What Is Sexual Harassment?

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What is sexual harassment?

Sexual harassment is defined as repeated gestures or remarks made in order to obtain sexual
favours from a worker. It can be subtle without the victim being aware of it (e.g. a client keeps
telling sex oriented jokes), or more direct and progressively lead to abusive requests or gestures
(fondling), and even escalate into sexual assault or rape, threatening employment.

You should be able to differentiate between someone paying you a compliment about your
competence or value and someone using flattery that is demeaning and humiliating to you.

What are the consequences of sexual harassment at work?

 For the victim

It is hard not to fall into the sexual harassment trap. It often starts with seemingly harmless
remarks that become repeated, more persistent and soon combine with unwelcome physical
contact. In this particular form of harassment, the victim feels besieged, even preyed on,
humiliated and offended. It becomes impossible to concentrate on work. Anguish and distress
translate into nervousness, headaches, digestive problems, muscular pains and other
psychosomatic symptoms. The victim's own personal life may equally become affected.

 For witnesses inside the organization

Sexual harassment creates a work environment unpleasant not only for the victim but also for co-
workers who feel uneasy and powerless as witnesses. Sexual harassment can then deteriorate the
work environment and employee morale and motivation.

 For the organization

If sexual harassment is happening within a company, the organization may have to deal with
higher absenteeism, lack of motivation and loss of personnel. It may also be compelled to make
executive decisions that could temporarily affect productivity, i.e., transfers, dismissals, revised
or modified tasks, etc., thus losing revenue and competitiveness.

What are the legal consequences of sexual harassment?

Sexual harassment at work is an infringement and a denial of a person's right to dignity and
security, including physical and psychological integrity, as guaranteed provincial laws and their
codes or charters of rights and freedoms.

Every person has a right to full and equal recognition and exercise of his human rights and
freedoms, without distinction, exclusion or preference based on race, colour, sex, pregnancy,
sexual orientation, civil status, age except as provided by law, religion, political convictions,
language, ethnic or national origin, social condition, a handicap or the use of any means to
palliate a handicap.
Discrimination exists where such a distinction, exclusion or preference has the effect of
nullifying or impairing such right.

No one may harass a person on the basis of any ground mentioned earlier.

In more extreme cases, sexual harassment may lead to criminal suits.

A conviction under the law or the Criminal Code can affect a person’s right to practice a trade or
profession.

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