2.5 What is sexual harassment at work?

Sexual harassment is a form of psychological harassment under the labour standards law.

You are being sexually harassed at work if:

• Someone at work is behaving in a sexual way toward you. This means sexual comments, acts, or physical contact, and
• This behaviour is usually repeated, and
• You do not want or welcome this behaviour, and
• The behaviour has a negative effect on your job. This can mean you are dismissed, or punished, or your workplace environment is poisoned.

Flirting is not the same as sexual harassment. If you flirt, you like or welcome the sexual behaviour. Harassment means you do not want or welcome the behaviour. You are being sexually harassed if you tell the person you do not want him/her to continue acting this way, and the person does not stop.

Remember not everyone takes things the same way. You might not like or welcome someone’s behaviour. Someone else might. For example, you might not like it when Joe pinches you on the behind every morning, but Maria thinks it is just a joke. Once you tell Joe to stop pinching you, and Joe keeps pinching your behind, you are being sexually harassed.