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September, October, 2006

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If you have a question…

 

By Johanna Kristolaitis

 

Q.  I enjoy my job; however, a senior coworker’s attention makes me uncomfortable. He repeatedly asks me out, though I told him I’m not interested. Recently, he’s begun complimenting my appearance and touching me, like putting a hand to my waist or squeezing my shoulders from behind. I want him to stop, but don’t want to cause problems in my workplace. Am I over-reacting?  What can I do?

 

A. You are not over-reacting. Repeated requests for dates, comments on appearance (whether complimentary or not), and unwelcome physical contact are all considered sexual harassment by the Canadian Human Rights Commission (CHRC). You, along with every other person working in Canada, have the right to a work environment free from sexual pressure and harassment.

 

Though you clearly refused his requests, your colleague may believe he can convince you over time. This does not excuse his behaviour, nor mean he should be allowed to continue. However, declaring your increasing discomfort with his actions may make him back off. If you are not comfortable raising the topic with the individual alone, find a third party to accompany you. This also provides a witness to the conversation, meaning he cannot claim he was unaware of your discomfort.

 

If the behaviour continues and your workplace has an anti-harassment policy, follow the procedure outlined there. If your workplace doesn’t have one, consider requesting its development. Anti-harassment policies and training create a more positive and productive workplace, and are active attempts to address the issue, making the employer less liable for employees’ actions. You may want to mention these selling points if your employer seems reluctant.

 

If there is no policy, inform your supervisor; if the harasser is your supervisor, inform their supervisor. If you have a union, check into using their grievance policies. As unwanted physical contact can be considered assault, you may want to contact the police, particularly if your coworker escalates his harassment. You can also file a human rights complaint within six months to a year, depending on the jurisdiction. The CHRC covers employees of the federal government, telecommunications companies, banks, radio stations, and the Canadian Broadcasting Company; other employees are covered by provincial human rights boards. These boards can compel organizations to deal with the issue through policy and training, as well as reward compensation for losses and mental anguish.

 

No matter what avenue you use, keep a journal with dates, what was said and done, how it affected you, and any witnesses. This documentation can serve as evidence against the harasser. Other actions to watch for include sexual or sexist comments (including jokes), whistles and catcalls, leering, comments about sexual orientation or stereotypical gender roles, and threats or intimidation (verbal or physical).

 

Find someone who can listen to you and support you, whether a counselor or a trusted friend. Employee Assistance Programs, offered as part of some employee benefit packages, provide access to counseling on the company’s dime without the company knowing who makes use of the service. Sexual assault centres will also have experts who can help you, and are only a call away.

 

Johanna Kristolaitis is a writer with the DiversityCanada Foundation. Visit DiversityCanada.com for more career tips and job postings.