The notion of Sexual Harassment has been grossly stereotyped in the straight world to imply a man as the aggressor and a woman as the victim. For straight men, it has been made to seem more humiliating to press charges against a female aggressor than to deal with her advances, no matter how annoying or obstructive it may be to their job. It has been suggested that this is a non-issue within the gay community, when in fact, adding GLBT individuals into the mix merely results in parallel situations, and a wealth of new possibilities.

• Your co-worker knows that you are gay/lesbian, and insults you with sexual comments or suggestive gestures to humiliate you. It continues despite you having made it expressly clear that you do not appreciate this kind of attention.

• Your straight landlord knows that you are gay/lesbian, but makes unwanted sexual advances toward you. Though you’ve told him/her you are not interested, he/she vows that they will eventually “convert” you to be straight.

• A gay/lesbian co-worker feels entitled to grope you, come onto you, or make inappropriate sexual comments about you as you are working, no matter how many times you have expressed that they are unwelcome.

• You’ve had sexual relations with your employer in the past, and they imply a threat on your job, or suggest withholding a promotion unless you continue having this sexual relationship with them.

These are all prime examples of sexual harassment that can, and do happen to GLBT individuals, sometimes even within our own community. We are all human beings, and working together gives rise to opportunities that we are biologically motivated to pursue. So it’s important to know where the line is drawn, your rights as a victim, and your limits as someone who may hold power over others - be they gay or straight.

According to the Alberta Human Rights and Citizenship Commission, “Sexual harassment is 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; or prevents a person from getting a job, living accommodations or any kind of public service.”

Sexual harassment is usually about exerting power over someone else. A harasser can be a supervisor, a co-worker, a landlord or a service provider. Sexual Harassment is discrimination based on the ground of gender; it is prohibited in Alberta’s Human Rights, Citizenship and Multiculturalism Act and under every other human rights legislation in Canada.

The expression of sexual harassment happens in many ways, some subtle, some obvious, and include any of the following:

• suggestive remarks, sexual jokes or compromising invitations;

• verbal abuse;

• visual display of suggestive images;

• leering or whistling;

• patting, rubbing or other unwanted physical contact;

• outright demands for sexual favours; and

• physical assault.

The most frequent complaints received by human rights agencies are sexual harassment violations, which occur prevalently from workplace situations. But despite this protection under the law, enforcement of sexual harassment policies falls first on the shoulders of the businesses themselves. Sexual harassment cases can be very costly for businesses who fail to have effective policies and/or don’t treat complaints seriously. Lodging a Human Rights complaint is seen as a last resort and still has its disadvantages, which will be discussed later.

It has been a long running joke that gay individuals earn increasingly larger (but still fictitious) prizes for the number of “straight” individuals that they “convert” to bisexuality or homosexuality: “I got my free toaster for that one.” Of course we know better; there is no such thing as “converting” someone - only getting them more acquainted with their existing sexuality - nonetheless the pursuit of this goal in some circumstances can lead us into territory where we are in the wrong.

For instance, your gaydar may go off for one of your “straight” co-workers or employees. Though it’s not necessarily wrong to try reaching out to them (for noble intentions, or even not-so-noble ones), you have to realize the line is drawn the moment they give a clear signal for you to stop. If you continue pushing, that individual may be able to make the company make you stop.

Regrettably, there is little statistical data on sexual harassment in the GLBT community. There could be many reasons for this, but most likely GLBT victims of sexual harassment may choose to bear it because they feel there is no support or redress available to them. Given that the Provincial Conservative regime has historically not been receptive to the concerns of the GLBT community, and that the inclusion of sexual orientation to Alberta’s Human Rights occurred just 10 years ago, many victims may think they are alone in their suffering and have no way to seek recompense. Melissa Luhtanen with the Alberta Civil Liberties Research Centre agrees. “I think the Gay and Lesbian community is pretty used to dealing with our stuff internally and not seeking help.”

However, help and resources are available. On the employment front, most companies have moved forward years ago and updated their employment policies to include sexual orientation and any issues connected to it – i.e. same sex harassment. Melissa admitted some Human Resources staff “may giggle behind doors (about the issue) but they know what their legal responsibilities are.”

Does this mean that simple flirting with a co-worker can land you in trouble?

“Flirting is mutual, harassment is not” Melissa said. “There is a responsibility on the person wanting to flirt to look at cues”; cues the other person is sending out to confirm this behavior does not fall in the area of unwelcome conduct of a sexual nature. It has to be behavior which is mutually acceptable – flirtation, chit-chat or good-natured jesting is not considered sexual harassment. If you pursue someone and they say “not interested”, yet you continue to pursue them and they continue to say “not interested”, then it turns into sexual harassment. In addition, just because the behavior was acceptable to both parties at one time, doesn’t mean it will always be so. If Susan is dating Jane, and Jane ends the relationship, Susan must end all sexual behavior towards Jane in the workplace. She cannot threaten repercussions if their prior behavior does not continue – that is sexual harassment. Once again, even if there was once some kind of sexual relationship that extended into the workplace, if one person says “not interested (any more)” then the other must stop pursuing it.

When sexualized environments like bars, clubs, bathhouses, peep shows and adult stores exist in the community, the lines of sexual harassment can get even murkier. One example that may seem dubious is to be asked to remove one’s shirt or drop one’s pants during a job interview for say, a nightclub. If the standard in that nightclub is for male employees to go shirtless and for female employees to wear skimpy bikini tops, certainly an employer could ask prospective employees to present themselves in a similar uniform. But the key here is that everyone is treated equally – if you are singled out, then it’s possible that testing your case in a court of law could find the situation to be illegal…or not. There is a lot of gray area, but as Melissa puts it, “just because it’s happening doesn’t mean it’s legal”.

A parallel in the heterosexual world might be Hooters Restaurants, who sell the image of sexy girls (with big jugs…of beer). To protect themselves, the company has made sure they have strict sexual harassment policies on what is, and is not, acceptable. Additionally, they have three or four different channels for communication of complaints – they could go through their supervisor or dial a toll-free number to report any harassment, for example.

Normally, this is the route for victims of harassment to take - speak with a superior or with the Human Resources department first and seek resolution. Although this is a form of gender discrimination under the Human Rights, Citizenship and Multiculturalism Act, going to the Human Rights Commission should be seen as a last resort when you have gotten no results or results that are less than satisfactory through your place of employment.

We spoke about sexual harassment in the workplace with Darryl Aarbo of the law firm Courtney Aarbo. He explained that there is a third alternative - victims may consider hiring a lawyer in some situations of harassment. Beyond what resolutions are available under employment law, on the side of civil law, inappropriate sexual touching is filed under the torts of assault and battery. “Assault is a fear – a shock – there’s no touching in assault, but you feel you are going to be touched imminently…you scare someone.” Subsequently, battery is when there is actual physical contact. For example, in extreme cases, where a harasser goes too far and their behavior becomes actual sexual assault, they can get charged criminally with sexual assault, and their victim can also go after them in civil court for the battery.

Another example where one might need a lawyer for a sexual harassment case would be where a victim is working for a large company with a policy which is not enforced when harassment is reported. This might happen when the aggressor is of higher value to the company than the victim. The company line might be to blame the victim, insist it didn’t take place, or otherwise protect the aggressor. Sometimes the company will simply pay the victim to go away.

“The whole jurisdictional thing…if you’ve been sexually harassed in the workplace, you can go to the Human Rights commission and you can file a complaint. They will prosecute it because it’s illegal contact. It doesn’t cost you any money and they prosecute the company” Darryl said. However, that’s it – they prosecute the company but not the individual. That’s when civil action might come in handy.

“It’s the company’s reaction to the sexual harassment that gets them charged by the Human Rights commission,” Darryl added. If your company’s polices offered no solution or you were ignored, the Commission is usually the route to go if you want to keep your job – i.e., if you want to keep your contract of employment intact. However, you can’t then sue your employer for sexual harassment. “You have to quit your job and sue your employer for wrongful dismissal because of the sexual harassment.” Also at this time you could sue the aggressor personally, but “Most people sue the employer,” says Darryl. Essentially, if the company’s internal processes don’t work, you might also consider speaking to a lawyer who specializes in the area of employment law and sexual harassment; but taking this avenue usually means you won’t be going back to your job.

Darryl also explained that in situations where there is no direct employment connection between the victim and the aggressor, there are other legal remedies which may be available, but they are not considered sexual harassment: for instance, repeated unwanted advances at a bar or bathhouse might rather be considered stalking or assault in some cases.

So ultimately, what steps should you take if you are the victim of sexual harassment?

First, you should document any and all incidents of harassment. Keep this record of when the alleged incidents took place, the nature of the behaviour, the names of any witnesses and any other information relevant to any investigation which may come later. Companies now will thoroughly investigate both sides of the claim to prevent any false accusations and to ascertain that there is a valid complaint. There may be extenuating circumstances such as a breakdown in communication or in our multi-cultural society a misunderstanding between the two parties as to what is acceptable behavior. If there are any penalties levied on one person (up to and including termination) the company must be sure the action is justified.

The second thing you should do is to make it clear to the offender and/or to a person in authority that such action has occurred and is unwanted. Employees who are harassed may also wish to contact their union or employee association.

If the behaviour persists, or corrective action is not taken, a complaint may be filed with the Alberta Human Rights and Citizenship Commission. This must be done within one year of the alleged incident or the Commission does not have the authority to investigate. Or, alternately depending on your situation, you may consider retaining a lawyer.

Essentially it comes down to being aware of what harassment is, documenting any incidents, and responding to the appropriate resource. Your response depends on the circumstances – mild situations might be resolved simply be talking to the aggressor, telling them you find this behavior objectionable, and asking them to stop. In the case of overt and direct harassment, you should report it according to your company policies (usually up the chain of command starting with your supervisor and/or report the infraction to your Human Resources department). You don’t just go to the Human Rights Commission on your first step, because your case will fall flat without first giving the company fair opportunity to resolve the situation.

Finally, remember this: there is support out there for you, and there is no shame in confronting the situation. Harassers depend on you being fearful of reprisals or ignorant of the law, but if you don’t stand up for yourself, their behavior will continue, and they may also go after others until they are taught this behavior is unacceptable.