Sexual harassment is not okay. Sexual harassment is behaviour that is sexual or romantic in nature (including comments or gestures) that is understood to be, or should be understood to be, unwelcome. Any reputable employer will not tolerate sexual harassment. Sexual harassment can also be defined as harassment based on sex, sexuality, or gender expression that is not “sexual or romantic” in nature. 

Sexual harassment complaints are complicated because this kind of harm is experienced differently from person to person, depending on a wide range of factors, such as a person’s age, gender, culture, race, or ability, and can be experienced by anyone. Some people use sexual harassment as a way to hold power or control over others in harmful ways.

Other times, someone might make someone else uncomfortable and act in sexually harassing ways without realizing it. Sexual harassment is often subtle but can include elements of coercion (making victims of harassment do something through force or threats). The key is that sexual harassment takes many forms, and each person will experience this kind of harm differently.

Here are some examples of sexual harassment:

• Sexual or sexist jokes
• Sexually suggestive, demeaning, or disrespectful comments and conversations (often called “locker room talk”)
• Unwanted comments about a person’s sex life, gender identity, body, or sexuality 
• Flirtation
• Showing inappropriate sexual images like pornography where others can see it
• Advances and propositions, especially if the harasser can give or deny a benefit based on how the victim responds to the advance 
• Requests for sexual favours 
• Sending sexual images, texts, or emails 
• Sexually suggestive looks or gestures 
• Demanding dates or sexual favours
• Using language or behaviour that is transphobic, homophobic, or queerphobic in general 
• Unwanted physical proximity

These are just some examples. Sexual harassment includes any sexual behaviour done without consent that upsets or offends.

Sexual cyberbullying can also be considered sexual harassment. Sexual cyberbullying involves using technology to harass or coerce someone in a sexually explicit manner. This can include requesting explicit photos or messages, sending unwanted sexually explicit photos or messages, sharing sexually explicit messages and photos online without consent, and threatening to send private photos online to coerce someone.

It’s also important to know that an allegation of sexual harassment is more serious when the person sexually harassing is in a position of power, trust, or authority. If you are sexually harassing someone and you’re in a position of power, this is considered a breach of trust and can result in serious consequences. 

If you have experienced or been affected by workplace sexual harassment, we can provide you with legal support and answer your questions. This free, confidential legal service is available. For more information, click here or email [email protected].  

The Nova Scotia Human Rights Commission has developed a Self-Assessment Tool to help you review your situation and determine whether you have a human rights complaint. You can find it here. 

Legal Info NS has developed a web app designed to help support and inform survivors and bystanders of workplace sexual harassment, as well as employers, about addressing and preventing sexual harassment in the workplace. For more information, go to legalinfo.org/safeatwork.