Page 10 - GBC summer 2018 english

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Golf Business Canada
In Janzen v. Platy Enterprises Ltd., the court de ned sexual harassment as “unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victims of harassment.”
It is generally understood that sexual harassment refers to anything that is said or done towards co-workers or other persons who may be present in the workplace (e.g., customers or clients) that is either sexual in nature or related to a person’s gender and which is known to be unwelcome or which should be known to be unwelcome. Derogatory comments or conduct related to a person’s sexual orientation or gender identity may also be considered sexual harassment.
Generally speaking, in order to qualify as harassment, the court must nd that there has been a recurring pattern of behaviour or a series of incidents. However, there is a growing recognition that if the behaviour in question is serious enough, then something that is said or done only once might also be considered harassment.
EXAMPLES
Workplace sexual harassment is prohibited because it is recognized that all employees, regardless of their gender (or sexual orientation or gender identity) have a right to work in an environment that is free from harassment. No one should have to work in an environment that is stress- ful, degrading, disrespectful or dangerous to their mental or physical health.
It is important to understand that, when it comes to sexual harass- ment, the de nition of “workplace” is very broad.
An employee who engages in inappropriate behaviour directed at a co-worker during a work-related social function, a manager who sends inappropriate emails or texts messages to a subordinate or someone who engages in bullying behaviour directed at a co-worker via social media may all be found to have engaged in sexual harassment with a suf cient link to the workplace that it must be addressed by the employer.
To better understand how sexual harassment is de ned, it might help to consider some speci c examples of conduct that would be considered sexually harassing:
• Derogatory or inappropriate comments, slurs, taunting, insults, jokes, looks or gestures of a sexual nature or related to a person’s gender, sexual orienta- tion or gender identity.
•Unwanted physical contact, including touching, patting, fon- dling etc.
•Unwanted suggestive remarks made about a person’s appear- ance or personal life.
• Circulated or displayed sexually oriented jokes or sexually orien- tated material (i.e. inappropriate written materials or pictures).
• Unwelcome or unsolicited sexual advances, including romantic advances after it has been made clear that this is unwelcome.
• A refusal to hire or promote a person, or a decision to re them, unless they comply with sexual demands.
PREVENTION
Employers have a legal duty to take steps to prevent sexual harass- ment and to respond to it promptly if it does occur. Employers must make sure that their work environ- ments are environments where every- one, regardless of their gender, sexual orientation or gender identity, feels safe and respected. Employers should be aware of the kinds of behaviours that are considered harassment and should ensure that managers and employ- ees receive the training necessary to understand what is and what is not acceptable workplace behav- iour. Everyone should also be aware of what steps to take to report conduct that they consider harassing or inappropriate.
The best way to ensure that your staff are aware of what is and is not permissible at work is to have policies and procedures in place that clearly de ne sexual harassment, and that spell out the steps to take to report harassment if it occurs.