Four years ago, the #MeToo movement sparked a worldwide response to the issue of sexual harassment in the workplace.
Women who had experienced sexual harassment by well-recognized, prominent and powerful men in the entertainment industry started to come forward to tell their stories. A ripple effect of many women with their many and varied stories dominated the news media.
At the same time, we know that many women and men do not report their experiences of sexual harassment in the workplace, either to their managers or the police. Why not?
It could be the fear of being thought to be over-sensitive, fear of reprisal, fear of not being taken seriously by their co-workers or management, or uncertainty as to what constitutes sexual harassment in the workplace.
The definition of sexual harassment is straightforward – it is unwanted behaviour of a sexual nature.
The behaviour can be obvious such as being repeatedly asked for dates and not taking “no” for an answer. It includes making unnecessary physical contact, demanding hugs, and making sexual comments about a person’s physical characteristics or actions.
It can also be blatant such as asking for sex in exchange for a benefit or a favour.
The behaviour can also be more subtle. It can be the way someone looks at you, talks about sexual activities, bragging about their sexual prowess, jokes related to gender, or the invading of your personal space.
Most of the time, we welcome a friendly smile or shared joke. They can be the leaven that lightens the routines of our workday.
So, when do workplace behaviors become sexual harassment?
If you are unsure, your feelings are your best guide. You may feel uncomfortable. You may feel offended. Or you may feel embarrassed. Think of these negative feelings as warning signals.
What can someone who has experienced or is experiencing sexual harassment in the workplace do to protect themselves?
- If you believe your safety is at risk, call the police.
- Document each experience.
- Tell the harasser to stop.
- Report the harassment if you think you should.
- Check to see if your organization has a policy that tells you who to report to.
- If not, choose a supervisor to report to. It doesn’t have to be your own supervisor.
- Provide your documentation.
Any form of harassment at work is against the law. Employers are required to ensure that workplaces are safe. This includes being free from sexual harassment.
The Chatham-Kent Legal Clinic, in addition to offering advice and possible representation to victims, is offering free educational seminars throughout our community.
If you are an individual needing legal advice, or an organization or employer seeking a workshop, contact Carmen Titus by phone at 226-881-0874, or by email at carmen.titus@cklc.clcj.ca.
• Carmen Titus, CKLC SHIW Lead Lawyer (www.cklc.ca, 519-351-6771)
