SEXUAL HARASSMENT
IN THE WORKPLACE
(An Information Guide for Employees and Employers)
Sexual harassment can occur to any person regardless of his/her age, occupation, physical appearance or marital status. It is not a new phenomenon. People have been the victims of sexual harassment for years, but until recently the problem was not taken seriously. Now, along with an increasing awareness of the extent of sexual harassment, there is concern about developing strategies to deal with it.
There are steps that employees and employers can take when faced with the problem and we have outlined these here. Sexual harassment is prohibited under section 13 of the Human Rights Code.
SEXUAL HARASSMENT: A Definition
A sexual solicitation or advance made by an employer or other person who is in a position to confer, grant or deny a benefit or advancement when the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome. A complaint can be made against a co-worker where a supervisor has been advised of the matter.
No person in a position to confer or deny a benefit or advancement shall penalize, punish, or threaten reprisal against that person for the rejection of a sexual solicitation or advance.
As an employee:
Your rights
If you believe you are a victim of sexual harassment as described in the foregoing definition, you should contact the office of Human Rights Commission and explain that you wish to lay a complaint of sexual harassment under section 13 of the Human Rights Code.
The Human Rights Commission will examine your complaint after obtaining all the information from you.
If the opinion is reached that there should be further investigation and that possibly a Board of Inquiry should be appointed, the Human Rights Commission will proceed to do this.
And what you should do:
1. Make it clear to the harasser that the conduct is unwelcome and unacceptable.2. Document each case of sexual harassment i.e. time, date, place, person involved, description of the type of harassment, any witnesses. If there are witnesses, have them sign your documentation.
3. Check with co-workers to see if they have experienced similar harassment and document these cases.
4. Report all cases of sexual harassment to a person in a position of authority.
5. Use the legal protection available. Before you decide to leave your job because of sexual harassment, report the case to the Human Rights Commission and obtain advice on the proper action to take.
6. Remember, you do not have to tolerate sexual harassment. Say "no" firmly and indicate you will not be intimidated and that you will take whatever action is necessary to protect your rights.
DON'T FEEL GUILTY: IN SEXUAL HARASSMENT CASES, IT IS THE HARASSER WHO IS WRONG - NOT THE VICTIM!!
As an employer:
Your responsibility
As an employer you should know that if you are aware of any civil misbehaviour of your employees, you may be held accountable. If one of your employees is successfully charged with sexual harassment against a person under his/her supervision, under section 13 of the Human Rights Code, you as the employer can be made a party to that complaint.
And what you can do:
1. Send out a letter defining sexual harassment and your policy on it, to all staff and post it on employee bulletin boards.2. Discuss sexual harassment in management and supervisory training sessions. Make supervisory personnel aware of the repercussions of sexual harassment and what it means to the work environment.
3. In orientation sessions with new employees, deal with the issue of sexual harassment and make it known that you will treat any complaints seriously.
4. Ensure that parties to complaints of sexual harassment are protected from reprisals from each other, or other workers, during the investigative process.
FOR FURTHER INFORMATION CONTACT:
Gladys Vivian, Executive Director
The Human Rights Commission
P.O. Box 8700
St. John's, Newfoundland
A1B 4J6
Telephone: (709) 729-2709
729-2326
Toll Free: 1-800-563-5808
Fax: 729-0790