Human Resources 101 » Harassment

What is Sexual Harassment?

Ian McKenzie — Thu, 14 Feb 2008 19:02:52 +0000

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:

The behaviour is repeated (repetition);
the intent of the behaviour is to cause harm (intent);
the recipient of the behaviour believes that someone wants to cause them harm (perceived intent);
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.

BC Court of Appeal Upholds $950,000 Harassment Award

Ian McKenzie — Mon, 12 Mar 2007 17:38:20 +0000

RCMP Constable Nancy Sulz was awarded $950,000.00 for past and future wage loss due to the severe psychological harm she suffered following her Commanding Officer’s persistent harassment. She was not expected to ever be able to work again. The BCCA upheld the award against the Provincial Government, which was found vicariously liable for the RCMP’s conduct. Click here for the full decision.

The Cost of Sexual Harassment

Ian McKenzie — Thu, 03 Aug 2006 14:43:51 +0000

This is just the dollar cost. The media rarely reports on the damage to morale.

VANCOUVER (CP) – A B.C. Human Rights tribunal has ordered owners of the Nanaimo Burger King to pay two women they fired almost $45,000 dollars for sexist comments.

Macleans.ca: Human Rights tribunal says sexist remarks will cost Burger King owner $45,000

How to Prevent Workplace Violence

Ian McKenzie — Wed, 26 Jul 2006 21:08:46 +0000

Canada has a high incidence of violence in the workplace. A 1998 study by the International Labour Organization reported:

Canada ranks 4th out of 32 countries for the number of women assaulted in the workplace
Canada ranks 5th for the number of men assaulted in the workplace
Canadian women report the 4th highest incidence of sexual harassment in the workplace

Several provinces, including Alberta, now have legislation in place, which obliges employers to manage and minimize potential workplace violence as part of its safety practices.

The attached documents can help you understand the employer’s obligations in this area of occupational health and safety. The first document, “Preventing Violence and Harassment at the Workplace,” is published by the Alberta Worker’s Compensation Board and deals specifically with the Alberta legislation. The second document, “Violence in the Workplace Prevention Guide,” is prepared by the Canadian Centre for Occupational Health and Safety.

Take some time to review these handbooks to learn what you can do to identify, prevent and respond to violence in the workplace.

(pdf 1158 KB)[tags]OHS, safety, workplace violence prevention[/tags]

5 Tips for Avoiding Human Rights Issues

Ian McKenzie — Mon, 24 Jul 2006 22:07:55 +0000

On May 10, 2006, the Human Rights Panel of Alberta confirmed the principle that employers cannot discriminate against pregnant employees. In Baker v. Crombie Kennedy Nasmark Inc. (“CKN”), the complainant alleged that she suffered discrimination in the area of employment practices on the ground of gender contrary to section 7 of the Human Rights, Citizenship and Multiculturalism Act.

There are several things employers can learn from this judgement that can help reduce human rights problems as well as general employment issues.

The first lesson is related to human rights, don’t ask questions in the areas protected by human rights legislation. In this case, asking Baker when she planned to have children violated Alberta’s Individual Rights Protection Act.
Also related to human rights, make sure you have clear policies around discrimination/harassment issues and your staff understand their responsibilities relative to these policies.
Watch the time factor for probationary periods, In Alberta, that is 90 days. If you wait to day 91, the probationary period no longer applies.
Don’t leave early performance issues to day 90. Invest some effort in developing skills or correcting problems from the beginning of the employment relationship.
Ensure that you have clear policy and procedures around performance evaluation and that standards are based on clear job descriptions and task lists.

In this case, it looks like a deliberate decision was made to terminate an employee because of pregnancy. However, it wouldn’t take too much careless to put an employer in a similar situation. Some reasonable attention to process on the front end will reduce these types of human rights complaints.

Download judgement from Alberta Human Rights. (pdf)

Technorati Tags: Human Rights, Discrimination, Gender, Performance Management