Prevent Sexual HarassmentPrevent Sexual Harassment
in the Workplace
Video DVD and E-Learning program on preventing sexual harassment in the workplace
by HR Proactive - Profit by Proactive PreventionTM
HR Proactive Inc.
Toll Free: 1.888.552.1155
Prevent Sexual Harassment:
Employees Video DVD Kit
Sample leader guide
You may be thinking, “Why am I here? I already know what sexual harassment is” or “this doesn’t happen in my workplace.” But you are here today to learn about the legal definition of sexual harassment, liability, and what you can do if you believe you are being sexually harassed. Remember, no workplace is immune to sexual harassment. It can occur in any workplace, to any employee.
It is important to know that sexual harassment is against the law. It is also prohibited by your employer’s policy.
In Canada, each province has its own human rights law that prohibits employment discrimination based on certain protected grounds.
As well, the federal Human Rights Act, which covers those people working under federal jurisdiction, prohibits employment discrimination based on grounds that are virtually identical to those in provincial human rights law. (Those working under federal jurisdiction include the federal public service, the armed forces, and federally regulated businesses such as banks, railways, airlines, and interprovincial transportation)
All the various human rights laws in Canada, without exception, prohibit sexual harassment.
In short, there is no workplace in Canada where sexual harassment is not against the law.
Sexual harassment in the workplace can have significant and adverse impacts on both the employer and employees: it can negatively affect productivity, morale, absenteeism and the general health and well-being of employees in the workplaceand can result in increased turnover, complaints of discrimination, potential incidents of anger and physical confrontation, potentially large legal fees and a poor corporate image for the employer.
Liability for Sexual Harassment
To some extent every employee is responsible for ensuring a workplace free from harassment. There are different types of responsibility or liability.
Employers and employees may also be held liable for incidents of sexual harassment that occur outside normal business hours or off-site, but are related to the workplace and impact employment. This includes using texting, email or other social media (like Facebook) to make offensive, suggestive jokes/remarks or continue pursuing a co-worker who has refused your advances at work.
A supervisor sexually propositions his administrative assistant in the parking lot after a staff holiday party.
Definition of Harassment
The following definition of harassment, taken from the Ontario Human Rights Code, is representative of how harassment is defined under Canadian law:
engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.
As the Ontario Human Rights Commission’s Policy on Preventing Sexual and Gender-Based Harassment points out:
The reference to comment or conduct "that is known or ought reasonably to be known to be unwelcome" establishes a subjective and objective test for harassment. The subjective part is the harasser’s own knowledge of how his or her behaviour is being received. The objective component considers, from the point of view of a “reasonable” third party, how such behaviour would generally be received. Determining the point of view of a “reasonable” third party must take into account the perspective of the person who is harassed.
Harassment, sexual or otherwise, is any unwanted conduct, whether verbal or physical, that humiliates or offends you. Harassment can interfere with your ability to do your work, and thus can result in serious consequences in the workplace.
Sexual harassment, in particular, has been defined as:
Unwelcome verbal or physical advances or suggestions of a sexual nature, any sexually explicit derogatory statement, any pattern of sexually discriminatory remarks made by someone in the workplace that is offensive or objectionable to the recipient, causes the recipient discomfort, creates a hostile atmosphere, or interferes with the recipient’s job performance.
In simpler terms, sexual harassment can include (but is not confined to):
is Key to Preventing
This Prevent Sexual Harassment video DVD training program is an easy tool to help you meet your obligation to train your employees.
Our new 20-minute Sexual Harassment video DVD is a stand-alone program that can be used to train a group of employees or for remedial purposes for Individual One-to-One Training/Coaching.
This Prevent Sexual Harassment Kit contains: