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Discriminatory Harassment

Discriminatory harassment is a violation of human rights.

What the law says

Charter of Human Rights and Freedoms of Quebec

10. “Every person has a right to full and equal recognition and exercise of his human rights and freedoms, without distinction, exclusion or preference based on race, colour, sex, gender identity or expression, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, a handicap or the use of any means to palliate a handicap. 

Discrimination exists where such a distinction, exclusion or preference has the effect of nullifying or impairing such right.”

10.1. “No one may harass a person on the basis of any ground mentioned in section 10.”

Charter of Human Rights and Freedoms, RLRQ, c. C-12

The 14 grounds for discrimination

Harassment is discriminatory when it is based on one or more of the grounds indicated in article 10 of the Charter of Human Rights and Freedoms, mentioned above. It manifests itself through the same behaviours as psychological harassment, such as:

  • Race
  • Color
  • Sex
  • Gender identity or expression
  • 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 any means to palliate a handicap

Strategies to adopt when you think you are being harassed at work

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1.
Show your non-consent as soon as possible to the presumed harasser
2.
Speak about it to your colleagues or to a trustworthy person
3.
Refer to your policy and report to a person in authority (or the designated person)
4.
Contact a support group
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Notice: This page is only informational; its content should not in any way be interpreted or considered as a full analysis of the law nor an opinion or a legal opinion of the author towards any specific case, or of one or several points of law mentioned above. Contact the appropriate authorities to get more information and to inquire about your eligibility and conditions that may apply.