You wouldn't believe the number of people who, after reading my book, say "let me tell you my story!" Some of the real life "stories" include: threats of discrimination complaints if an applicant is not hired; legal accommodations that should have happened but didn't; and overt racist comments to everyone's surprise.

However, the stories I hear more often than not are the ones that involve claims of harassment, whether they are sexual or of another kind. Despite all the training, the years of seminars and the endless policies, people are still being harassed, saying things that are often thought of as harassment, or being confused about what constitutes harassment.

If you supervise employees, or you are an employee yourself, it's vital you have the very basics about harassment. You want to make sure you're not harassing inadvertently (I'll assume if you're reading this, you aren't doing anything deliberately), being harassed yourself, or watching another person being harassed while having no where to turn. In this tip I'm going to focus on sexual harassment.

In 1989, then-Chief Justice Brian Dixon of the Supreme Court of Canada, in a unanimous decision, said "sexual harassment in the workplace may be broadly defined as unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victims of the harassment. It is "an abuse of power"[that] attacks the dignity and self-respect of the victim both as an employee and as a human being." (emphasis added)

Today, the bolded part of that decision serves to define sexual harassment in Canada. To prove sexual harassment, a person needs to show he or she endured unwelcome sexual attention and that it had detrimental or negative consequences. While the consequences can be the classic, "Gimme a smooch and I'll let you keep your job," it doesn't have to go that far. A person who endures provocative pictures on the wall, or sexual jokes told in the lunchroom is likely a person being subjected to sexual harassment. This is often referred to as a tainted, poisoned or hostile work environment.

Since the courts have ruled that sexual harassment is a form of sex discrimination, treating women negatively while treating men positively can constitute sexual harassment. In other words, if snide or rude comments are made to women but not to men, and they negatively impact the women's comfort level, this is sexual harassment. The reverse is also true if men are the predominant targets.

My advice is to think of sexual harassment as more than the textbook case of the lecherous male boss. Non-sexual negative comments towards one particular gender, or a man harassing a man, or a woman harassing a woman all qualify. That said, it should come as no surprise that most sexual harassment still involves a man sexually harassing a woman.

If you are sexually harassed or you know of another person being sexually harassed, whether you supervisor or not, here are some suggestions:

• Being alone is not a crime - or a reason to put up with harassment. If only one person is harassed, it must be stopped. "Majority rules" is not a rule when it comes to workplace human rights.
  
  
• Intention means nothing. You or another person may be inadvertently saying or doing something that is well within the definition of sexual harassment. None of us are angels, so don't be shocked or offended if you are confronted about your behaviour. Correct it and move on.
  
  
• Management must act. If you supervise people, it's your responsibility to do something. If you're not sure, then talk to someone who is. If your supervisor won't take action, convince him or her to have a change of heart or go to another supervisor. Your workplace could suffer serious consequences, so you're not doing any favours by letting it slide.
  
  
• Reinforce that harassment-free is fun. Too many people say "you're taking the fun out of work" when all you're asking is to not have to buy Rolaids in bulk. Spell out the very few things that shouldn't be said and remind everyone that most fun is still allowed and encouraged.

Stephen

You are encouraged to forward or reprint the contents of this copyrighted article with the following notation attached:

Stephen Hammond, B.A, LL.B, CSP, is a speaker, trainer and author working in the field of workplace human rights. Articles, tips and his books Managing Human Rights At Work: 101 Practical Tips to Prevent Human Rights Disasters and Steps in the Rights Direction: 365 human rights celebrations and tragedies that inspired Canada and the world are available on his website www.stephenhammond.ca. Contact Stephen at 866-685-8338 or stephen@stephenhammond.ca