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Ontario|Employment LawSexual Harassment 618 What to do if you are sexually harassed If you are being sexually harassed, you have several options. The option you choose will depend on your particular situation and the place you work. In all cases, the harassers can be held responsible for their actions. In most cases, the employer is also responsible for dealing with the problem in a fast and proper way. The main options for people being sexually harassed include talking to the harasser, complaining to the employer, complaining to the Ontario Human Rights Commission, suing the harasser and/or the employer, or having criminal charges laid. If you are not able to quickly resolve the situation in an informal way, you should discuss your options with a lawyer.
- Talk to the harasser
The first option is to talk to the harasser. Depending on the situation, you may feel comfortable enough to tell the harasser that you do not like what is going on. Sometimes if you let the person know in private that you would rather not hear their jokes or comments, they will stop. It is usually best to first try to solve problems informally if possible.
- Talk to a manager or supervisor
The second option is to talk to a manager, supervisor, or someone in the human resources department of your company. If you have tried talking to the harasser, or feel that the problem is too serious, then you may want to talk to a manager, supervisor or human resources about the problem. It is usually best to put your complaint in writing and keep notes of any meetings you have. If your company has a complaints system for sexual harassment, you should follow the proper procedures.
If you make a complaint to your employer, the employer will usually tell the harasser about the complaint and give that person a chance to explain the situation. If the employer believes that there was sexual harassment, the employer can do several things. Usually, the employer will tell the harasser to apologize and stop the harassment. In addition, the harasser may be given a warning that is put in their file, they may be suspended with or without pay, or they may be fired if the harassment is very serious.
- Complain to the Ontario Human Rights Commission
If your complaint has not been dealt with properly by your employer, or the problem is very serious, you may be able to make a complaint to the Ontario Human Rights Commission. The Ontario Human Rights Commission can have a Board of Inquiry decide if there is sexual harassment and then award an amount of money as compensation, or they can arrange for mediation. If an employee's case goes to a Board of Inquiry, the Human Rights Commission will appoint someone to represent the employee without any cost.
To make a complaint to the Ontario Human Rights Commission, you should call the Commission and speak to an Investigator. The Commission will send you forms to fill out with the details of your situation. If the investigator thinks that your case is strong enough, it will be sent to a Board of Inquiry. Many cases do not make it to a Board of Inquiry because there is not enough evidence to prove the case or the complaint forms were not filled out with all the proper information, or it was resolved at mediation. If your case does go to the Board of Inquiry, it is a lot like a trial. The Board will hear each side's story, listen to any witnesses and make a decision.
In some cases, it can be several years before a complaint is considered by the Board of Inquiry. A much faster way to resolve your complaint through the Ontario Human Rights Commission is called mediation. Mediation is a meeting between the person making the complaint and the person being accused of harassment, and in some cases, the employer. At the meeting, there is a person called a mediator who helps the two sides find a solution to the problem.
- Sue the harasser and/or the employer
The fourth option if you are being sexually harassed is to sue the harasser or to sue the harasser and the employer. If you suffer a financial or emotional loss because of the sexual harassment, you may be able to sue the harasser and you may also be able to sue the employer. The employer is responsible to promptly and effectively bring an end to the sexual harassment once they are aware of it or when they should have been aware of it. If the employer fails to do this, you may be able to recover some or all of your loss from the employer. This option is used most often by employees who were fired or forced to quit as a result of the sexual harassment. You may be precluded from suing only the harasser for the sexual harassment, unless you can argue it was a constructive dismissal, assault or some other civil wrong. The legal issue surrounding sexual harassment lawsuits is very complicated and you should consult with a lawyer for assistance.
- Bring criminal charges
The fifth option applies only to certain types of sexual harassment. If you are forced into any sexual act against your will or you are touched in a sexual way without your consent, the harasser may be guilty of sexual assault. You can contact the police and report the situation. If appropriate, the police can then lay criminal charges.
- Deciding what to do
Before deciding on an option, you should write down a list of what happened, when it happened, and who was involved. This way, you will have a clear idea of what you are claiming, and it will make it easier for someone hearing your complaint to understand your situation. If your situation is not quickly and completely resolved through an informal process, you should seek the advice of a lawyer.
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