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  1. Home
  2. I have a legal question
  3. Workplace Sexual Harassment
  4. Guided Pathway

 

SafeAtWork pathway Banner

Sexual harassment at work is not okay, and it’s a serious problem. While it affects everyone, it impacts women, BIPOC folks (Black, Indigenous, and People of Color), and the 2SLGBTQIA+ community more often than other groups.

Whether you’ve been sexually harassed or accused of it, this pathway is here to help you understand your options. It may also offer suggestions for navigating the situation to meet your needs.

If you have experienced sexual harassment, there are organizations that can help you. Sexual harassment is against the law under both the Nova Scotia Human Rights Act and the Canadian Human Rights Act. If you experience mental health issues from harassment, you can also seek help from the Labour Standards Division and the Workers Compensation Board (starting September 2024) as long as a doctor diagnoses it.

Sexual harassment can be very upsetting. It’s a form of gender-based violence and involves someone using power and control over someone else, usually in relation to their gender and/or sexual orientation.  It’s a form of gender-based violence, meaning it uses power and control related to a person’s gender or sexual orientation. It can make you feel powerless, hurt, uncomfortable, unsafe, anxious, and confused.

For more information on supportive organizations that can assist you, click here. 

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]. 

 

Start Pathway

 

Quick facts and important information to know about sexual harassment 

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. 

Other Available Supports

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.

Resource List

Safe at Work: A Workplace Safety Check-Up
Legal Info NS Safe at Work

Legal Information on Sexual Harassment
Rainbow Rights: A Human Rights Legal Information Guide for 2SLGBTQIA+ Nova Scotians
Information on Support People and Advocates
Safe at Work: A Workplace Safety Check-Up interactive quiz
What are Protected Areas and Characteristics
Timeline Organization
How to track and communicate a loss of hours
Providing a written complaint: Statement Letter
Negotiating a settlement
Criminal Harassment and Sexual Assault
Understanding and Communicating Your Human Rights Complaint
NS Human Rights Commission Inquiry and Complaint Process
Canadian Human Rights Commission
Canadian Human Rights Tribunal (if your complaint is accepted)
Researching Case Law
Employment Law legal information

Acknowledgement

We want to thank the many individuals who have contributed to this project, which was developed thanks to feedback from survivors and service providers throughout the province. 

In particular, we wish to thank…

  • The Nova Scotia Status of Women
  • The Government of Canada, & the Department of Justice and Wage and Equality
  • The Nova Scotia Government, & the Department of Justice
  • The Nova Scotia Human Rights Commission
  • Shila Leblanc,  Restorative Approach
  • Allison Smith
  • Mica Daurie, T.R.A.N.S.
  • Ainsley Jackson
  • Nicole Slaunwhite
  • Mike Dull, Valent Legal
  • And the many survivors, legal professionals, and service members who provided feedback and guidance through their experiences.

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Are you looking for information on supportive services and self-care?
[click here]

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 us]. 

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, [click here].

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