Workplace Issues – Harassment in the Workplace What is workplace harassment? Workplace harassment may include unsolicited conduct by a person in a position of responsibility or one co-worker toward another, which is intimidating, hurtful, malicious or otherwise offensive, and which creates an uncomfortable working environment for the recipient. It is conduct by a person who knows, or ought to know, that such action is unwelcome. Sexual harassment includes touching, comments, sexual jokes or unwanted sexual suggestions. Sexual harassment is wrong because it hurts people, it makes working together very difficult, and it is against the law. Ontario Ministry of Labour Examples of sexual harassment: unwanted, unwelcome physical contact like touching, grabbing, or patting rude jokes or suggestive remarks of a sexual nature demeaning nicknames like “hot stuff,” “sexy,” “stud,” or “babe” catcalls, rating, or embarrassing whistles insulting remarks about sexual orientation sexually insulting remarks about race, gender, ability, or class bragging about sexual prowess for others to hear intimidating behaviour names written on the walls or posters — “for a good time call …” a person in a position of power offering favours for a date Sexual harassment is not: a hug between friends mutual flirtation sincere and personal comments Mutual Respect…we work better when we work with people we respect and who respect us. Our workplace is a healthier and safer place to be when we can concentrate on the task at hand and not have to worry about harassment. Workplace bullying and violence: Physical Assault: pushing, hitting, grabbing, stalking, and using a weapon Verbal Abuse: humiliating and demeaning comments, jokes or threats, intimidating or threatening e-mails. Bullying: an act of aggression. Any behaviour that intimidates, threatens and humiliates another should not be tolerated Bullying or violence is a weapon of power. _________________________________________________________________________Communication /5 Describe a case of discrimination and/or harassment that you have witnessed or experienced at school or work. How was the situation handled? What was your reaction? Would you have done anything differently at that time or now? (use a separate sheet of paper if necessary) __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ 1 Checklist of things to do in your workplace: 1. KNOW If something that is said or done to you makes you feel uncomfortable, know that respectful flirtation and compliments don’t make you feel uncomfortable, but sexual harassment does. Violence and abuse are unlikely to stop. In fact, the violence can get worse. When harassment or conflict isn’t handled well, the work environment can become “poisoned”. What can start as a problem between a couple of co-workers, can spread if left unchallenged. 2. SAY Simply tell the person, “What you are doing makes me uncomfortable.” Perhaps describe in words what is happening while it is happening — for example, “You have your hands on my shoulders” or “This is the third time today that you have brushed against my body when you walked by.” Also, say: “I don’t appreciate that.” 3. FIND Obtain a definition of sexual harassment, circle the part that describes what the harasser is doing to you, and leave it in the harasser’s mailbox; or, write a description of what the harasser is doing and deliver it to the harasser’s office. 4. TELL Your co-workers should be told what is happening to you, because most harassers have more than one victim. Tell someone you can trust. 5. REPORT All workplaces/ institutions/ employee associations have policies and procedures to deal with harassment. Someone has been appointed to deal with harassment issues, so report the incident to him/her. Follow up if no action is taken. When people first think of harassment, they think of sexual harassment. But harassment can be more than that. Harassment is really any unwelcome behavior, usually repeated, that denies an individual dignity and respect. Harassment is offensive, and often embarrassing or humiliating. A person can be harassed about physical appearance or body, clothing, age, marital or relationship status, ethnic or national origin, cultural background or religion. In fact, harassment can be broken into two categories: Personal harassment—racial comments, ethnic slurs, comments about religion, physical capabilities, physical characteristics or age Sexual harassment—any act, gesture, comment, or contact of a sexual nature that offends or humiliates a person and that is perceived to be a condition of employment, opportunity for promotion, or for getting needed goods or services HARASSMENT CAN TAKE MANY FORMS: Uninvited and unwelcome remarks, jokes, teasing, innuendoes Verbal abuse or threats Displaying offensive material such as pornographic or racial materials or pictures Practical jokes that cause awkwardness or embarrassment Unwelcome invitations or requests that cause intimidation or fear such as obscene telephone calls, messages or e-mail Unwelcome/undesired/unnecessary physical touching such as patting, punching, punching Physical assault Harassment is a form of discrimination prohibited by law. There are both provincial and federal laws that deal with harassment. These can be found in provincial Hyman Rights Codes and the Canadian Human Rights Act. 2 As well, some employers have policies on harassment. It is always smart to know about your employer’s policy. HOW YOU KNOW YOU ARE BEING HARASSED Here are some clues: If you have to do something or tolerate an unwelcome behaviour to keep your job If you have to do something or tolerate an unwelcome behaviour to maintain the conditions of your job; for example, if your hours of work are lessened or changed to less desirable ones because you won’t submit to the pressure of a harassing behavior If it interferes with your job performance—if you are stressed and pressured at work If it humiliates or insults you Harassment can be physical or verbal; it can be really obvious or more subtle. It can be the behavior of either gender. And the harasser could be a supervisor, a co-worker, a customer or a supplier. WHAT YOU CAN DO IF YOU THINK YOU ARE BEING HARASSED Take some action: Tell the harasser to stop the action, gesture, comment or innuendo Keep a written record of the incidents of harassment—the times, dates, location, situation and witnesses, if there are any. Record and describe the harassing actions. Go to your manager or supervisor. If that person is the harasser, then go to the next level of supervisor/manager. You can also go to your human resources representative or union rep. If none of this is available or works, then go to the Human Rights Commission or Agency. When you act to stop being harassed in an employment situation, it is illegal for there to be retaliation. And harassment, on the job or in your personal life, often ends only when you are prepared to take some action. DISCRIMINATION ON THE JOB The Canadian Charter of Rights and Freedoms protects job applicants and employees from discrimination. As well, the Canadian Human Rights Act extends the laws in Canada that forbid discrimination: “For all purposes of this Act, race, national or ethnic origin, colour, religion, age, sex, marital status, family status, disability and conviction for which a pardon has been granted are prohibited grounds of discrimination.” Activities 1. Write a step-by-step action plan for a friend who has confided that he or she is being harassed on the job. What forms of discrimination might a person experience in getting a job? List three possibilities. For each, identify the actions a person could take to overcome Sexual Harassment Case Studies How would you handle the following situations? (use a separate sheet of paper if necessary) 1. Inappropriate jokes. Thinking /10 A person you work with loves to tell jokes. Some of them are very crude and some are racist. You disagree with the message that they convey and do not appreciate hearing them. What should you say to the jokester? 3 2. Unwanted touches. Your supervisor often touches you inappropriately. He/she also makes comments regarding possible advancement in the job. How would you handle the situation? 3. E-mail harassment. Someone has been sending you very rude and sexually suggestive e-mail. 4. Your boss wants a date. Your boss has asked you to socialize outside of the workplace. You do not care for him/her. What do you say? 4 Name: ___________________________________ SEXUAL HARASSMENT QUIZ 1. 2. What do rude jokes, sexually insulting remarks and embarrassing whistles have in common? a) They are successful ways of letting someone know you like them b) They are ways of displaying one’s sense of humour c) They are all forms of sexual harassment d) They are all harmless flirtation Sexual harassment happens to both males and females. However, more females experience sexual harassment than males. a) 3. True b) False What are two ways you can help prevent sexual harassment from happening in your school? a) Make more friends b) Form a student leadership group c) Find our code of conduct guidelines and publicize them d) Fight back physically 4. If you were wearing a provocative (sexy) outfit and you were sexually harassed, you are the one to blame. a) True 5. b) False Choose the 3 correct responses to take if you’ve been sexually harassed. a) If you aren’t sure, don’t do anything about it b) Do not ignore it c) Don’t tell anyone d) Write down what is happening e) Tell someone you trust 6. f) a, b, e g) b, c, d h) b, d, e Choose 4 unwanted behaviours that fall under sexual harassment policies. a) Stalking b) Mutual flirtation c) Cat calls, rating, or embarrassing whistles d) Inappropriate touching e) Rude jokes of a sexual nature 7. What are severe examples of sexual harassment which are actually sexual assault and are defined under the criminal code as a criminal offence? a) Attempted rape and rape b) Unwanted or forced touching c) Forced kissing d) All of the above 8. What can you do if you believe you have been sexually harassed? a) Call a youth help line b) Go directly to an adult you can trust c) Call your local crisis line d) All of the above e) None of the above 9. Loss of self-confidence is one of the: a) Severe examples of sexual harassment b) Feelings you experience when you hug a friend c) Effects of sexual harassment 10. If you tell someone that you think you’re being sexually harassed and they don’t believe you, what do you do? a) Blame yourself b) Find someone else to call c) Give up and put it behind you d) Don’t be so friendly with people 11. Reports from people who have been previously sexually harassed show that sometimes the event can escalate to: a) Assault b) Stalking c) Threatening d) All of the above e) None of the above 12. How do you help a friend that’s been sexually harassed? a) Immediately tell her what you would do if you were her b) Tell other people what happened c) Threaten and harass her harasser d) Listen, give comfort and support 13. Choose which statements are true: a) The threat of sexual harassment can make you feel powerless b) Only females get sexually harassed c) Sexual harassment usually only happens once d) No one should have to put up with sexual harassment e) a & d f) a&b g) b & d