Harassment in Canadian Workplaces

Harassment in Canadian Workplaces Harassment is a major concern for employers. Here’s a brief primer on what constitutes workplace harassment in Canada.

Definition The government defines harassment as “improper conduct by an individual, that is directed at and offensive to another individual in the workplace, including at any event or any location related to work, and that the individual knew or ought reasonably to have known would cause offence or harm. It comprises objectionable act(s), comment(s) or display(s) that demean, belittle, or cause personal humiliation or embarrassment, and any act of intimidation or threat. It also includes harassment within the meaning of the Canadian Human Rights Act (i.e. based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and pardoned conviction).”

On its face, the definition seems to suggest that harassment can only occur following more than one act or event – that is, repetition is a key component of harassment. And while that’s true, a single incident can also constitute harassment under this definition if that incident is severe and has a lasting impact on the complainant.

Where can it occur?

The government’s definition applies to any employee behaviors in the workplace as well as any event or trip related to one’s work. That means, harassment can occur on a business trip, at a conference, at an employee-sponsored training session, or an employer-sponsored social event.

In short, any environment related to one’s work in any way is a potential forum for harassment.

How is harassment proven?

Several factors contribute to establishing whether harassment has taken place. First, the accused must have displayed conduct that was intimidating, offensive or improper and that behavior must have been directed at the complainant.

Secondly, the complainant has to have been offended or harmed in some way by the conduct.

That can include the complainant feeling demeaned, belittled or threatened.

Third, the accused must have known or reasonably should have known that the behavior in question was out of line.

Of course, the behavior also had to have occurred in the workplace or work-related setting, as described above, and the incident or incident had a lasting impact on the complainant.

Time constraints A harassment complaint must be filed within one year of the last incident of alleged harassment – unless there are extenuating circumstances. A complainant can include incidents further back in time if they can demonstrate that they’re directly related to the last event of alleged

harassment. Previous incidents are especially important if a complainant wants to demonstrate a pattern of behavior.

What is harassment? What isn’t?

Here are some examples of harassing behavior.     

An employee making unwanted sexual advances towards a colleague.

An employee making rude or degrading comments or gestures towards a colleague.

An employee preventing a colleague from speaking by yelling at or threatening the person.

An employee spreading rumors about a colleague or humiliating him or her.

An employee making a colleague perform a task that is inferior to the colleague’s competencies with the intent of demeaning or belittling the colleague.

Here are some examples of behavior that is not harassment.     

A manager exercising his or her oversight role, including punishing an employee for absenteeism or reviewing a subordinate’s work product.

Work-related stress.

Disagreements or conflict in the workplace.

Organizational changes that lead to difficult workplace conditions.

Consensual social relationships in the workplace.