While unequal power relationships exist in many sectors of society, they tend to appear the most in the workplace, where hierarchies are common. Both women and men may experience sexual harassment in employment, but women tend to be more vulnerable to harassment by men, because relative to men, more women hold lower-paying, lower-authority and lower-status jobs. At the same time, even women in positions of authority are not free from sexual harassment or inappropriate gender-related behaviour.[100]

Example: A disgruntled employee spreads rumours about his female director, stating that she is having an affair with the company president and that she is only successful because she “slept her way to the top.”

Whatever her position, portraying a female worker in a sexual way can diminish her status and image in the eyes of other employees. In at least one human rights decision, an employer was liable for the conduct of employees towards a supervisor.[101]

Spreading degrading sexual rumours and/or gossip about a female employee in an attempt to undermine her credibility and professionalism has been found to be sexual harassment.

Example: A respondent was held to have sexually harassed a woman after spreading false rumours that she “was spreading her legs for money.” [102]

Sexual harassment can also endanger the continued employment of the harassed person by negatively affecting work performance, undermining a sense of personal dignity, and in some cases causing physical and emotional illness. As previously mentioned, sexual harassment, if left unchecked, may escalate to violent behaviour. In some cases, this violence has resulted in sexual assault and murder. See the section entitled “Sexual harassment and violence” for more information.

The Code’s prohibition against sexual harassment in “employment” should be interpreted broadly to include the interview stage,[103] volunteer work, internships, etc.

Example: A 17-year-old female answered an ad to pose as a nude model. The photographer touched her sexually. The tribunal found that sexual harassment had occurred because the photographer was in a position to confer a benefit since he had outlined to her all the opportunities he could make available if she agreed to pose nude for him.[104]

As mentioned previously, section 7(3)(a) specifically sets out a person’s right to be free from an unwelcome sexual advance or solicitation in the workplace by a person who is in a position to grant or deny a benefit to the person.

Several sections of the Code prohibit sexual harassment “in the workplace.” Legal decisions have established that “in the workplace” applies not just to comment or conduct that occurs in the physical work environment during work hours, but rather, is broad enough to capture conduct that has work-related consequences, regardless of where it occurred.[105] See section 8.1, “Preventing and responding to sexual harassment: Employers” for more information.

While sexual harassment occurs across different occupations and industry sectors, research suggests that it is more common in certain types of employment. For example, sexual harassment complaints are high in traditionally male-dominated work environments, such as the military,[106] policing,[107] firefighting,[108] mining[109] and construction work.[110]

Women who perform jobs that are perceived to be subservient may also experience high rates of sexual harassment. For example, women who work in the health care profession have reported experiencing high rates of unwanted sexual touching and other forms of sexual harassment.[111] Massage therapy, waitressing and bartending are also occupations where women may be subjected to unwanted sexual behaviour.[112] Due to the stigma associated with the sex trade, sex trade workers may be subjected

to high rates of sexual harassment and other forms of differential treatment, including when dealing with the police.[113]

Women who work in relative isolation with few, if any, co-workers also appear to be highly vulnerable to sexual harassment.[114] For example, as mentioned earlier, research shows that live-in caregivers experience high rates of sexual harassment, exploitation and possible abuse.[115] Their vulnerability increases when they do not have full citizenship rights and depend on their employer for continued employment and to help them become Canadian citizens.[116]

Sexual harassment, including gender-based harassment, may be used in the workplace to reinforce traditional gender roles, and to repel challenges to masculine privilege and dominance.

Example: In an environment dominated by older police officers, a supervising police sergeant subjected a young female constable to sexual innuendo, sexual comments about her clothing when she was not in uniform, comments about the way that her body looked in her clothing, and a possessive interest in her whereabouts. When she did not return his interest and tried to avoid him, he reacted with anger and hostility. He began to over-scrutinize her work performance, accusing her of incompetence. Instead of addressing her with the title of “PC,” he referred to her in front of her colleagues as “Mrs.”[117]

A person does not have to explicitly refer to another person's gender or be explicitly sexual for the behaviour to violate the Code. For example, someone could target a female employee in his area, with the intent of discouraging or driving her away from continuing to work in a position, because she is a woman.[118]

Example: A supervisor may continuously interrupt a female employee during meetings or comment on her physical appearance in a way that sets her apart from male employees as not being a fully participating equal in the organization, or by making such statements as "women don't belong in the boardroom." Example: A tribunal held that an employer sexually harassed an employee when he made repeated comments to her about her physical appearance, such as “Oh, don’t you look pretty today; Oh you shouldn’t wear that dress, it doesn’t do much for you; Those nylons don’t go with that skirt; Let’s run off and get married…”[119]

See the section entitled “Preventing and responding to sexual harassment” for information on employer and union responsibilities in this regard.