, for the employee may take days off work to avoid harassment, or even legitimately require time off work to deal with the emotional distress caused by harassment. Perhaps most upsetting of all, sexual harassment can damage an employee’s sense of dignity and destroy their feeling of safety in a setting that should always be professional.
While sexual harassment can take place in any line of work, it is particularly common in positions that are viewed as subservient, such as waitressing, and fields of work that are typically dominated by males, such as the military. In fact, the Royal Canadian Mounted Police and the Canadian Military have both been under scrutiny for sexual harassment allegations.
According to the Canadian Labour Code, all employees are entitled to protection from sexual harassment in the workplace. Employers must make an effort to ensure that their place of work is free of sexual harassment though the implementation and enforcement of a sexual harassment policy. Within the policy the employer must provide a definition of sexual harassment, clearly state their attempt to prevent sexual harassment, assert that disciplinary measures will be taken against those who sexually harass others, explain the process of making a complaint, and inform employees of their right to complain while remaining confidential throughout the process. By having a comprehensive sexual harassment policy in place, employers may discourage and prevent sexual harassment.
Even with ongoing anti-harassment campaigns, significant media attention, and the legal obligation of employers to provide a safe working environment, instances of workplace sexual harassment are far too frequent. Everyone has a responsibility to help root out this injurious behaviour.
For more information, including a full list of employer's responsibilities for the prevention of sexual harassment, visit the Government of Canada’s page on workplace sexual harassment:
https://www.canada.ca/en/employment-social-development/services/labour-standards/reports/sexual-harassment.html
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