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Sexual Harassment

GAIHST defines sexual harassment as:

« Sexual harassment is a sexually oriented attention experienced in the workplace that creates discomfort or threatens a person’s well-being or functioning. Sexual harassment is a form of discrimination, an abuse of power and constitutes violence against workers. »

Attention

This may include:

  • Suggestive glances
  • Verbal comments 
  • Gestures
  • Unwanted touching
  • Threats
  • Sexual advances
  • “Jokes”
  • Displaying pornographic material
  • All forms of sexual violence
  • Etc.

The harasser may be:

  • A manager
  • A supervisor
  • An employee

  • A coworker / colleague
  • A client / customer
  • Etc.

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.

Discriminatory harassment

Non-verbal sexual harassment

  • Displaying degrading and/or pornographic material
  • Flirtatious glances that create discomfort
  • Special attentions
  • Whistling
  • Emails, texts, letters, or other writings of a sexual nature
  • Voyeurism 
  • Etc.

Verbal sexual harassment

  • Sexist, crude, or degrading jokes
  • Comments about physical appearance
  • “Affectionate” nicknames
  • Intrusive questions about private life
  • Intimate confidences
  • Blackmail
  • Threats
  • Repeated invitations
  • Etc.

Physical sexual harassment

  • Grazing and/or brushing against someone
  • Unwanted touching
  • Sexual assault
  • Etc.

What is not sexual harassment at work:

Any consensual action, such as friendly flirting, consensual relationships, or non-offensive jokes, for example.

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

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1.
Express your non-consent, if you feel comfortable doing so
2.
Talk about it with your colleagues or a trusted person
3.
Keep a record of events (locations, dates, times, facts and actions, witnesses, etc.)
4.
Contact a support group, if needed
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Notice: This page is only informational; its contents 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.