Sexual Harassment
All workers are 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 not be tolerated, and, under the law, employers have obligations to try to prevent it. When a complaint of sexual harassment is made, whether or not it is un-founded, that triggers a number of additional obligations.
At Rousseau Mazzuca LLP, our knowledgeable and experienced employment lawyers assist employers in complying with their various legal obligations around sexual harassment issues in the workplace. We strive to provide employers with the guidance and advice needed to ensure a safe and healthy workplace, and can address any issue affecting that workplace in a timely and effective manner. Where a lawsuit or human rights complaint is launched, we provide sensitive but firm advocacy on your behalf.
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 your 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
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 should immediately move forward with a resolution to the issue.
Employers should be aware of the consequences of non-compliance with their legal obligations. Individuals who are sexually harassed at work, or feel that their employers are not adequately preventing these issues, have several options available including filing a human rights claim or suing.
