Sexual harassment is one of the types of conduct that is prohibited under The Human Rights Code. It is prohibited in areas of employment, housing and services.

Sexual harassment is defined as a course of abusive, unwelcome conduct or comment made on the basis of gender; or, any sexual solicitation or advance that is unwelcome, especially if it may reasonably be seen to be putting a condition on employment, or the receiving or withholding of any benefit or service. The unwanted behaviour may be either physical or verbal. It may also include one or more of the following:

• unnecessary physical contact, such as touching, patting or pinching
• demands for sexual favours in return for a promise of a reward or a threat of reprisal
• unwelcome sexual remarks or jokes that denigrate one's gender
• displaying derogatory materials such as pictures, cartoons or printed matter.

Everyone has the right to be treated with respect and dignity and to be assessed on the basis of their personal merit. Sexual harassment can create a negative and hostile environment which can have an adverse effect on the victim.

For example, an employee constantly subjected to harassment may take sick leave due to stress or become less capable to perform his or her duties satisfactorily.

For an employer, failure to prevent harassment can result in the loss of productivity, loss of business, high staff turnover and damage to reputation.

The Human Rights Code states that the person in authority, such as the owner, manager, may be held accountable if that person knowingly permitted or failed to take reasonable steps to stop the harassment. It is this person's responsibility to to take all reasonable steps to ensure that the environment is free of harassment. It is this failure to act that constitutes a contravention of The Code.

One of the most effective ways of preventing harassment is to develop and implement an effective formal written policy on sexual harassment. The policy should send out a clear message that management will not tolerate sexual harassment. It should include provisions for reporting complaints to management, effective investigation and meaningful resolution of those complaints.

It is your responsibility to inform someone in authority within the organization of the harassment.

Sometimes victims of sexual harassment are reluctant to take any action against the harasser. They are afraid of either losing a job, being denied a service or suffering some other form of reprisal. Others try to ignore the sexual harassment, hoping that it will stop.

While it is not your responsibility to stop the harassment, there are several things that you can do:

• if you can, make it clear to the harasser that his or her actions or comments are unwelcome
• keep a record of the incidents including description of the unwanted behaviour, times, places and witnesses
• report the incident to management as soon as possible
• if your employer has a harassment policy, notify the appropriate person identified in the policy
• if your workplace is covered by a collective agreement you may choose to contact your union for advice and assistance

Ignoring observed or reported incidences of sexual harassment, or failing to take prompt and effective action could result in a contravention of The Code. When an allegation of sexual harassment arises, management should:

• advise the victim that the complaint will be taken seriously
• take action by investigating the allegation promptly
• where the allegation is substantiated, take appropriate steps to ensure that the harassment is not repeated such as taking appropriate disciplinary action
• take all reasonable steps to mitigate the effect of the harassment upon the victim.

The purpose of The Code is not to punish the harasser or the organization but rather to provide a remedy for the victim of sexual harassment and to prevent future harassment. Remedies available under The Code when complaints have been substantiated may vary but they can include any or all of the following:

1. letter of apology
2. declaration from the organization committing itself to future compliance with The Code
3. compensation for lost wages. This remedy is usually required if the victim lost his or her job as a result of the harassment.
4. compensation for any other loss attributed to the result of the harassment
5. damages for injuries to feelings and self-esteem by the act of discrimination.

For futher information contact The Manitoba Human Rights Commission office in your area.