Human Resource Management[1]

"Sexual harassment" means that someone is bothering you by saying or doing unwanted or unwelcome things of a sexual or gender-related nature. For example, someone who makes unwelcome sexual or gender-related remarks and gestures by:

touching you inappropriately making offensive jokes or remarks about women

or men making sexual requests or suggestions staring at or making unwelcome comments about

your body displaying sexually offensive pictures being verbally abusive to you because of your

gender

A person who has authority or power denies you something important, punishes or threatens you for refusing a sexual request, or for complaining about inappropriate sexual behavior or comments.

Harassment because of sex in accommodation

7. (1) Every person who occupies accommodation has a right to freedom from harassment because of sex by the landlord or agent of the landlord or by an occupant of the same building.

Harassment because of sex in workplaces (2) Every person who is an employee has a right to freedom

from harassment in the workplace because of sex by his or her employer or agent of the employer or by another employee. Sexual solicitation by a person in position to confer benefit, etc.

(3) Every person has a right to be free from,

(a) a sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; or

(b) a reprisal or a threat of reprisal for the rejection of a sexual solicitation or advance where the reprisal is made or threatened by a person in a position to confer, grant or deny a benefit or advancement to the person. [1981, c.53, s.6.]

Year of Decision: 2005 Court: Human Rights Tribunal of Ontario   Lucy Farias worked as a dental assistant at Queenstate

Dental Care, a sole proprietorship run by the respondent dentist, David Chuang. The Tribunal found that Dr. Chuang made advances towards Ms Farias, that she eventually told him that his advances were unwelcome, and that he continued his advances after that time, forcing Ms Farias to quit. It held that Dr. Chuang violated sections 5(1), 7(2) and 7(3)(a) of the Code by continuing to make overtures towards Ms Farias after she told him to stop. It also held that Dr. Chuang took reprisal action against Ms Farias contrary to sections 7(3)(b) and 8 of the Code, for example by becoming unduly harsh and arbitrary in his criticisms of her work, by withholding her Record of Employment and termination pay, and by billing her for dental services he had promised would be free.

The Tribunal awarded $32,000 for general damages and mental anguish and $4,354 for 14 weeks' wages, and ordered Dr. Chuang to attend anti-discrimination training.

The Code recognizes that employees may be reluctant to exercise their rights under the legislation for fear of reprisals by an employer. In an attempt to alleviate this problem, the Code expressly prohibits "reprisal or the threat of reprisal" against an employee seeking to enforce his or her statutory rights.

The broad remedial power of the Human Rights Commission reinforces the legislative intent of this provision. If the Commission is satisfied that a reprisal, actual or threatened, occurred, it may order, among other things, that the employee be reinstated. 

Your rights If you believe you are a victim of sexual harassment as described in the foregoing

definition, you should contact the office of Human Rights Commission and explain that you wish to lay a complaint of sexual harassment under section 13 of the Human Rights Code.

 The Human Rights Commission will examine your complaint after obtaining all the information from you.

If the opinion is reached that there should be further investigation and that possibly a Board of Inquiry should be appointed, the Human Rights Commission will proceed to do this.

And what you should do:

1. Make it clear to the harasser that the conduct is unwelcome and unacceptable. 2. Document each case of sexual harassment i.e. time, date, place, person involved,

description of the type of harassment, any witnesses. If there are witnesses, have them sign your documentation.

3. Check with co-workers to see if they have experienced similar harassment and document these cases.

4. Report all cases of sexual harassment to a person in a position of authority. 5. Use the legal protection available. Before you decide to leave your job because of

sexual harassment, report the case to the Human Rights Commission and obtain advice on the proper action to take.

6. Remember, you do not have to tolerate sexual harassment. Say "no" firmly and indicate you will not be intimidated and that you will take whatever action is necessary to protect your rights.

Your responsibility  As an employer you should know that if you are aware of any civil

misbehaviour of your employees, you may be held accountable. If one of your employees is successfully charged with sexual harassment against a person under his/her supervision, under section 13 of the Human Rights Code, you as the employer can be made a party to that complaint.

 And what you can do:

1. Send out a letter defining sexual harassment and your policy on it, to all staff and post it on employee bulletin boards.

2. Discuss sexual harassment in management and supervisory training sessions. Make supervisory personnel aware of the repercussions of sexual harassment and what it means to the work environment.

3. In orientation sessions with new employees, deal with the issue of sexual harassment and make it known that you will treat any complaints seriously.

4. Ensure that parties to complaints of sexual harassment are protected from reprisals from each other, or other workers, during the investigative process.

One of the leading Ontario decisions in the area of sexual harassment is the case of Re Commodore Business Machines and Minister of Labour for Ontario. The case is significant not only for the media sensationalism surrounding the hearing but also for the fact that it was decided prior to amendments to the Code specifically providing for freedom from sexual harassment.

In the Commodore case, six female employees complained that a factory foreman made repeated sexual advances. When the advances were refused, the foreman found fault with the employees' work and transferred them to jobs involving significantly heavier lifting and degrees of manual labour. The Board concluded that the foreman's actions constituted sexual discrimination, for which both he and the company were liable. The decision of the Board was subsequently affirmed by the Supreme Court of Ontario.