Sexual Harassment
Every employee is entitled to a safe work environment free of behaviours and situations that make them feel uncomfortable or at risk. Sexual harassment in the workplace should never be tolerated. Unfortunately, this behavior can happen. If you think you have been the victim of sexual harassment, it is important to contact a lawyer as soon as possible to assist you in protecting your rights and ensure the problem is addressed right away.
At Rousseau Mazzuca LLP, our knowledgeable, experienced, and compassionate employment lawyers can assist you in assessing your options and ensuring your employer investigates and resolves the harassment quickly. We strive to provide you with excellent guidance and advice to achieve peace of mind and move forward. We can assist with common questions such as:
Have I waited too long to say something to my employer?
What happens if I make a complaint?
What if my employer thinks I am lying?
Do I have to continue working with the person who is harassing me?
WHAT IS SEXUAL HARASSMENT?
Sexual harassment is a form of discrimination based on sex or gender and is prohibited under Canadian law. Some specific examples of sexual harassment in the workplace include:
Unwanted touching, including demanding hugs, back rubs, or other unnecessary physical contact
Asking for or demanding sex in exchange for a benefit, favour, or reward – such as a job opportunity or promotion
Using sexually explicit, insulting, inappropriate, or demeaning language
Making sex-related comments about a person’s physical appearance
Repeatedly asking a colleague on dates, and not accepting “no” as an answer
Making sexual or inappropriate jokes or innuendoes
Bragging about sexual ability, sexual activities, or otherwise sharing inappropriate information about someone’s personal life
Using rude, insulting, or inappropriate language or making rude, insulting, or inappropriate comments
Posting, sharing, texting, emailing, or otherwise disseminating pornography and sexual and/or explicit images
Individuals who are sexually harassed at work have several options available including making an internal complaint, filing a human rights claim, or suing in Court.
WHAT DUTIES DOES AN EMPLOYER HAVE AROUND SEXUAL HARASSMENT?
All Ontario employers must take steps to both prevent sexual harassment and respond to any instances of sexual harassment that do occur despite their prevention efforts.
All employers must have a clear, comprehensive, up-to-date sexual harassment policy in place, including a detailed complaint, investigation, and resolution process.
Employers are obligated to promptly respond to and investigate each and every sexual harassment complaint, even if they may think it is without merit.
Once an investigation is complete, a report of the investigation’s findings should be made. If the harassment claim is found to be true, an employer must immediately move forward with a resolution to the issue.
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