Preventing Workplace Harassment
Bystander Effect
A phenomenon where people are less likely to object to or report inappropriate conduct when others also witness the same misconduct. The bystander effect is thought to arise, in part, from diffusion of responsibility. Bystander intervention techniques are taught to empower bystanders to intervene.
Bystander Intervention Techniques
Techniques you can use and actions you can take when you witness sexual harassment, other forms of workplace harassment or any inappropriate workplace behaviour. A bystander can intervene directly or indirectly, by, for example, distracting the target or perpetrator of the inappropriate conduct or by reporting the conduct to a supervisor or human resources (HR).
Diffusion of Responsibility
The tendency of a person to feel less responsibility to help or intervene in a given situation when there are others present, because the person assumes that someone else will take action. Social psychology research indicates that diffusion of responsibility increases as the number of bystanders increases.
Discriminatory Harassment
Conduct that is vexatious, known (or reasonably ought to be known) to be unwelcome and based upon a protected ground of discrimination.
Gender Identity
Each person’s internal and individual experience of gender. It is their sense of being a woman, a man, both, neither, or anywhere along the gender spectrum. A person’s gender identity may be the same as or different from their birth-assigned sex. Gender identity is fundamentally different from a person’s sexual orientation.
Harassment
A course of conduct, comments, gestures or physical acts that is vexatious, known (or reasonably ought to be known) to be unwelcome, and causes an employee to be humiliated or intimidated. Examples of harassment can include yelling, screaming or offensive language; excluding or shunning an individual; insulting or putting down an individual; blaming someone else for errors; discounting, denying or taking credit for someone else’s accomplishments; repeated unwarranted criticism; sabotaging someone else’s work product; and withholding information vital for safe or productive work.
Poisoned Environment
Arises when harassing conduct related to a protected ground amounts to serious wrongful behaviour. Generally, a poisoned environment is not created unless the serious wrongful behaviour is persistent or repeated. However, a single very serious incident may suffice.
Protected Grounds
Provincial and territorial laws protect employees from discrimination and harassment based on certain individual characteristics. The protected grounds included in the law of each province and territory include race; national or ethnic origin, ancestry or citizenship; colour; creed, religion or religious belief; age; sex or gender; sexual orientation; gender identity; marital status; family status; civil status or affiliation; and disability. Some examples of protected grounds included in the law of only certain provinces or territories are political belief or activity; source of income or receipt of public assistance; social disadvantage or condition; aboriginal origin or indigenous identity; and language. Protected grounds may also be called prohibited grounds.
Quid Pro Quo Harassment
Quid pro quo means “this for that”. Quid pro quo sexual harassment, or sexual solicitation, occurs when submission to or rejection of unwelcome sexual conduct is used as the basis for decisions affecting a person’s employment, such as whether the person is promoted or receives a raise.
Reporting
Sharing concerns about inappropriate behaviour with a supervisor, HR, another member of management or external government agencies, such as the human rights commission in a province or territory.
Reprisal
An employer action or threat to take action that is intended as retaliation against an employee who comes forward with a complaint or who otherwise seeks to enforce their rights under legislation. All employees are protected from reprisal for reporting in good faith a concern about harassment or discrimination; enforcing or seeking to enforce, in good faith, their rights under human rights legislation, minimum standards legislation, occupational health and safety legislation, or workplace safety and insurance legislation; and testifying, assisting, or participating in an investigation, proceeding, or hearing related to harassment or discrimination.
Sex or Gender Stereotyping
The practice of ascribing to a person specific attributes, characteristics or roles by reason only of the person’s gender or sex. Gender stereotyping includes making assumptions about a person’s appearance or behaviour, gender roles, gender expression, gender identity, or an ability or inability to perform certain kinds of work based on a myth, social expectation, or generalization about the individual’s gender or sex.
Sex-Based Discrimination
Involves treating an applicant or employee unfavourably because of that person’s sex. Pregnancy discrimination is a form of sex discrimination.
Sexual Harassment
A form of illegal sex discrimination. Sexual harassment is a course of comment or conduct that is vexatious; known (or reasonably ought to be known) to be unwelcome; of a sexual nature; and that either is likely to cause offence or humiliation to any employee; or might reasonably be perceived by an employee as placing a condition of a sexual nature on employment. Sexual harassment includes situations where the harasser has authority over the victim and makes an unwelcome sexual solicitation or advance; or a reprisal, or threat of reprisal, for the rejection of a sexual solicitation or advance.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.