Sexual harassment is one of the most common forms of discrimination in the work place. Unfortunately, bad behaviour in not limited to heterosexuals - it can happen between two men or two women, as much as between men and women.

The Human Rights Commission defines sexual harassment as any unwelcome behaviour, sexual in nature, that adversely affects or threatens to affect, directly or indirectly, a person’s job security, working conditions or prospects for promotion or earnings. Sexual harassment is usually at attempt by one person to exert power over someone else. It can be perpetrated by a supervisor, by a co-worker, by a landlord or a service provider.

Sexual harassment is prohibited by Human Rights legislation. It is actually considered discrimination based upon gender. It can include many things: unwanted jokes, verbal abuse, leering, touching, assault, demands for sexual favours and the displaying of offensive imagines in the workplace.

If you feel that you have been (or are) a victim of sexual harassment, remember that you have rights. You should first advise the offender, or a person of authority, that the actions are unwelcome. If the offender is a person in authority then you need to go higher up the corporate ladder or try the human resources department if one exists. If the situation persists then you should contact a lawyer or the Human Rights Commission. You may have a complaint under the legislation, but you may also have a claim for wrongful dismissal.

If the harassment is a continuing matter or you are not sure because there are lots of little signs, then keep a diary of everything that happens and when. Those little things can add up to a big case later on.

Obviously, if both parties consent to a sexual relationship when they work together then that relationship is not considered sexual harassment. If one person is a supervisor or manager and the other person is not, then the person with the higher position needs to be very careful to ensure that it is a consensual relationship.

Finally, harassment that is not “sexual” in nature is not illegal under Human Rights legislation, but it may still be prohibited by general workplace policies. If you think that this applies to you then you should talk to someone in human resources.

Darryl A. Aarbo

If you wish to send in a letter, please email it to legaladvice@gaycalgary.com. Darryl A. Aarbo can be directly reached at Courtney Sebree Aarbo, Barristers & Solicitors, 1138 Kensington Road NW, Calgary, Alberta, T2N 3P3. Visit their website at http://www.csalaw.ca. Phone (403) 571-5133. Fax: (403) 571-5134

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