Definition of Workplace Harassment

The Saskatchewan Human Rights Code does not contain a definition of harassment, but harassment on a prohibited ground is recognized as a form of discrimination under the Code. The Code prohibits discrimination based on sex, sexual orientation and gender identity as well a number of other grounds. Unwelcome comments of a sexual nature are considered discrimination based on sex.

The Code also prohibits discrimination based on religion or creed, being single or married, having or not having children, pregnancy or pregnancy-related illness, disability, age, colour, ancestry, nationality, birth place, race or perceived race and receiving social assistance. Workplace harassment based on any of these grounds is also discrimination under the Code.

A collective agreement, in place in a unionized workplace, can also have a definition of sexual harassment and of harassment generally. The definition in the collective agreement can add to the definition under The Saskatchewan Employment Act but it cannot make the definition more narrow.

The Saskatchewan Employment Act also includes two other definitions of workplace harassment:

• Harassment is any inappropriate conduct, comment, display, action or gesture that is directed at a person because of things such as their race, disability, physical size, weight, sex or sexual orientation.
• Harassment is also any inappropriate conduct, comment, display, action or gesture that negatively affects a worker’s psychological or physical wellbeing and that the harasser knows or reasonably ought to have known would cause the worker to feel humiliated or intimidated. In this case the behaviour must be repeated or ongoing or serious enough that it has a lasting, harmful effect on the worker.

In either of these cases, unlike when there is sexual harassment, the behaviour must also constitute a threat to the health or safety of the worker.