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Equal Employment Opportunity

Overview

Please review the information below and then return to the workplace harassment prevention course.

Applicable Laws

The Constitution provides for equal opportunities and treatment for men and women in employment and for the elimination of economic and social privilege on the basis of any protected characteristic. There is no national law specifically barring employment discrimination.

The Anti-Sexual Harassment Act (2024) prohibits workplace sexual harassment.

Protected Characteristics

The Constitution provides for the elimination of privileges on the basis of any characteristic set forth below.

  • Race
  • Ethnicity
  • Colour
  • Creed
  • Disability
  • Sex

Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.

Definitions

Sexual harassment

A person commits an act of sexual harassment against another person if that person engages in any unwelcome conduct of a sexual nature where that person knows, or ought reasonably to know, that the conduct is unwelcomed by the other person.

Sexual harassment includes conduct which involves:

  • making an unwelcome sexual comment to a person, sexual comment about a person within that person’s hearing, sexual innuendo to a person, sexual gesture to a person, sexual contact with a person, sexual advance towards a person, request for sexual favours from a person
  • providing a person with unwelcome sexual images or graphics or audio of a sexual nature
  • transmitting unwelcome electronic messages of a sexual nature to a person
  • exposing a third party to any harassing conduct
  • making it appear to a person seeking employment that the offer of employment to that person or the terms on which employment is offered, are contingent on that person’s acceptance of or submission to any unwelcome sexual advances from the prospective employer
  • making it appear to a co-employee that the prospects or working conditions of that co-employee are contingent upon the co-employee’s acceptance or tolerance of unwelcome sexual advances from the person or his employer or supervisor
  • making it appear to another person that preferential treatment or other advantage would only be provided to that person upon that person’s acceptance of or submission to unwelcome sexual advances
  • making it appear to another person that preferential treatment or other advantage would only be provided to that person upon that person’s acceptance of or submission to unwelcome sexual advances
  • directly or indirectly engaging in any other form of unwelcome conduct of a sexual nature

 

Any conduct described above constitutes sexual harassment irrespective of:

  • the method used to convey the conduct or
  • whether the conduct was committed on a single occasion.


In assessing potentially harassing conduct, the circumstances to be taken into account include:

  • the sex, gender, age, relationship status, sexual preference, gender identity, religious belief, colour, race, national or ethnic origin of the person who has alleged sexual harassment
  • the relationship between the person alleging sexual harassment and the person who is alleged to have made the advance or request or who engaged in the conduct
  • any disability of the person alleging sexual harassment
  • any other relevant circumstance.

 

Filing a Claim

A claim for employment discrimination or harassment may be filed in court.

Potential Remedies

An employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.

  • Hiring
  • Transfers
  • Reassignments
  • Promotions
  • Reinstatement to a position
  • Compensation for lost wages and benefits
  • Damages for injury to dignity or feelings
  • Cease and desist orders

Retaliation Prohibited

Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.