Sexual Harassment in Employment in New Brunswick

Sexual Harassment in Employment

This publication of the New Brunswick Human Rights Commission is intended as a convenient source of general information about sexual harassment on the job in New Brunswick, Canada. It is not a legal interpretation.

	What is sexual harassment on the job?
	Are employers responsible for preventing sexual harassment?
	Why is it good business for employers to prevent sexual harassment?
	How can employers prevent sexual harassment?
	What should I do if I am sexually harassed?
	How can the Human Rights Commission help me if I have been harassed?
	What else can I do, apart from filing a human rights complaint?
	What about other types of harassment?
	How can I contact the New Brunswick Human Rights Commission?

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What is sexual harassment on the job?

Mary's boss often asks her to join him for a drink to "discuss her career". He keeps saying that he "could really help her if she was a little friendlier."

Susan works with five men who often make remarks such as "This is a man's job" or "Women should be at home doing dishes and washing." Sometimes they brush up against her, grab her or pinch her.

Mary and Susan are being sexually harassed.

Sexual actions, comments or requests in the course of employment are sexual harassment if they are unwelcome or if decisions affecting employees or job applicants are based on submission to or rejection of such conduct.

Sexual harassment directed at men or women is illegal, even if it is only a single incident. In addition to conduct occurring in the regular course of employment, sexual harassment includes conduct occurring off the job site or outside working hours, provided employment decisions are based on submission to such harassment.

Sexual conduct is not sexual harassment if it is consensual. However, consent is not valid if it is obtained through threats or promises concerning employment. Also, silence does not necessarily mean consent; a harasser will be liable if he or she ought reasonably to have known that the behaviour was unwelcome.

Examples of sexual harassment include:

degrading remarks about either sex;
unwelcome pinching, hugging, brushing up against and patting;
unwelcome sexual requests, remarks, jokes or gestures;
unfair evaluations or reprimands, reduced working hours, overwork, dismissals, discipline or refusals to hire, when they are in retaliation for refusing to submit to sexual harassment.

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Are employers responsible for preventing sexual harassment?

Yes. An employer who has not taken appropriate steps to prevent sexual harassment is liable for harassment by managers and other employees, even if the employer was unaware of the harassment. In certain cases, employers may be also be liable when employees harass customers or are harasssed by them. Accordingly, it is important for employers to develop policies and procedures on sexual harassment.

Besides, preventing sexual harassment is good business. Sexual harassment may result in stress, increased sick leave, low morale, low productivity and high turnover. Complaints of sexual harassment can also consume a great deal of time and lead to negative publicity and major legal expenses.

Employers can prevent sexual harassment by:

developing a sexual harassment policy that establishes a procedure for investigating complaints quickly, confidentially and impartially. It should ensure that action is taken against harassers and that victims are protected from reprisals;
posting the sexual harassment policy and ensure that all employees are aware of it;
taking action to eliminate sexist jokes;

removing sexist or indecent posters, graffiti and photos;
providing training on sexual harassment for managers and employees; emphasize the seriousness of the issue.

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What should I do if I am sexually harassed?

Do not ignore the harassment; it will probably get worse if you do.
Tell the harasser that the behaviour is unwelcome, either verbally or in writing.

If the harassment persists...

contact the Human Rights Commission for advice or to file a complaint.
record the details of every incident, including time, date, witnesses, exactly what each of you said and how it made you feel physically and emotionally.
if possible, get support from employees and former employees who may have been witnesses or may have been harassed themselves.
until the problem is resolved, avoid being alone with the harasser if possible.

How can the Commission help? Firstly, it can give you advice about the various options that are available. You do not need to give your name just to get advice.

Also, if you were harassed within the last year, you may file a complaint with the Human Rights Commission. The employer and harasser will be informed of the complaint. A Human Rights Officer will investigate it and, if the evidence supports the complaint, will attempt to negotiate a voluntary settlement. This service is free of charge.

If the employer does not offer a fair settlement, a Board of Inquiry may be appointed to hold a public hearing. If the Board upholds the complaint, it may order the employer to rehire you or to compensate you for loss of pay, for example.

It is illegal for the employer to fire you because you filed a formal complaint. You do not need to file a complaint under the employer's sexual harassment policy, or quit your job, before filing a complaint with the Commission.

Here are other things you can do, apart from filing a human rights complaint:

You may be able to file a complaint under the employer's sexual harassment policy, file a grievance with the union or start a lawsuit through a lawyer.
An intentional, non-consensual physical contact, or a threat or attempt to do so, is a criminal assault and should be reported to the police.

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What about other types of harassment?

In addition to sexual harassment, the Human Rights Act prohibits harassment based on race, sexual orientation, national origin, physical and mental disability, religion, or any of the other grounds listed in the Act. Harassment is prohibited in all the activities, including housing and services, that are subject to the Human Rights Act, not just employment.

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