Script 271 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

Sexual harassment, which is discrimination based on sex, is illegal under the BC Human Rights Code. The BC Human Rights Tribunal handles discrimination complaints. This script explains the types of sexual harassment the Code prohibits and what you can do if someone sexually harasses you. Also, refer to the following scripts:

• 236, called “Human rights and discrimination protection”
• 270, called “Protection against job discrimination”

This script does not explain the Canadian Human Rights Act, which covers businesses and activities regulated by federal law. These include banks, airlines and airports, phone companies, and the federal government. If your case involves federal law, contact the Canadian Human Rights Commission at www.chrc-ccdp.ca or phone 604.666.2251 in Vancouver and 1.800.999.6899 elsewhere in BC. If you don’t know whether to contact the Tribunal or the Commission, contact either of them – they can tell you which one can handle your complaint.

What is sexual harassment?
Sexual harassment is discrimination based on sex. It is unwelcome sexual behaviour that harms a victim. And it is illegal in BC. Sexual harassment can happen to employees, tenants, students, and other people. It can interfere with an employee’s ability to do a job, or create a hostile, intimidating, or offensive work environment. It can affect a tenant’s housing situation or a student’s education. Most victims of sexual harassment are women, but some are men, especially gay men.

What is the law on sexual harassment?
The BC Human Rights Code forbids discrimination, including sex discrimination, in public services, housing, and employment. That means everyone has the right to housing and public services, and the right to work, without being sexually harassed. If sexual harassment is serious, it may be a crime under the Criminal Code of Canada – refer to script 206, called “Stalking and criminal harassment”. And if a person sexually harasses you, you may also be able to sue them for damages.

What are some examples of sexual harassment?
Sexual harassment can include the following conduct:

• sexually oriented behaviour that you feel you must accept to keep your job, get a promotion, get a good mark, keep your apartment, or get repairs done.
• unwanted touching, patting, or grabbing.
• the unwanted display of sexual pictures such as pin-ups; employers may be responsible for harassment if they allow some employees to harass others, instead of stopping the behaviour.
• sexual leering, teasing, or telling obscene jokes.
• an invitation to dinner or a movie, or to some other social activity, from a supervisor, teacher, or landlord who implies that you must accept it or risk negative effects on your job, your mark in school, or your apartment.
• an unwanted invitation from a supervisor, co-worker, teacher, or landlord that is continually repeated. But not all invitations are sexual harassment: they can be innocent and reasonable requests that you can accept or reject without negative results.

What can you do if you are sexually harassed?

1. React immediately and directly, if possible. Sometimes you can talk to the person harassing you. The best response may be to tell the person that you don’t welcome or accept the behaviour, and if it’s repeated, you will report it. But sometimes, talking to the harasser won’t work. The next parts explain what else you can do.

2. If you’re an employee, talk to your company supervisor or human resources person. Find out your employer’s policy on human rights complaints. If you belong to a union, talk to the union steward. You have a right under the collective agreement between the union and employer to complain to the union about sexual harassment by the employer, a supervisor, or a co-worker.

3. Make and keep a written record of every incident of harassment – when it occurs. Tell someone else, like a trusted co-worker, friend, or family member that you are being harassed. Your written record, and the fact that you told someone, may be important evidence if you file a complaint or sue.

4. File a complaint with the BC Human Rights Tribunal – refer to script 236 for details. The Tribunal website, at www.bchrt.bc.ca, has detailed information on how to do this. You can phone the Tribunal at 604.775.2000 in Vancouver and 1.888.440.8844 elsewhere in BC. If the Code covers your complaint, the Tribunal will ask the other person to reply to your complaint. It will try to help you and the other person settle the case. It that’s not possible, the Tribunal may hold a hearing. If your complaint is justified, the Tribunal can make orders to stop the harassment and pay you money – called damages – for lost income (including wages and disability and other benefits) and expenses. The Tribunal can also order the person who harassed you to pay you damages for injury to your dignity, feelings, and self respect – these damages can be up to $20,000, but most are between $2000 and $7000.
   The Code prohibits anyone from threatening you to prevent you complaining.
   The Human Rights Clinic may be able to help you file a complaint with the Tribunal and help you at a hearing. The Clinic is a project of the BC Human Rights Coalition and the Community Legal Assistance Society. For details, see the Coalition website at www.bchrcoalition.org or phone 604.689.8474 in Vancouver and 1.877.689.8474 elsewhere in BC.

5. If you lose your job because of discrimination, you may also be able to sue in court for wrongful dismissal. Refer to script 241, called “If you’re fired: wrongful dismissal,” for more information. But complaining to the Tribunal may work better in this type of case. As well, a wrongful dismissal lawsuit can be complicated and expensive, so if you are thinking about suing, get legal advice first.

6. Contact a lawyer for legal advice about what you can do. For the name of a lawyer, call Lawyer Referral at 604.687.3221 in the lower mainland and 1.800.663.1919 elsewhere in BC.

Are there time limits for filing a complaint or suing?
Yes, there are time limits in both cases. You have 6 months from when the harassment occurs to file a complaint with the Tribunal. If you wait longer than 6 months, the Tribunal may still accept your complaint, but you will have to explain why you delayed. There are also time limits for suing in court – you need legal advice about that.

If you complain to the Tribunal and also file a complaint (or grievance) with a union, or sue the employer for wrongful dismissal, the Tribunal can wait until your other complaints and the lawsuit are finished, before dealing with your complaint.

[updated July 2007]

Dial-A-Law© is a library of legal information that is available:

• by phone, as recorded scripts, and
• in writing, on the CBA BC Branch website.

To access Dial-A-Law, call 604.687.4680 in the lower mainland or 1.800.565.5297 elsewhere in BC. Dial-A-Law is available online at www.cba.org/bc in Public & Media.

The Dial-A-Law library is prepared by lawyers and gives practical information on many areas of law in British Columbia. Dial-A-Law is funded by the Law Foundation of British Columbia and sponsored by the Canadian Bar Association, British Columbia.

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