What is Harassment?
Federal Definition
The Canadian Human Rights Commission defines harassment as "a form of discrimination. It involves any unwanted physical or verbal behaviour that offends or humiliates you. Generally, harassment is a behaviour that persists over time. Serious one-time incidents can also sometimes be considered harassment."
Harassment 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).
Provincial Definition
Harassment occurs when someone is subjected to unwelcome verbal or physical conduct. Harassment is a form of discrimination that is prohibited in Alberta under the Alberta Human Rights Act if it is based on one or more of the following grounds: race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, or sexual orientation.
Unwanted physical contact, attention, demands, jokes or insults are harassment when they occur in any of the areas protected under the Alberta Human Rights Act. These protected areas are statements, publications, notices, signs, symbols, emblems or other representations that are published, issued or displayed before the public; goods, services, accommodation or facilities customarily available to the public; tenancy; employment practices, employment applications or advertisements; and membership in trade unions, employers' organizations or occupational associations.
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Are Employers Responsible When Harassment Occurs?
Workplace harassment
The Alberta Human Rights Act protects employees against harassment in and away from the workplace, if harassment is based on one of the protected grounds and the incidents occur in connection with their employment.
When a supervisor harasses an employee, it is an abuse of authority and the employer may be held responsible. It is inappropriate behaviour that may deny equal employment opportunity to the employee who is harassed.
When a co-worker harasses another employee, the employer may be held responsible.
Harassment based on race and religious beliefs
These are all forms of harassment when they occur in the areas protected under the Act: derogatory comments, taunts, threats, jokes, teasing or jeering about race, colour, national or ethnic origins, or about adornments and rituals associated with cultural or religious beliefs.
Employers are legally responsible for actively discouraging and prohibiting humiliating conduct or language that results in one employee's working conditions being less favourable than another's.
Sexual Harassment
Sexual harassment is a form of discrimination based on the ground of gender, including transgender, which is prohibited under the Alberta Human Rights Act. [1] 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.
In Alberta, employers are responsible for maintaining a work environment free from sexual harassment for all employees, customers and clients.
An employer 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.
Contact Wendy Ellen Inc. today for to develop a thorough understanding of harassment and its impact on your workforce.
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Harassment is not new. What is new is a growing awareness of this serious problem in the workplace. Harassment can prove costly to employers through lost productivity, lost time through stress-related illnesses, frequent staff turnover and lowered staff morale.
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Take the Time to Develop an Effective Harassment and Sexual Harassment Policy
Developing and implementing an effective workplace policy is key in preventing harassment. Education is also important. People have to know there is a policy and what it says. The employer's position on harassment should be contained in a clear policy statement, distributed to all employees, posted on bulletin boards and provided to all managers, supervisors and new employees.
At Wendy Ellen Inc. we recommend that a well-defined and clearly written policy should include the following elements:
- Policy Statement
- Definition of Harassment/Bullying
- Definition of Sexual Harassment
- Procedure for Dealing With Harassment
- Internal Harassment Complaint Process
- Responsibility of Management
Leadership is critical to any effective harassment policy. With a well developed policy, senior management has a chance to demonstrate a proud corporate commitment to fair and equal treatment of all employees.
Managers must take a lead role in reminding staff (in newsletters, annual reports, at meetings, etc.) that harassment is against company policy and the law.
Education is important in preventing sexual and other types of harassment. Everyone must know about the policy, and management must ensure staff at all levels are aware of the ongoing commitment to that policy. A sensitive policy also can serve to foster an understanding of the true nature of harassment and its destructive consequences. Remember: prevention is better than cure, and a policy prohibiting harassment can provide the basis for prevention.
Developing harassment policies requires detailed knowledge.
Contact Wendy Ellen Inc. for assistance today.
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Coach's Corner: What An Effective Harassment Policy Does For Your Organization
Policies that work:
Encourage employees to come forward with complaints. How a policy sounds and is structured is important. Management has to demonstrate its commitment to eliminating all forms of harassment.
Ensure acceptance by all staff, unions and employee associations when time is invested through consultation, input and feedback.
Provide a clear definition of harassment, as it relates to the protected areas and grounds in the Alberta Human Rights Act.
Include guidelines for individuals seeking advice about making a sexual or other type of harassment complaint.
Maintain confidentiality of complaints and protect employees from retaliation.
Designate a person or persons to hear complaints. These individuals should be viewed by other employees as neutral but as having the authority to act. If possible, have more than one person assigned to this important, sometimes emotionally-taxing, job.
Lay out the steps. Effective harassment policies provide a step-by-step description of what happens in the company when a complaint of harassment is made. To encourage prevention, also spell out the disciplinary consequences for harassing any employee.
Guarantee a fair and prompt reaction to anyone with a complaint of harassment.
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