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The law in Surrey, British Columbia, Canada, defines sexual harassment as unwelcome behaviour of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victims. It may include inappropriate touching, suggestive remarks, displaying pornographic materials, or any sexual demands. Both the Canadian Human Rights Act and the British Columbia (BC) Human Rights Code are established to protect individuals from this offence.
A lawyer specializing in sexual harassment can be crucial for a number of situations. If you're a victim, an attorney can help determine if you’ve been unlawfully harassed, guide you through collecting evidence, and represent you during proceedings. If you are accused, a lawyer can protect your rights, ensure you understand the charges levelled against you, and advocate on your behalf. In both cases, having expert advice and representation can make navigating the legal system less daunting and more manageable.
The BC Human Rights Code prohibits sexual harassment in employment, housing, and certain services, unions, and professional associations. It provides a remedy for victims through the BC Human Rights Tribunal, an independent, quasi-judicial body. Under the law, both employers and employees are held responsible for maintaining a harassment-free environment. Employers can be held liable if they knew or should have known about the harassment and failed to take prompt, adequate action.
Under Canadian law, sexual harassment is any unwelcome conduct, comment, gesture, or contact of a sexual nature that is likely to cause offence or humiliation, or that may, on reasonable grounds, be perceived by the victim as placing a condition of a sexual nature on employment or any opportunity for training or promotion.
A complaint can be filed online via the BC Human Rights Tribunal's website. You are required to provide detailed information about the harassment including dates, locations, witnesses, and any supporting evidence of the incidents.
Under the BC Human Rights Code, the deadline to file a complaint is 1 year from the date of the last discriminatory action.
The BC Human Rights Tribunal can order remedies such as monetary compensation for injury to dignity, feelings, and self-respect, lost income, or any expenses that the victim incurred as a result of the discrimination.
No, the BC Human Rights Code protects persons from sexual harassment in employment, tenancy, certain services and facilities, and membership in union or association. It doesn't just protect employees, but also job applicants, clients, or renters.
The BC Human Rights Tribunal and the Canadian Human Rights Commission are two major bodies providing resources on case studies, guides, and other relevant documentation. In addition, non-profit organizations like the BC Civil Liberties Association and Rise Women's Legal Centre provide assistance to victims of sexual harassment.
If you or someone you know is experiencing sexual harassment, it's crucial to consult a legal professional as soon as possible. Gather all relevant evidence, document the incidents, and find an experienced sexual harassment attorney. Legal advisers can not only help understand the law and your rights better but also assist in filing a claim within the designated period.
