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Definition of Workplace Harassment or Violence

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Workplace harassment and violence is defined in the Canada Labour Code. Harassment on a prohibited ground is also discrimination under the Canadian Human Rights Act.

The Canada Labour Code defines workplace harassment and violence as:

Any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee.

There is a focus on the alleged harasser, and whether that person knew or should reasonably have known that their behaviour would cause offence, embarrassment, humiliation, or other psychological or physical injury to the other person.

This includes all types of harassment and violence, including sexual harassment and sexual violence. The behaviour does not need to have been perpetrated by someone in a position of authority. The behaviour can be perpetrated by one person or a group of people. It can be a single incident or a series of incidents.

Examples of workplace harassment or violence include...

  • aggressive or threatening behaviour, including verbal threats or abuse
  • physical assault such as slapping, kicking, squeezing or pinching
  • spreading malicious rumours or gossip about an individual or a group
  • socially excluding or isolating someone
  • damaging, hiding or stealing someone’s personal belongings or work equipment
  • persistently criticizing, undermining, belittling, demeaning or ridiculing someone
  • swearing at someone or using inappropriate language toward them
  • using the Internet to harass, threaten or maliciously embarrass someone
  • abusing authority by publicly ridiculing or disciplining a subordinate
  • abusing authority by interfering with a subordinate’s performance or job (for example, blocking applications for leave, training or promotion in an arbitrary manner)
  • domestic violence (also called intimate partner violence, domestic abuse or relationship abuse) when it occurs in the workplace

Discrimination under the Canadian Human Rights Act

It is discrimination under the Canadian Human Rights Act to harass an individual on a prohibited ground. Prohibited grounds of discrimination include race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence if the person has been pardoned or obtained a record suspension. Sexual harassment is always considered discrimination on a prohibited ground.

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