SEXUAL HARASSMENT
HAS NO PLACE AT WORK
In addition to making women feel uncom­
exual harassment takes many forms, all
fortable, pornographic pictures and drawings,
of them unacceptable at CN. Most cases
both soft- and hard-core, may offend men.
of sexual harassment fall into two cate­
gories: direct and indirect. Direct
Alex Eliuk, personnel officer, Mountain
harassment includes physical overtures,
such as unwelcome touching, remarks aboutRegion, gives seminars on sexual harassment
an individual’s body or attire and demands forawareness, and is among the many men who
believe pictures of scantily clad women are
sexual favors. But there is another, more sub­
inappropriate in the workplace. “Once, when I
tle form of sexual harassment, which is
used the washroom near a training room
equally harmful, says Elisabeth
where I was giving a seminar, I saw ‘page 3’
Lecavalier, system coordinator - Human
photographs (pictures of nearly nude women
Rights.
found in some daily newspapers) in the cubi­
cle. I took them down and replaced them with
"Indirect harassment, such as suggestive
sexual harassment pamphlets. I never heard a
comments and innuendo, repeated over and
peep from anyone."
over, and pornography, aimed directly at an
individual, or simply present in the workplace
Since then, Alex has noticed that the pam­
can create a poisoned environment - for both
phlets have been removed - but the pictures
men and women - in which it is impossible to
have not been replaced. “Some men might say
work.”
that is their domain and it’s not harassing
females by having photographs there,” he
While it may have been acceptable 20
says. But other men feel that such pictures
years ago to have a “girlie” calendar in the
reduce women, including their female co­
workplace, today the practice is frowned upon.
workers, to mere sex objects rather than treat­
ing them like the unique individuals they are.
A ruling in a precedent-setting case in
1991 in Florida said that having sexually
Seminars on sexual harassment are given
explicit photographs in the workplace can
to management and supervisory personnel
constitute sexual harassment. Covered in the
throughout CN. During a four-month period in
HR Executive in April 1991, the ruling has
1989 Mr. Eliuk and co-trainer, Mary
some obvious parallels to companies such as
McLaughlin, conducted 50 seminars to try
CN. The lawsuit involved a female welder
to reach all management and supervisory
working in a shipyard - a woman in a non-trapeople on the Mountain Region. “A Human
ditional position in a male dominated environ­
Resources officer recently gave a seminar to
ment. Unlike CN, the company did not have a
Rules and Training instructors in
policy on sexual harassment, although the
case resulted in the judge ordering one to-be
the initiative to ask for the seminar."
implemented. The judge’s opinion, the most
lengthy in the history of sexual harassment
The question of what constitutes sexual
cases in the US, said pornography in the
harassment in terms of pictures generates two
workplace is a “visual assault on the sensibili­
basic reactions in the seminars, says Alex.
ties of female workers.”
‘The more ‘traditional’ group believes that they
Among the photographs and drawings
hanging in work areas in the shipyard were a
life-sized picture of a nude woman and a pho­
tograph of a dart board with the woman’s
breast as the target. Ms. Lecavalier says some
past complaints of sexual harassment at CN
filed before the Canadian Human Rights
Commission are “far worse and too graphic to
include here.” However, employees at CN
have recourse in cases of sexual harassment
(see accompanying story).

S

Unwelcome advances by either sex have no place at work

should be able to put up photographs any­ I be acceptable. “A reasonable person knows
where they want. The others think this is ludi­
when something is amiss. I try to appeal to
crous and that there is no place in the office or
the individual’s common sense and good
worksite for such pictures.”
judgement in determining what is sexual
harassment,” says Alex. “By giving seminars,
This includes displaying photographs of
we hope to nip problems in the bud.”
famous nude paintings on office desks or
Elisabeth Lecavalier adds: “It is a well
walls.
known fact that companies with a sexual
Mr. Eliuk says it is not a question of
harassment policy, a formal complaint pro­
deciding what is artistic, but rather, what is
cess which is well publicized and known to
appropriate in the workplace. 'Each case must
employees, as well as a sensitization program,
be judged individually.’ he says. For example,
have fewer complaints than companies with­
there may be photographs of people wearing
out these procedures, which act as a deterrent
to sexual harassment.”
bathing suits on a beach which are not suit­
able to have at the office, while other pho­
■ Ellen Kom
tographs of people wearing bathing suits may
Special to Keeping Track

Take recourse - it’s your right!

CN is serious about discouraging sexual harassment as can be seen by its policy
on the subject as well as in pamphlets and seminars.
If you are being harassed, you should take the following steps:
• Tell the harasser to stop.
• Keep a written record of dates, times, the nature of the behavior and witnesses,
if any.
• If the harassment still continues after the harasser has been spoken to, you
shouId speak to you supervisor and confirm the conversation in a letter
• If the supervisor is the harasser, or if you aren't satisfied with the supervisor's
reply, take your complaint higher.
• Send your Human Resources representative a copy of the letter written to the
supervisor.

CN's policy guide defines sexual harassment as including “any conduct, comment, gesture or contact of a sexual nature likely to cause offence or humiliation to
any employee, employment candidate or member of the general public, or which
might reasonably be perceived as placing a condition of a sexual nature on
employment, an opportunity for training or promotion, or access to the goods, ser­
vice facilities or accommodations of the company."
Some examples of sexual harassment are:
• Displaying objects or pictures of a sexual nature in the workplace.
• Practical jokes which cause embarrassment.
• Unwelcome solicitations or requests, direct or indirect.
• Intimidation, or any other comments or behavior which might be construed as
a demand for sexual favors.
• Direct verbal abuse such as unwelcome remarks, jokes, innuendos or taunting
In addition, the person in authority receiving a formal complaint should
about a person’s body or attire.
ensure that the harasser is advised that the above steps have been taken.
• Unnecessary physical contact such as touching, patting or pinching.
Ms. Lecavalier also suggests another step: “Some people may feel more com- ■ • Gestures of a sexual nature.
fortable speaking first, in confidence, to a Human Resources representative before i
even talking to the harasser, especially when the harasser is the boss."

NOVEMBER 1991

KEEPING TRACK