Sexual harassment

INFORMATION SHEET

A printable PDF version of this information sheet is available.

What is sexual harassment?

Sexual harassment is discrimination based on the ground of gender, which is prohibited under the Alberta Human Rights Act. Sexual harassment is any unwelcome sexual behaviour that adversely affects, or threatens to affect, directly or indirectly, a person's job security, working conditions or prospects for promotion or earnings; or prevents a person from getting a job, living accommodations or any kind of public service.

Sexual harassment is usually an attempt by one person to exert power over another person. It can be perpetrated by a supervisor, a co-worker, a landlord or a service provider.

Sexual harassment is unwanted, often coercive, sexual behaviour directed by one person toward another. It is emotionally abusive and creates an unhealthy, unproductive atmosphere in the workplace.

Employees, customers or clients can make sexual harassment complaints to the Alberta Human Rights Commission. These complaints can be costly, both in terms of financial costs and employee morale, particularly for employers who do not have an effective sexual harassment policy in place or who do not treat such complaints seriously.

Who is affected?

Males, females and transgendered [1] individuals can all experience sexual harassment. Sexual harassment can occur between individuals of different geners (for example, male to female) or between individuals of the same gender (for example, female to female).

What constitutes sexual harassment?

Sexual harassment can be expressed in many ways, from very subtle to very obvious, through any of the following:

  • suggestive remarks, sexual jokes or compromising invitations;
  • verbal abuse;
  • visual display of suggestive images;
  • leering or whistling;
  • patting, rubbing or other unwanted physical contact;
  • outright demands for sexual favours; and
  • physical assault.

Sexual harassment and workplace romance

Mutually acceptable workplace flirtation is not sexual harassment.

Who is legally responsible?

The Supreme Court of Canada has decided that in cases of proven sexual harassment, employers are responsible for the actions of their employees.

Lack of awareness by management does not necessarily eliminate this liability.

Employer responsibilities

In Alberta, employers are responsible for maintaining a work environment free from sexual harassment for all employees, customers and clients.

A supervisor who neglects to follow up on a complaint of sexual harassment may be liable under the Alberta Human Rights Act for failing to take prompt and appropriate action.

Having an effective sexual harassment policy in place can decrease an employer's liability if a human rights complaint is made. Prompt and appropriate action on sexual harassment complaints can reduce an employer's liability still further.

Sexual harassment policy development

Commission staff  can help employers develop sexual harassment policies. Staff can also provide educational workshops to help employers, managements and employees understnd their rights and responsibilities related to sexual harassment in the workplace. Please contact the Commission for more information about these services. 

What to do about sexual harassment

Anyone who believes they has been sexually harassed should first make it clear to the offender and/or to a person in authority that such action has occurred and is unwanted. Employees who are harassed may also wish to contact their union or employee association.

If the behaviour persists, or corrective action is not taken, a complaint may be made to the Alberta Human Rights Commission. A complaint must be made within one year of the alleged incident or the Commission does not have the authority to accept the complaint.

For the purposes of  investigation, a record should be kept of when the alleged incidents occurred, the nature of the behaviour, the names of any witnesses and any other information relevant to the investigation.

It is against the law to retaliate against anyone who has made a compliant of discrimination in good faith or who has given evidence in support of or against a complaint.

Footnote
1. The words "transgender" and "transgendered" are used to refer to people who identify as either transgender or transsexual. The Ontario Human Rights Commission offers a helpful definition of gender identity on its website: "Gender identity is linked to a person's sense of self, and particularly the sense of being male or female. A person's gender identity is different fom their sexual orientation, which is also protected under the [Ontario Human Rights] Code. People's gender identity may be different from their birth-assigned sex, and may include:
Transgender: People whose life experience includes existing in more than one gender. This may nclude people who identify as transsexal, and people who describe themselves as being on a gender spectrum or as living outside the gender categories of 'man' or 'woman.'
Transsexual: Peope who were identified at birth as one sex, but who identify themselves differently. They may seek or undergo one or more medicat treatments to align their bodies with their internally felt idenityt, such as hormone therapy, sex-reassignment surgery or other procedures."

Please note: A complaint must be made to the Alberta Human Rights Commission within one year after the alleged incident of discrimination. The one-year period starts the day after the date on which the incident occurred. For help calculating the one-year period, contact the Commission.

February 2012

Contact the Commission

 

Due to confidentiality concerns, the Commission cannot reply to complaints of discrimination by email. Please contact the Commission by phone or regular mail if you have a specific complaint.

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