Harassment and Discrimination FAQs

HTW Law Harassment & Discrimination FAQs
What Defines Workplace Harassment?
 

Office harassment are unwelcome verbal or physical behavior. Note that not all unpleasant behavior qualifies as harassment. Harassment becomes unlawful when the conduct is severe or pervasive enough that a reasonable person would consider the office to be a toxic working environment. Harassing conduct may include offensive jokes, name-calling, physical assaults or threats, insults, offensive pictures, etc….

What is Defined as Discrimination?

Discrimination is the unfair or prejudicial treatment of people and groups based on characteristics such as race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability. Intent to discriminate is not necessary.

Office Harassment vs Discrimination
 

Office Harassment is the improper conduct by an individual, that is directed at and offensive to another individual in the workplace, and that the individual knew or ought reasonably to have known would cause offence or harm.. Discrimination is the unfair or prejudicial treatment of people and groups based on characteristics or group association.

What Is Sexual Harassment?

In Janzen v. Platy Enterprises, the Supreme Court of Canada has ruled unanimously that sexual harassment is discrimination based on sex. Sexual harassment may include unsolicited sexual jokes, or unwanted touching and repetitive gestures of affection, physical assault, including attempted and actual rape. Sexual harassment includes cyber harassment.

Common Type of Workplace Harassment
 

Office harassment are unwelcome verbal or physical behavior. Not all unpleasant behavior qualifies as harassment. Here are the 5 most common types of workplace harassment:

How Many Text Are Harassment?

Bullying is wrong. Cyber Harassment is a new form of harassment in a digital age. Email, blogs, Facebook, cell phone text messaging, Whatsapp, etc. are all possible domains for harassment. The employment laws in related to harassment and discrimination does not draw a distinction between discriminatory remarks there were published online or offline.

What Evidence to Prove Harassment?
 

Harassment is defined as 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. Each of the above elements must be present to establish harassment.

Fired In Retaliation to Complaint

Harassment & Discrimination should never be tolerated. When it comes to terminating employees, it should be clear that you can’t fire someone for illegal reasons. Employees are generally safeguarded from retaliatory termination for the following types of legally protected activity.

How Do I Complain About Harassment?
 

Office harassment are unwelcome verbal or physical behavior. Harassment becomes unlawful when the conduct is severe or pervasive enough that a reasonable person would consider the office to be a toxic working environment. There are many legal forums to file harassment complaints. Will discuss some of the more common legal forums in this post.