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Employees - Labour standards

Sexual harassment in the workplace

Workplaces everywhere bring together a wide spectrum of people on a daily basis, who would likely never have reason to come into contact with each other. Thus, it is no surprise when tense or difficult situations arise. Sometimes a colleague’s behaviour can disturb others and can even become so unpleasant that it can be characterized as harassment. When this harassment is of a sexual nature, it can be called sexual harassment. But it is not always easy to distinguish between one person’s idea of a sense of humour, flirting, and sexual harassment. Making a complaint when sexual harassment arises can be difficult for the victim, due to: fear of reprisals, fear that the environment will become hostile, or fear of ridicule. However, there are ways in which the respect of rights can be ensured.

In this Infosheet, Éducaloi defines sexual harassment as well the recourse available to victims.

What is sexual harassment?

Sexual harassment has several definitions. However, as a general rule, it is agreed that sexual harassment has the following characteristics:

• it can come in the form of words, gestures, acts, conduct, or physical contact of a sexual nature;
  
  
• it is unwelcome by the recipient;
  
  
• it usually occurs on repeated occasions;
  
  
• it has an adverse affect on employment (the consequences are either direct, such as dismissal or disciplinary measures or indirect, such as an uncomfortable work environment).

Does sexual harassment mean that flirting in the workplace is no longer possible?

Not at all! Sexual harassment is undesired conduct. Flirting can be distinguished by the fact that the person on the receiving end consents to the behaviour. On the other hand, harassment occurs as of the moment you tell someone that you do not appreciate their behaviour, gestures or words, and that person’s behaviour does not change.

It would be impossible to make a list of all the acts with a sexual connotation that would be prohibited in the workplace. In reality, it depends on every individual’s level of tolerance. For example, a colleague might greet you every morning with dirty jokes. If you tell him that this makes you uncomfortable and he continues anyway, this may be harassment. However, there is no problem if you share his sense of humour.

Does one instance of harassment constitute sexual harassment?

Generally speaking, sexual harassment implies offensive conduct that is repetitive. What comes to mind is the boss or colleague who, despite several rejections, persists in making sexual propositions.

However, the more serious the conduct, the less it needs to be repeated in order to constitute harassment. For example: two or three undesired comments about one’s breast or bottom followed by an explicit invitation to engage in sexual relations. To explore examples of even more serious acts, including physical contact, consult the Infosheet entitled Sexual assault.

Similarly, if your employer threatens to dismiss you if you refuse his sexual advances, you need not wait for him to repeat this! Furthermore, the employee may also have grounds for contesting the dismissal, on the basis that it is an illegal firing. Consult the sub-category entitled “Work” to learn more.

It is important to note that recourses are not limited to situations where the harassment originates from a superior.

Should I do anything before lodging a complaint?

• Make it known to the offending person that his acts or words are making you uncomfortable and that you want him to stop. Ideally, another person who can act as a witness should accompany you during this conversation.
  
  
• Keep a written log of the events (the date, time, place, the offensive words or gestures, contact information of the people who were present).
  
  
• Talk to your co-workers to find out if they too are being harassed. If so, you may want to take action together.

What are my employer's responsibilities concerning sexual harassment?

Your employer must ensure, as much as possible, that no employee is subjected to sexual harassment. He must therefore attempt to prevent any harassment. To do so, he may implement clear rules and procedures to be followed in the event of a sexual harassment complaint. If a complaint is filed, your employer must act quickly to investigate and take the necessary measures to prevent it from happening again.

Furthermore, specific articles regarding psychological harassment at work can be found in the Act Respecting Labour Standards which came into effect in June 2004. These articles, encompass most activities that qualify as harassment and influence all work places in Quebec. In addition, the Act obligates employers to take all reasonable steps to prevent and bring a stop to harassing behaviour (once they are aware of it). This also imposes the obligation on employers to have a written policy regarding harassment, that is clear and precise. For example, the policy may describe what constitutes harassment according to the Commission des norms du travail, enquiry procedures, and the consequences of a harassment complaint

What must I do to file a complaint to the Commission des droits de la personne et de la jeunesse (CDPDJQ)?

Your first contact with the Commission can be made by telephone, at which time you can describe the reasons for your complaint. If the situation will be pursued by the Commission’s mandate, you will be sent a complaint form.

This form asks you to respond to several questions: the coordinates of all individuals involved, what you are requesting from the Commission (damages, orders, dismissal of the person, etc.).

Once the complaint has been registered the CDPDJQ will collect all the evidence (from witnesses, admissions, pertinent documents, etc.) required to determine whether you were indeed, a victim of harassment.