Sexual Harassment
falls under the Charter of human rights and freedoms (s. 10):
Psychological or sexual harassment in the workplace
The definition of psychological harassment found in the Act respecting labour standards includes sexual harassment at work and harassment based on any one of the grounds listed in section section 10 of the Charter of Human Rights and Freedoms: race, colour, sex, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, handicap or the use of a means to palliate this handicap.
THE MANY FACES OF HARASSMENT
Psychological harassment may occur at every level of the organizational hierarchy. It may manifest itself between colleagues, persons in a position of authority may harass subordinates and conversely, employees may harass their superiors. The parties involved may be individuals or a group of people. The presumed harasser may also come from outside the enterprise. In this case, the harasser may be a client, a user, a supplier or a visitor.
In addition to these key actors, there are the witnesses. The witnesses of a psychological harassment situation play an important role in perpetuating or putting a stop to this behaviour. Indeed, as a group, they can contribute to removing or maintaining the climate of fear and silence associated with a harassment situation. By giving their versions of the events during interventions, witnesses can make a significant difference between aggravating and resolving the situation.
If the situation cannot be resolved within the enterprise, the employee may exercise the recourse provided under the Act respecting labour standards
