Human Resources 101

NB: I am not a lawyer and this is not legal advice. This is my understanding after years of experience as a Canadian human resources practitioner. As always, get legal advice that is appropriate to your circumstances.

If you take a look at harassment-in-the-workplace definitions used in organizations, four key elements are most often used to define workplace harassment:

1. The behaviour is repeated (repetition);
2. the intent of the behaviour is to cause harm (intent);
3. the recipient of the behaviour believes that someone wants to cause them harm (perceived intent);
4. and/or the behaviour has negative consequences for the recipient (consequences).

I find, in my day-to-day responsibilities, there is considerable confusion as to what constitutes workplace harassment. Generally, harassment is any objectionable conduct, comment or display made on either a one time or continuous basis that demeans, belittles, or causes personal humiliation or embarrassment and is based on any of the prohibited grounds of discrimination listed in that Act. (Now, doesn’t that sound like policy language?)

As to defining sexual harassment, it is:

Single or repeated incidents involving unwelcome sexual advances, requests for sexual favours, or other verbal or physical conduct with sexual overtones, specifically when:

• such conduct might reasonably be expected to cause insecurity, discomfort or humiliation to another person;
• submission to such conduct is, or is implied to be, a condition of employment;
• submission to or rejection of such conduct is used as a basis for employment decisions (including, but not limited to, hiring, promotions, raises, job security and benefits, training, seniority); or
• such conduct has the effect of interfering with the person’s work environment, creating an intimidating, hostile or offensive work environment.

Types of behaviour which constitute sexual harassment include, but are not limited to:

• sexist jokes causing embarrassment, which are repeated despite clear indication that they are unwelcome
• gawking, leering
• display of sexually offensive materials
• derogatory or degrading remarks directed towards members of one sex
• sexually suggestive or obscene comments or gestures
• unwelcome inquiries about a person’s sex life
• unwelcome sexual flirtations, advances, propositions
• requests for sexual favours
• unwanted touching, patting or pinching
• verbal abuse or threats with sexual overtones
• sexual assault (rape)

Sexual harassment is most often behaviour directed by men towards women.  However, it can also be directed by women towards men or can occur between members of the same sex.