Psychological Harassment
Psychological harassment in the workplace is a form of violence and an abuse of power.
Definition of the Act Respecting Labour Standards
“For the purposes of this Act, “psychological harassment” means any vexatious behaviour in the form of repeated and hostile or unwanted conduct, verbal comments, actions or gestures, that affects an employee’s dignity or psychological or physical integrity and that results in a harmful work environment for the employee. For greater certainty, psychological harassment includes such behaviour in the form of such verbal comments, actions or gestures of a sexual nature.
A single serious incidence of such behaviour that has a lasting harmful effect on an employee may also constitute psychological harassment.”
Act Respecting Labour Standards, CQLR, c. N-1. 1, art. 81.18
The criteria of psychological harassment
Here are the five criteria for workplace harassment:
- Harassment
It is a gesture, a word, or an attitude that creates deep discomfort, a feeling of being attacked or devalued. A vexatious conduct is therefore a behaviour that goes beyond simple awkwardness or disagreement.
- Repetition
Considered individually, a word, a gesture, or a behaviour may seem harmless. It is the accumulation or combination of these behaviours that can become harassment.
- Hostile or Unwanted
The words, gestures, or behaviors in question must be perceived as hostile or unwanted. If they are of a sexual nature, they could be recognized as harassment even if the victim has not clearly expressed refusal.
- Violation of dignity or integrity
Psychological harassment has a negative impact on the individual. The victim may feel diminished, devalued, and belittled both personally and professionally. The physical health of the person being harassed may also suffer.
- Toxic work environment
Psychological harassment creates a toxic work environment for the victim. The person being harassed may, for example, be isolated from their colleagues due to hostile words, gestures, or behavior directed at or about them.
Notice : According to the Labour Law, the definition of psychological harassment includes sexual harassment in the workplace and harassment based on any of the grounds set out in the Charter of human rights and freedoms: race, colour, sex, pregnancy, sexual orientation, civil status, age, religion, political convictions, language, ethnic or national origin, social condition, handicap or the use of any means to palliate a handicap.
Examples of psychological harassment
- Offensive remarks
- Acts of intimidation or retaliation
- Rumours
- Humiliation
- Isolation
- Mockery
- Denigration
- Threats
- Insults
- Etc.
What is not psychological harassment at work
Strategies to adopt when you think you are being harassed at work
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.