2.7 What should my employer do if I am being psychologically or sexually harassed at work?
[Student Manual, page 19]
Your employer must do two (2) things:
- Prevent psychological or sexual harassment at the workplace. The employer can do this by having company rules against psychological or sexual harassment. Your employer can also name an employee to make sure there is no workplace harassment.
- Stop any psychological or sexual harassment that happens at the workplace. The employer must listen to you if you think you are a victim of harassment, look into your complaint, talk to the people involved, and take other steps to stop the harassment.
2.8 What if I keep being harassed?
[Student Manual, page 19]
If your employer does nothing, or if the harassment continues, you can file a complaint. You file the complaint against your employer, not the harasser, because your employer is supposed to make sure you are not harassed at work.
Where to file a complaint
Psychological harassment:
Where you file your complaint depends on what type of employee you are.
- If you are non-unionized, or are a manager in a private company, file your complaint with the Commission des normes du travail (Labour Standards Commission). You have 90 days following the last act of harassment to file a complaint.
The Commission will decide if there is enough reason to look into your complaint. If it decides to continue with your
Mediator A person who helpstwo people reach an agreement. complaint, it can name a person, called a mediator, to try to get you and your employer to solve the problem together.
If you and your employer cannot agree on how to solve the problem, the Commission will send your complaint to the Commission des relations du travail (Labour Relations Commission). This Commission will hear both of you and decide what to do.
- If you belong to a union and have a collective agreement, follow the steps in the agreement;
- If you work for the Quebec government, file your complaint with the Commission de la fonction publique (Public Service Commission).
Sexual harassment:
Sexual harassment is a kind of psychological harassment. If you are sexually harassed at work, you can file a complaint for psychological harassment with the Commission des normes du travail (Labour Standards Commission). See the above section.
You can file a complaint for sexual harassment in the following ways:
- file a complaint with the Commission des droits de la personne et des droits de la jeunesse du Québec (Quebec Human Rights Commission);
- get a lawyer and sue for damages in the regular courts;
- file a claim for compensation with the Commission de santé et de sécurité au travail (the CSST, or worker’s compensation). You can do this if you suffer physical or mental problems because of very serious sexual harassment.
Information on how to contact these organizations is provided in Section 8.3.