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Sexual harassment falls under the broad umbrella of Section 7 of the Canadian Human Rights Act, considered a form of gender discrimination. It includes any unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victims. Situations may vary from inappropriate touching, making challenges or jokes of a sexual nature, to explicit or implicit demands for sexual favours.
If you have been a victim of sexual harassment, it is important to seek legal assistance as several situations may require it. Some instances include, when you need to make a formal complaint against the perpetrator, when you seek to secure protection from further harassment, when an initial complaint has not led to adequate resolution, and when the harassment has led to unlawful termination, demotion or other negative work consequences.
Ottawa's local laws regarding sexual harassment are centered on the federal laws which are applicable throughout Canada. Specifically, the Ontario Human Rights Code sets out provisions against sexual harassment in any workplace, educational facility, or housing situation. It mandates employers and service providers have a responsibility to maintain an environment free of sexual harassment, and to take immediate remedial action if such complaints arise.
In Ottawa, Canada, sexual harassment involves any unwanted sexual comments, advances, requests for sexual favours, or conduct of a sexual nature that creates an intimidating, hostile, or offensive environment.
If you are being sexually harassed, you should make your objection known, document the incidents, and report it to the appropriate person within your organization, such as a supervisor, HR representative, or union representative. If the harassment persists or if the situation isn't resolved satisfactorily, consider contacting an attorney.
The victim of sexual harassment generally has one year from the last incident of sexual harassment to file a complaint with the Human Rights Tribunal of Ontario.
It is illegal for an employer to retaliate against an employee for filing a sexual harassment claim or assisting in an investigation. Any such retaliatory action can be subject to legal penalty.
An anonymous complaint may not lead to formal action against the harasser since the legal procedures require claimant information. However, privacy and confidentiality are maintained throughout the process, and identities are disclosed only to the necessary parties.
You may find valuable help from organizations such as the Ottawa Rape Crisis Centre, Ontario Human Rights Commission, and the Canadian Human Rights Commission. They provide tools, advice, and support to victims of sexual harassment. Also, look into online resources like the Workers' Health and Safety Centre or the Canadian Legal Information Institute for information related to handling such cases.
If you need legal assistance with a sexual harassment case, reach out to a local attorney who specializes in employment law or human rights law. You might not be sure of which type of legal professional you need, so a good first step could be consulting a generalist lawyer or your local legal aid service. Additionally, prepare a written record of each harassment incident, establish a timeline, and gather any evidence such as emails, texts, or witnessed events. This would aid significantly when building your case.
