Definition
of Workplace Sexual Harassment
What is workplace sexual harassment?
Sexual harassment is an expression of perceived power or superiority by one person over another. Sexual harassment is any unwelcome sexual advance, statement or request for sexual favours , and other verbal or physical conduct of a sexual nature. It is about power and intimidation and carries a hidden or not-so hidden threat to a victim’s employment or a student’s education. Sexual harassment is a form of sexual violence and is against the law.
Harassment or discrimination happens when a comment or action occurs that is known or ought to have been known to be unwelcome or offensive.
Some examples of sexual harassment are:
Physical
- Grabbing, touching or pinching someone
- Unwanted massages or bear hugs
- Cornering, trapping, or blocking a person’s pathway
- “Accidentally” brushing sexual parts of someone’s body
- Sexual assault, rape or attempted rape
Verbal
- Sexual jokes or innuendos, misogynist humour
- Comments about someone’s body, attractiveness, or sexual orientation
- Catcalls, whistling and forms of address: honey, babe, etc.
- Pressure for sexual activity or dates
- Talking about one’s sexual exploits at work in a very graphic way
Visual
- Presence of sexual visual material, such as pinups, cartoons, graffiti, computer programs, catalogs of a sexual nature
- Written material that is sexual in nature, such as notes or e-mail containing sexual comments or unwanted love letters
- Staring or leering
- Obscene gestures
Gender Harassment
- Gender harassment is a form of sexual harassment. It includes generalized sexist statements and behavior that convey insulting or degrading attitudes about women.
- Examples include insulting or condescending behaviour towards women, environments that objectify women (i.e. salespeople entertain clients with strippers), obscene jokes or humor about sex or women in general.
What is considered one’s workplace?
- The harassment may take place in one’s work setting, outside the work setting, in a home, while traveling on business or at business functions. It can happen face-to-face, in writing, or electronically by means of phone, email, internet, text and instant messaging.
Sexual Harassment is NOT…
- Consensual sexual interaction
- Physical affection between friends
- Mutual flirtation, joking or teasing
Sexual advances constitute sexual harassment when…
- submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment (sexual bribery)
- submission to or rejection of such conduct is used as the basis for employment decisions affecting such individual (sexual coercion)
- such conduct has the effect of interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.