Sexual Harassment Can originate from a coworker or customer Coworkers can be colleagues, in position of power, or subordinate Offender may be same or opposite sex Prohibited under the NL Human Rights Code, Canadian Human Rights Act and labor Code, The Supreme Court of Canada, and International Laws It can happen anywhereanywhere It has many grey areas as laws continually evolve and employee-employee conflicts often end up involving the employer employee-employee conflicts often end up involving the employer

Forms Verbal Practical jokes Insults Threats Personal comments Innuendo Pictures, posters, graffiti Touching, stroking, pinching Insults or intimidation if a reasonable person should have known the behavior was unwelcome

Evolving Workplaces Today’s workplace is NOT the same as 10 years ago and is a DIFFERENT world than 30 years ago! All persons now need to know what constitutes sexual harassment. Employees have rights and should assert them if harassed. They should know the process of filing a complaint. Employers must be prepared to deal with it in the workplace. If they are not careful, they can breach their responsibility and become a party to the offence.

NL Human Rights Code “prohibits a person who is in a position to confer, grant, or deny a benefit or advancement from engaging in solicitation or sexual advance where the person making the advance knows or ought reasonably to know that it is unwelcome. A person who is in aposition to confer or deny a benefit or advancement to another person shall not penalize, punish, or threaten reprisal against that person for the rejection of a sexual solicitation or advance.”

Canadian Human Rights Act and Canadian Labour Code “any conduct, comment, gesture or contact of a sexual nature that is: – Likely to cause offense or humiliation to any employee, or – That might on reasonable grounds, be perceived by that employee as placing condition of sexual nature in employment or any opportunities for training or promotion”

Supreme Court of Canada “unwelcome contact of a sexual nature that detrimentally affect the work environment or leads to adverse job related consequences for the victims of harassment.”

Not Usually ConsideredUnacceptable and could be considered -Friendly Conversation -Polite Compliments -Encouragement -Showing Concern -Social interactions -Touching not considered sexual -Performance Counseling -Sexually suggestive touching or gesturing -Repeated requests for dates -Leering, staring -Off color jokes Suggestive posters, calendars, unwanted letters Lewd or sexually suggestive comments, foul language -Questions about personal life -Whistling -Violating Personal Space Definitely Considered -Sexual favors in return for employment rewards, threats if favours are not granted -Sexually explicit pictures -Sexually explicit remarks -Using status to request dates -Obscene letters or comments

What Can an Employee Do? -make it clear that the behavior is unwanted and unacceptable -document each case (time, date, place,person, description, witnesses). Have witnesses sign documentation -see if other coworkers have had the same experiences -report cases to someone in authority -report to the Human Rights Commission for advice What can the employer do? -establish a policy and pot it in plain view. Seek advice from the Human Rights Commission when developing the policy -discuss sexual harassment during training sessions -include discussion about sexual harassment in the employee orientation and make it known tat complaints will be taken seriously -take measures to ensure that all parties to complaints are protected from reprisals etc. during the investigation -react to complaints immediately and according to your policy -document your reactions to complaints and be prepared to use it in case you end up being accused as a party to a complaint

Cost of Sexual Harassment Medical conditions (migraine, nausea, insomnia) Emotional problems (low self-esteem, anxiety, fear, stress, frustration) Absenteeism Loss oo productivity A dangerous workplace with distracted, frustrated, conflicting,hesitant employees Unnecessary legal costs, especially when due care is not taken by employer