What You Can Do Legally If You’re Sexually Harassed at Work
- kenwat75
- Aug 4
- 6 min read
It is not easy to be in a situation where you are sexually harassed at work. You may feel uncomfortable, unsafe, or unsure about what to do next. Knowing your legal rights can help you take the right steps. In the United States, there are laws that protect workers from sexual harassment.
These laws apply to most workplaces and cover both men and women. If you are in Florida, Brenton Legal PA., helps individuals understand these protections and take appropriate legal action when necessary.
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If you are in Canada, however, this guide will explain what you can do legally if this happens to you. It will also help you understand how to report harassment, what your rights are, and when to take legal action.
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What Qualifies as Sexual Harassment at Work?
Sexual harassment at work means unwanted sexual behavior that affects your job or work environment. This includes unwelcome sexual advances, requests for sexual favors, inappropriate comments or actions that interfere with your work or create a hostile space.
Sexual harassment is classified into two types: quid pro quo, where job benefits depend on accepting sexual demands, and hostile work environment, where repeated offensive behavior makes work unpleasant. No matter who the harassment comes from, whether it’s your boss, a coworker or a client, they can be held accountable under law.
How to Document and Report Sexual Harassment
To protect yourself, document every incident of sexual harassment carefully. Write down the date, time, place, what happened, and who was involved. Save any emails, texts, or messages related to the harassment. So, check your employer’s policies on reporting and follow them exactly.
You should report the harassment to your supervisor or Human Resources in writing. When you speak about the harassment, clearly say the behavior is unwanted, and keep copies of all reports and communications. Throughout this process, protect your privacy and avoid discussing the issue widely at work.
What to Do If Your Employer Does Not Take Action (USA)
If your employer ignores or mishandles your sexual harassment complaint, start by documenting every incident and your attempts to report it. Send a clear, written follow-up to your HR or supervisor asking for an update.
If they still don’t act, you can file a charge with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment agency if you are in USA. remember, you usually have 180 to 300 days from the harassment incident to file a complaint with these agencies. Acting within this time frame is crucial to protect your legal rights.
What to Do If Your Employer Does Not Take Action (Canada)
The Ontario Framework: A Two-Pronged Definition
Ontario's legislative scheme provides two primary, overlapping definitions of sexual harassment, found in the Human Rights Code and the Occupational Health and Safety Act.
Under the Ontario Human Rights Code (HRC), sexual harassment is a form of discrimination based on sex, sexual orientation, gender identity, or gender expression. The foundational definition of harassment in the HRC is "engaging in a course of vexatious comment or conduct that is known or ought to be known to be unwelcome". Several elements of this definition are critical. The term "course of conduct" generally implies a pattern of behaviour or more than one incident, though the Ontario Human Rights Commission (OHRC) and tribunals have consistently affirmed that a single, serious incident can be sufficient to constitute harassment. The term "vexatious" refers to conduct that is annoying, humiliating, or offensive.
The core of the HRC definition lies in the standard "known or ought reasonably to be known to be unwelcome". This creates a two-part test that is both subjective and objective. The inquiry considers not only what the harasser actually knew about how their conduct was being received but also what a reasonable person in the harasser's position should have known. This objective prong is crucial, as it means the harasser's intent is not the determinative factor; rather, the impact on the recipient is paramount.
The Ontario Occupational Health and Safety Act (OHSA) defines "workplace harassment" broadly as "engaging in a course of vexatious comment or conduct against a worker in a workplace... that is known or ought reasonably to be known to be unwelcome". This general definition defines "workplace sexual harassment" in a manner that largely mirrors the HRC framework. This ensures that harassment is treated as a health and safety issue, separate from but consistent with its status as a human rights violation.
The Federal Framework: An Integrated "Continuum of Behaviour" Approach
The federal system takes a more integrated and expansive approach, particularly within its health and safety legislation.
Under the Canada Labour Code (CLC) and the accompanying Work Place Harassment and Violence Prevention Regulations, which came into force in 2021, a single, broad definition covers the entire spectrum of misconduct. "Harassment and violence" is defined as "any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee". This definition is intentionally all-encompassing, designed to capture a "continuum of inappropriate behaviors". The standard is purely objective: whether the conduct "can reasonably be expected" to cause harm, offence, or humiliation.
Under the Canadian Human Rights Act (CHRA), the approach is less direct. The Act does not provide a standalone definition of sexual harassment. CHRA simply incorporates sexual harassment as a prohibited form of discrimination without defining its specific elements within the CHRA itself. For definitional guidance, one often looks to the jurisprudence and the broader CLC framework.
Should You Consult an Employment Attorney?
Consulting an employment attorney experienced in sexual harassment cases offers many benefits. A qualified lawyer can explain your rights, guide you through the legal process, and help protect you from retaliation. They also assist in gathering evidence and negotiating fair settlements.
So, when speaking to a potential attorney, ask about their experience with sexual harassment cases, how they handle fees, and their communication style. Many work on a contingency fee basis, meaning you pay only if you win, and often offer free initial consultations.
Conclusion
Sexual harassment at work is serious, and you have the right to take legal action. Knowing what counts as harassment, how to report it, and what steps to take can help you stay protected. If your employer does nothing, you can go to a government agency or speak with a lawyer, as you have legal rights, and there are people who can help you.
In Canada, the federal system, covering sectors like banking and air travel, takes a proactive, preventative approach, treating harassment and violence as a single continuum with highly prescriptive employer duties. In contrast, Ontario's system is more reactive and fragmented, separating harassment from violence and giving employers more discretion in their response.
The most significant difference lies in the available remedies. While both systems offer recourse, Ontario's Human Rights Tribunal can award uncapped damages for pain and suffering. The federal system is limited by an outdated statutory cap of $40,000, creating a profound inequity for victims.
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You may want to consult with an experienced employment law firm, such as HTW Law, to learn about your employment law rights in case of sexual harassment and sexual discrimination to ensure that your rights are fully protected. By doing so, you can ensure that you receive fair compensation for the actionable discrimination and safeguard your employment rights.
With the right legal support, employees can navigate the challenges of unfair practices and work towards a more equitable and respectful work environment.Â
You don't have to fight the battle alone. Speaking with an employment lawyer who is familiar with the laws and intricacies regarding disability discrimination will go a long way. If you are in doubt, it's essential that you reach out for help as soon as possible right away.
Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.
Author Bio:
Ken Wat has been an avid writer since his school days. This passion for writing combined with his background in law made him the writer he is today. He loves to break down complex legal jargon into something that the average Canadian can easily understand. His work has been published on numerous sites across the internet. Ken hopes to become a distinguished lawyer one day and start his own practice