Sexual Harassment In The Workplace

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Sexual harassment in the workplace can be a very traumatic and stressful experience. No one should ever have to endure harassment of any kind at work, especially of a

sexual nature. If it occurs, it is essential to report it immediately to human resources or the appropriate department in your workplace.

It is also important to seek legal advice from a competent lawyer as sexual harassment in the workplace is a legal matter. A knowledgeable lawyer can inform you of your legal rights as an employee and help you to take the necessary steps against your workplace.

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What is sexual harassment?

The Ontario Human Rights Commission defines sexual harassment as a form of discrimination based on sex, which includes, among other things, unwanted sexual advances, requests for sexual favors and spreading sexual rumors. It can also be in the form of bullying, hostility or rejection of a sexual nature, Negative comments about women, men, or people in the LGBTQ2S+ community are also considered sexual harassment.

What does sexual harassment look like?

Sexual harassment can take many forms and occur in various situations. It can come from anyone, regardless of gender or relationship with the victim, such as a supervisor, manager, colleague or peer. The victim’s employment can be affected, causing a decline in work performance or leading to physical or emotional harm.

Examples of sexual harassment include:

Signs of Sexual Harassment at Work

It can be very difficult for some employees to recognize sexual harassment, as it can come in many forms and what may seem like harmless behaviour can quickly turn uncomfortable. Some people may not even realize they are being sexually harassed as they are not aware of what constitutes sexual harassment.

Here are some signs that you may be experiencing sexual harassment at work:

• Jokes or comments about your sexuality or gender
• Quid Pro Quo – where a person in a position of power requests sexual favors from a subordinate
• Pressure to “just go along”
• Fear of consequences for speaking up

Jokes or Comments About Your Sexuality or Gender

Even if it’s not directly sexualizing you or if the person isn’t pursuing you, they can still sexually harass you through jokes or comments. These could be about your sexuality, sexual experience, gender identity or gender expression. This can be in person, online, through text messages or over the phone.

Quid Pro Quo

When sexual harassment occurs between two people of different power within the workplace (such as a supervisor and manager), it can be a quid pro quo scenario, which means “something in return for something”. It usually happens when a person of greater power requests sexual favours from a subordinate.

In this situation, favours can range from going out for drinks to having sexual relations. The implication is that something is done in return, like a promotion, often being allowed to leave work early or a raise.

Pressure to “Just Go Along”

Sexual harassment is not always intentional. However, if you ask the person to stop the behaviour and they don’t, then it’s considered to be sexual harassment, even if they say they are just “messing around”. This is one of the biggest factors in sexual harassment; when the behaviour or attention is unwanted.

Speaking Up Could Have Consequences

If you are uncomfortable about someone’s behaviour, but you feel like speaking up could have consequences, you are definitely being sexually harassed. The consequences could include losing your job, being demoted or being demeaned.

How to Report Sexual Harassment

If you are not satisfied with your employer’s response to the harassment or if your employer does not take action, you can file a claim under the Occupational Health and Safety Act (OHSA), an application with the Human Right Tribunal of Ontario (HRTO) or file a lawsuit again the employer.

Further action

If you are not satisfied with the actions your employer has taken to stop the sexual harassment or your employer has not resolved the situation, you can file a human rights claim under the Occupational Health and Safety Act (OHSA). You can also file an application with the Human Rights Tribunal of Ontario (HRTO).

Hiring a lawyer

A lawyer can help you with the process and represent you if your complaint is not resolved by your employer or if are not satisfied with the outcome.

If you experience sexual harassment in the workplace, your employer might be legally responsible if they failed to address or resolve the issue. If the workplace culture ignores sexual harassment, you may have grounds for further legal action even if the harasser was punished by the employer.

Answers to commonly asked questions

If you have experienced sexual harassment in the workplace, it is important to seek legal advice as soon as possible. The lawyers at Aaron Waxman and Associates offer a free initial consultation to discuss your claim.