Best Sexual Harassment Lawyers in New Westminster

About Sexual Harassment Law in New Westminster, Canada

Sexual harassment is a serious issue in New Westminster and throughout Canada. It refers to unwelcome behavior of a sexual nature that affects the dignity, safety, or well-being of an individual. Sexual harassment can occur in various settings, including workplaces, schools, public spaces, and online environments. The law in New Westminster recognizes that everyone has the right to be free from sexual harassment. Employees, students, and community members are protected under federal and provincial human rights legislation, with specific measures available for those who experience this type of misconduct.

Why You May Need a Lawyer

Seeking legal advice or representation can be crucial if you are facing sexual harassment. Common situations where legal help is beneficial include:

• You are being harassed by a coworker, supervisor, or employer and need advice on how to respond or file a complaint.
• Your employer has not taken your complaint seriously or has retaliated against you for speaking out.
• You are unsure of your rights under British Columbia or Canadian laws related to sexual harassment.
• You want to file a formal complaint with the British Columbia Human Rights Tribunal or another regulatory body.
• You need support throughout an investigation or mediation process.
• You are considering a civil lawsuit for damages resulting from harassment.
• You received a complaint alleging sexual harassment and require legal defense or advice.

Local Laws Overview

In New Westminster, sexual harassment laws are governed by both provincial and federal regulations. Key legal frameworks include:

• British Columbia Human Rights Code: Prohibits discrimination and harassment based on sex, gender, or sexual orientation in employment, housing and services. The Code covers workplace harassment and ensures remedies for those affected.
• Canadian Human Rights Act: Applies to federally regulated employers and prohibits sexual harassment and discrimination.
• WorkSafeBC Regulations: Employers must provide a safe working environment. This includes establishing procedures to handle harassment complaints and preventing workplace bullying or sexual misconduct.
• Criminal Code of Canada: In severe cases, certain acts of sexual harassment, such as sexual assault, may be prosecuted as criminal offenses.

Victims of sexual harassment in New Westminster can seek protection under these laws by filing complaints with the appropriate bodies, such as the BC Human Rights Tribunal or law enforcement agencies. Employers and organizations have specific obligations to prevent, investigate, and address incidents of sexual harassment within their premises.

Frequently Asked Questions

What constitutes sexual harassment in New Westminster?

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually suggestive comments or jokes, inappropriate touching, and other behaviors or remarks of a sexual nature that create a hostile or offensive environment.

Who is protected by sexual harassment laws?

Employees, job applicants, students, tenants, and individuals using public services are protected under provincial and federal laws. Both men and women can experience and report sexual harassment.

What should I do if I am experiencing sexual harassment at work?

Document the incidents, report the behavior to your supervisor or human resources department, and seek support from a lawyer or advocacy organization. If your employer does not resolve the issue, consider filing a complaint with the BC Human Rights Tribunal or WorkSafeBC.

How long do I have to file a complaint?

Generally, complaints to the BC Human Rights Tribunal must be filed within one year of the last incident of harassment. It is important to act as soon as possible to ensure your rights are protected.

Can my employer retaliate against me for reporting harassment?

No. The law protects employees from retaliation or punishment for making a good-faith complaint about sexual harassment. If you experience retaliation, you should document it and seek legal advice immediately.

What if the harassment happens online or outside the workplace?

Sexual harassment laws cover unwelcome behavior linked to your employment, school, or service environment, even if it occurs online or outside traditional locations. Online harassment connected to work or service relationships can be addressed through the relevant legal channels.

What are my employer’s responsibilities regarding sexual harassment?

Employers must maintain a harassment-free workplace by developing policies, providing training, investigating complaints, and taking corrective action where necessary.

Is sexual harassment considered a crime?

Some forms of sexual harassment, like sexual assault or stalking, are criminal offenses under the Criminal Code of Canada. Other behaviors, while not criminal, may still give rise to civil or human rights complaints.

Can I seek compensation for emotional distress?

Yes. Victims of sexual harassment can seek remedies from the BC Human Rights Tribunal, which may include compensation for injury to dignity, feelings, and self-respect. Additional damages may be sought through civil court in certain circumstances.

Where can I get confidential advice?

Several organizations offer confidential advice and support, such as legal aid services, community advocacy groups, and specialized hotlines. A lawyer can also maintain confidentiality about your situation and help you understand your options.

Additional Resources

Individuals in New Westminster can access help and information through the following organizations:

• British Columbia Human Rights Tribunal: Receives and adjudicates human rights complaints.
• WorkSafeBC: Addresses workplace safety and harassment issues.
• BC Ministry of Justice - Victim Services: Offers support and resources for victims of crime, including sexual harassment.
• Legal Aid BC: Provides legal representation and free legal advice to those who qualify financially.
• BC Human Rights Clinic: Offers information and legal support for individuals pursuing human rights cases.
• Community Legal Assistance Society (CLAS): Assists with human rights, employment, and other legal matters.
• Ending Violence Association of BC: Offers education, resources, and support for dealing with harassment and violence.

Next Steps

If you believe you are experiencing sexual harassment in New Westminster, consider taking the following steps:

• Write down detailed notes about what happened, including dates, times, witnesses, and any correspondence or evidence.
• Review your workplace or organization’s harassment policy to understand reporting procedures.
• Report the incident to human resources, your supervisor, or another designated person in your organization.
• Reach out to one of the local resources listed above or contact a lawyer who specializes in sexual harassment cases for confidential advice.
• If the situation is urgent or involves threats to your safety, contact local law enforcement immediately.
• Consider filing a complaint to the BC Human Rights Tribunal or other applicable authority if the issue is not resolved internally.

Taking prompt action and seeking legal advice can help you protect your rights and ensure a safer environment for yourself and others.