Am I being harassed at work?

Harassment

According to the Treasury Board Secretariat's (TBS) Policy on Harassment Prevention and Resolution, harassment is normally defined as a series of incidents, but it can be a one-time serious incident when it has a lasting impact on the individual.

Improper conduct by an individual, that is directed at and offensive to another individual in the workplace, including at any event or any location related to work, and that the individual knew or ought reasonably to have known would cause offence or harm. It comprises objectionable act(s), comment(s) or display(s) that demean, belittle, or cause personal humiliation or embarrassment, and any act of intimidation or threat. It also includes harassment within the meaning of the Canadian Human Rights Act.

Conflicts

Conflicts in the workplace are part of our reality.

They generally arise because individuals or groups have opposing opinions, needs or expectations. Given that every employee of an organization comes with baggage containing their own experiences, values and customs, it is not surprising that differences occur among individuals.

Conflicts can be constructive when they give rise to new ideas and innovative solutions and when they allow for adjustments. Conflicts cease to be useful when we don't deal with them or mismanage them, and when they result in a personal attack against someone else. It is important to understand that a mismanaged conflict quickly spreads to the point of disturbing not only the people involved in the conflict, but also those around them.

Discrimination

Discrimination is an action or decision that treats a person badly for reasons such as:

• race
• national or ethnic origin
• colour
• religion
• age
• sex
• sexual orientation
• gender identity or expression
• marital status
• family status
• disability
• genetic characteristics
• a conviction for which a pardon has been granted or a record suspended (pardoned conviction).

These reasons are grounds for discrimination and are protected by the Canadian Human Rights Act. This can also be founded as harassment.

Criteria

What criteria is used to establish whether harassment has occurred? (Note: A complaint of harassment must be filed within twelve months of the last admissible event of harassment leading to the complaint unless there are extenuating circumstances.)

To establish a finding of harassment, each of the following elements must be present:

1. The person displayed an improper and offensive conduct including objectionable acts, comments or displays, or acts of intimidation or threats, or acts, comments or displays in relation to a prohibited ground of discrimination under the Canadian Human Rights Act;
2. The behaviour was directed at another person;
3. The other person was offended or harmed, including the feeling of being demeaned, belittled, personally humiliated or embarrassed, intimidated or threatened;
4. The respondent knew or reasonably ought to have known that such behaviour would cause offence or harm;
5. The behaviour occurred in the workplace or at any location or any event related to work, including while on travel status, at a conference where attendance is sponsored by the employer, at employer-sponsored training activities/information sessions and at employer-sponsored events, including social events;
6. There was a series of incidents or one severe incident which had a lasting impact on the individual.

Examples of what does and doesn't constitute harassment

What does not generally constitute harassment

• The normal exercise of management rights
• Exclusion of individuals for a particular job based on specific occupational requirements necessary to accomplish the safe and efficient performance of the job
• Taking corrective or disciplinary measures when justified
• Friendly gestures among co-workers such as a pat on the back.

What generally constitutes harassment

• Serious or repeated rude, degrading, or offensive remarks, such as teasing related to a person's physical characteristics or appearance, put-downs or insults
• Systematically and voluntarily singling a person out during meetings
• Serious or repeated threats, intimidation or retaliation against an employee, including one who has expressed concerns about perceived unethical or illegal workplace behaviours
• Bullying (physical, verbal, social, cyber), for example, humiliating a person in a public setting, falsely accusing, negatively affecting a person's reputation by rumour-mongering and taking credit for work done by a co-worker
• Abuse of a situation of authority or power^{Footnote *} to prevent access to information and resources (time, budget, autonomy, training), favour certain employees and single out others, regularly request personal favour from subordinates, etc.

For more information, please see the Tool to Guide Employees.

Inappropriate behaviours and incivility that does not constitute harassment, but still need to be addressed

• Regularly talking loudly in the workplace and disrupting your colleagues;
• Always being in a bad mood;
• Slamming doors;
• Constantly interrupting your colleagues during meetings;
• Barging in on colleagues who are having a conversation;
• Whining about trivial things;
• Not being polite to colleagues, for example, never saying thank you, never saying hello, swearing in the workplace, etc.;
• A single or isolated incident such as an inappropriate remark or abrupt manner;
• Supervisory mistakes;
• Unresolved conflicts that drag on.

Sexual harassment in the workplace

Behaviours that may constitute sexual harassment:

• Making comments or making fun of physical characteristics with regard to a person's gender or reducing a person to stereotypes
• Invading personal space or following a person
• Using inappropriate humour and making inappropriate jokes of a sexual nature
• Requesting sexual favours, unwanted physical contact such as hugging
• Repeatedly making remarks or asking questions about a person's sexual preferences, sexual orientation or gender
• Threatening an employee for refusing sexual advances or favours
• Repeated inappropriate invitations or advances, despite being turned down, whether with a sexual connotation or not
• Repeated flirting that is unwanted and unsolicited

Behaviour consisting of inappropriate sexual touching can constitute a criminal offence in the same manner as sexual assault. The victim must contact the police in this case. The employer cannot file a complaint on behalf of the victim.

Don't hesitate to contact our harassment advisors for more information.

Cyber Harassment

Psychological harassment on social media and by using new technologies;

Behaviours that may constitute cyber harassment:

• Transmission of threatening emails
• Dissemination of rumours
• Publication on social media of defamatory comments regarding the person
• Sending negative messages directly to the person on social media
• Online utilization of the other person's identity (e.g. creating fake accounts using the other person's identity)
• Harassment during a virtual meeting
• Sending pictures or graphic material that are offensive
• Creation of online content that represents the person negatively

If you are the target of one or many of these behaviours, we suggest you to block the person on your social media account(s) and document all inappropriate and offensive messages, comments, and material. Please then follow up with an advisor. If you receive any violent threats, do not hesitate to contact the police and file a report.

If you or someone you know have been the victim of cyber harassment in the workplace, please contact our advisors for more information.