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Module 1: What is Workplace Harassment and Violence?

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GOALS

After completing this module you will understand:

  • How workplace harassment and violence are defined in the Canada Labour Code, where that definition applies and who it applies to.
  • When harassment is discrimination under the Canadian Human Rights Act.
  • The different types of conduct covered by the definition of workplace harassment and violence.
  • Examples of behaviours that are considered sexual harassment.
  • How it is determined whether the conduct was harmful and unwelcome and whether the person knew this or should have reasonably known this.
  • What consent is, the impact of not having consent and how to get consent.
  • What is not workplace harassment or violence.

Definition of Workplace Harassment or Violence

This section looks at how workplace harassment and violence are defined in the Canada Labour Code and when harassment is discrimination under the Canadian Human Rights Act.

Elements of Workplace Harassment and Violence

This section looks at the elements of workplace harassment or violence under the Canada Labour Code and the elements of harassment under the Canadian Human Rights Act, as well as when harassment is sexual harassment.

Discrimination: Sexual Orientation or Gender

The Canadian Human Rights Act prohibits discrimination based on sexual orientation and gender identity or expression. Discrimination on these grounds can be sexual harassment.

Consent

The same actions could be considered workplace harassment or not depending on whether the person consented, so understanding consent is important.

Irrelevent Factors

Just as there are certain elements required to meet the definition of workplace harassment or violence, there are certain things that are irrelevant when determining if there has been workplace harassment or violence.

What is not Workplace Harassment or Violence

Normal workplace conflicts, office romances accepted by both parties, and supervising employees are not workplace harassment or violence.

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