Sexual harassment and assault
Sexual harassment and sexual assault at work:
- are prohibited under the Ontario Human Rights Code;
- are acts that an employer must have policies and procedures to deal with under the Ontario Occupational Health and Safety Act;
- are prohibited for federally regulated employees, under the Canadian Human Rights Act;
- can give rise to criminal charges;
- usually entitle the victim to a successful claim for constructive dismissal;
- can give rise to civil claims for compensation, in addition to constructive dismissal;
- if raised, will give rise to an employer’s duty to investigate under both the Ontario Occupational Health and Safety Act and at common law;
- are rarely ever admitted to by the perpetrator; and;
- have recently resulted in much larger damage awards than was the case historically.
Guy Hunter can assist victims of sexual assault or sexual harassment at work get compensation and other forms of redress.
This can be done either through direct negotiations with the employer or through launching a civil and/or human rights claim to the Ontario Human Rights Tribunal, the civil courts, or for federally regulated employees, through a claim to the Canadian Human Rights Commission.
Guy Hunter can also help give you advice as the employer conducts their investigation.
An employee who is sexually harassed or assaulted at work can usually resign without forfeiting his/her right to reasonable notice, as it is not reasonable to expect someone so treated to continue working. If, however, the employer is large, moving the employee or the perpetrator of the assault to a different geographical location may be considered as an alternative. This is especially likely if the employer can not determine whether the alleged sexual harassment or assault took place.
Guy Hunter does not practice criminal law, and can give no advice about criminal law or procedures.
Guy Hunter can assist you with making civil or human rights claims, however.
Individuals who have been physically touched by their coworkers without their consent have a right to sue for sexual assault, civil assault or civil battery (an unwanted touching) on top of their right to sue for constructive dismissal.
What do I do if I’m being harassed at work?
This is a tricky area legally, emotionally, and professionally.
The answer will depend on the facts, your goals, the kind of harassment, the nature of your employer and how the harassment is affecting your mental health. It makes sense to get advice from a lawyer, a career coach and, if helpful, a doctor or mental health professional.
We lawyers tend to take a rights approach and will usually encourage you to bring forward a complaint with the employer, the Ontario Human RIghts Tribunal, the Ministry of Labour, or to sue in the courts for monetary compensation.
The kinds of remedies available to you differ greatly. You need to consider if you are seeking justice, monetary compensation, a change in behaviour, and whether you wish to leave the employment or stay in the job, but perhaps get transferred to another area.
Guy Hunter may be reached at 416-856-4179 or 416-901-4179 for a free half-hour consultation on how best to approach this situation. You can also email him at ghunter@lawyer.com but a phone call will likely be responded to more quickly.
Sexual and racial harassment are clearly prohibited under the Ontario Human Rights Code and employers have a duty to investigate any harassment allegations.
Until recently, some other forms of harassment experienced in the workplace may not have been taken seriously from a legal perspective. That changed with amendments to the Ontario Occupational Health and Safety Act which included prohibitions for “workplace harassment” defined as:
(a) engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome, or
(b) workplace sexual harassment; (“harcèlement au travail”).
“Workplace sexual harassment” was defined to mean:
(a) engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or
(b) making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome (“harcèlement sexuel au travail”).
“Workplace violence” is also defined under the Occupational Health and Safety Act and employers have a duty to have policies in place to minimize it and to deal with allegations of workplace violence when they arise.
The main purpose of the provisions concerning “workplace harassment” and “workplace violence” under the Ontario Occupational Health and Safety Act is to make sure that employers are aware of the issues and are taking steps to prevent their occurrence and deal with problems when they arise.
The main objective of an employment or human rights lawyer is to try and help the harassed or violated employee get compensation or such other forms of action, including changes in employer behaviour, as the abused employee may seek.
Contact Guy Hunter at 416-856-4179 to confidentially discuss your situation.
When every attempt is made to provide helpful information in this website, you may not rely on the information above as legal advice.