616 What is Sexual Harassment?
Sexual harassment generally refers to unwanted sexual comments or actions. If it takes place at work, or outside of work by your co-workers or your employer, the Ontario Human Rights Code and the Canadian Human Rights Act make this conduct illegal. Some types of behaviour could also be an offence under the Criminal Code.
There are at least five types of behaviour that are considered sexual harassment if they are unwelcome. Sexual harassment can take the form of spoken words, gestures, showing offensive pictures, physical contact, or intimidation. The following are examples of each of these types of behaviour.
Spoken words or sounds
Spoken words or sounds that are offensive may be sexual harassment if they happen on an ongoing basis. For example, it may be sexual harassment if someone is always talking about sex, telling jokes about sex or about gender roles, making whistling or kissing sounds, making sexual comments that are embarrassing, using vulgar language, making sexist remarks or insults, questioning someone about their sex life, or making sexual threats or put downs.
Gestures
Obscene or threatening gestures can sometimes be considered sexual harassment. These may be obvious or subtle, and may be made by someone's eyes, face, hands, or other parts of their body. Even an idea or thought that is made known to others by a gesture can be sexual harassment. This could happen when someone gives you looks with a sexually suggestive meaning, holds or eats food in an obscene or embarrassing way, is always flirting with you when it is unwanted, or sends you offensive or suggestive notes.
Obscene pictures
Showing obscene pictures or making someone look at something offensive is also a form of sexual harassment. If someone posts sexually explicit photographs or symbols, displays pornography, exposes himself, or shows another person obscene cartoons or drawings, it may be sexual harassment.
Physical Contact
Unwanted physical contact or threats of physical contact can be considered sexual harassment. To be considered sexual harassment, there does not always have to be direct contact. It could just be that someone stands too close to you on an on-going basis and makes you feel invaded or uncomfortable, or that someone corners you. It may be sexual harassment if someone brushes up against you, pinches you or touches you in an inappropriate way. If someone tries to force you into sexual touching or touches you without your consent, it may also be considered sexual assault under the Criminal Code.
Intimidation
Sexual harassment can also take the form of intimidation. Examples of intimidation include repeated requests for a date, or offering or asking for sexual favours. It can also take the form of an employer making an employee wear revealing or suggestive clothing.
Sexual harassment can take many forms, but will usually make the employee being harassed feel very uncomfortable in the workplace.
Every employee in Ontario has the right to work without being sexually harassed. Additional information is available on Legal Line about how to decide if you are being sexually harassed and what steps you can take to deal with the situation.