What if a client is being harassed at work?
General Rule: Employers have a responsibility to create a safe workplace and to take steps to make sure their employees aren’t harassed at work, by the employer themselves, by other workers or by any customers. This applies to most workers in Ontario, including full-time, part-time, contract, temporary and even volunteer workers. It also applies to workers on probationary periods.
Harassment can take different forms. Some examples of harassment include:
- Someone being threatened
- Someone being touched without permission
- Someone spreading sexual rumours
- Someone being bullied or joked about because of things like their appearance, their gender, their sexual orientation, or their religion
- Someone being told not to speak their own language while on break
- Someone pressuring a co-worker to meet outside of work
Sometimes harassment can also be a form of discrimination if it goes against a person’s human rights. This includes being treated differently because of things like:
- A record of offences
- A disability, including mental illness and addiction
- Race, colour, ancestry, ethnic origin, citizenship, or where someone was born
- Religious beliefs
- Age, marital status, or family status
- Sex, sexual orientation, gender identity or gender expression
When it comes to harassment, the impact of the behaviour is what matters, not the intent. It also doesn’t matter if the comment/conduct is misdirected or not (e.g., making incorrect assumptions about someone’s sexuality, etc.). The behaviour usually has to occur more than once for it to constitute harassment, but sometimes the comment/conduct is so harmful that once will be enough. This can make it hard to know what constitutes harassment and what doesn’t, so if your client is confused or if they’re worried that they won’t be able to prove what happened, you should refer them for legal advice. You can help them call the free Human Rights Legal Support Centre hotline, refer them to a specialty legal clinic or refer them to their local legal clinic (if it provides services in this area).
How You Can Help:
- Step 1: Tell your client to start keeping a written record of the harassment. They should try to make these notes as things happen to avoid forgetting details. These notes should include the date, the time, the place, who was speaking, what was said, what was done, and what they did.
- Step 2: Suggest they speak with their employer (or union representative where applicable) about the situation if they feel comfortable doing so. Tell your client to make notes during any discussions about the issue or help them write things down after the conversation. You should also remind them to keep copies of any paperwork, including emails or texts, that they have with their employer or union representative about this.
- Step 3: If your client is unsure whether they are experiencing harassment at work or whether it might be a form of discrimination, they can use the Human Rights Legal Support Centre’s online tool or contact the Centre directly for free legal advice and information. You can also refer them to a specialty legal clinic or the local legal clinic (if the clinic provides services in this area of law).
- Step 4: If your client would like to make a claim to the Human Rights Tribunal, make sure they file the claim within one year of the date they were discriminated against. For additional information on the process of filing a claim, help your client review the Tribunal’s resources. You can help them file their claim online by writing down what they say and helping them organize their documents.
