• Creating a Safe and Welcoming
• Work Environment
• Preventing and Addressing Workplace

• Harassment and Discrimination

-- BUILD
together a GUIDEBOOK
\WOMEN OF THE BUILDING TRADES
FOR EMPLOYEES

Harassment Based on Sexual Orientation

.

Harassment based on sexual stereotyping i.e. “he doesn’t act
like a real man should act” “she dresses and acts like a man”.
Any harassment based on an individual’s sexual orientation is
harassment. This can easily include conduct that the harasser
thinks is “just in fun”. It is not unusual for the harasser to
be dumbfounded that their conduct was offensive. As in a
number of the other harassment situations the answer is in
education around Respect in the Work Place.

Bullying and Harassing Behaviour Can Include:
• Verbal aggression or yelling.
• Humiliating initiation practices or hazing.
• Spreading malicious rumours.
• Calling someone derogatory names.
• Vandalizing personal belongings.
• Sabotaging someones work.
• Making personal attacks based on someone’s private
life and/or personal traits.

• Making aggressive or threatening gestures.

Bullying and Harassing Behaviour Does Not Include:
• Expressing differences of opinion.
• ' Offering constructive feedback, guidance or advice
about work-related behaviour.

• Reasonable action taken by an employer supervisor

relating to the management and direction of workers
or the place of employment (e.g. managing a workers
performance, taking reasonable disciplinary actions,
assigning work).

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: Types of
~ Harassment in
the Workplace
Quid Pro Quo
Quid Pro Quo is a Latin phrase that means "this for that”.
In this kind of sexual harassment, the harasser demands
a sexual favor; in return the victim keeps a job, gets a
promotion or earns good assignments. It involves someone
in a position of authority stating or implying that the victim’s
job, promotion or assignment depends on submitting to
sexual advances. This type of harassment may not always
originate with the person in authority and in some cases
■

that person in authority may be the object of someone who
is seeking advancement in exchange for sexual favours. In
either circumstance it is wrongful behaviour in the workplace.

— Hostile Work Environments
Undesirable, unwanted conduct that unreasonably interferes
with the victim’s job performance or creates an intimidating,
hostile or offensive workplace creates a Hostile Work
'— Environment.

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Harassment
“ In every province or territory in Canada, as well as for
employees under federal power, there are human right
laws which make harassment in employment illegal. Al
employees have a right to work in an environment who
- their dignity is respected and they are free from harass

Most people, when they think of harassment, think of s
harassment cases in which a superior attempts to coer
sexual favours from a female subordinate. However, the
“harassment” is far more inclusive than this. Harassmer
not limited to sexual harassment.

Harassment is a behavior in the work place which caus
the work environment to be stressful, degrading, and
discriminatory for some employees. Harassment can af
the mental health of employees who are subjected to il
and have a negative effect on their ability to contribute
employees. The Canadian Human Rights Commission h
_ defined it as “any unwanted physical or verbal conduct
offends or humiliates you” In essence, any behavior wh
demeaning or offensive, and which is based on member
or presumed membership in a group protected by hum
rights law could be considered to be harassment.

There have been human rights cases regarding harassn
because of race, sexual orientation, and disability. The
prohibition on harassment extends to all people protec
under human rights legislation. Any conduct or comme

A supervisor puts a hand on a worker’s shoulder and says
‘You’re really doing a great job. Let’s go out for a drink
later and talk about your future with the company’

This can be sexual harassment if not going out has a
negative impact on the worker’s job. Even if saying no
— doesn’t affect a worker’s job, this behavior puts workers in a
_ very uncomfortable position. Are they really free to say no?
What will happen after they say no?
Supervisors also put themselves in a difficult position; even
if they accept that the worker didn’t want to go out, and
_ they have no intention of asking that person out again, what
would happen if by coincidence the worker was laid off?
- The worker might not believe that this was coincidence, and
_ perhaps neither would the courts.

The way to avoid an uncomfortable situation is to have the
conversation about the future on company time, on company
premises and remove the potential connotation that it’s
- more about going out than it is about business. Simply put,
business is better conducted in a businesslike way during
business hours and without the potential for innuendo.
I_
Steve is a forklift operator. All of his co-workers are female.
He is young and attractive and the women take turns
teasing him about his physique and making suggestive
remarks. As a result, Steve often finds it hard to concentrate
on his work. This has led to errors and Steve has been given
a warning by his boss. Steve has now asked the women to
stop, but they treat it as a big joke and continue.
Steve is being sexually harassed. In this situation Steve has
made an appropriate request for conduct to stop. This is
an important element in any harassment situation. If the
_ conduct doesn’t stop Steve is entitled to make the employer

to step in and do something.

• Using offensive gestures.

• Workers of one gender ostracizing those of the other.
• Granting job favors to those who participate in
“consensual”2 sexual activity.

• Using crude and offensive language.

Myth: Sexual harassment is a normal behavior and
victims should feel complimented.

Fact: Sexual harassment is a power play - a tactic to
dominate by embarrassment or degradation. Sexual
harassment is not a victim’s fault in any way This is very
much compounded where the harasser is a person in
authority; this unequal balance of power makes it very
difficult for the victim to resist.

Is this Sexual Harassment?
Male employees whistle at a female employee as she
walks through the warehouse
This may be sexual harassment, if it is unwanted and

_ repeated. A female worker should not have to report to
her supervisor that this is unwanted; it is the supervisor’s
responsibility to monitor the worksite; he or she should be
aware of this behavior and warn the group that this may be
sexual harassment.
This sort of situation represents a mild form of harassment;
sometimes the victim could be a male working in an area

2 The power imbalance between the parties may blur this line beyond consent and into
the area of compulsion.

However, if it is the behaviour that the harasser could i
reasonably have known to be unwelcome, the person
is upset by the behaviour should make his or her discc
know. If a person, after being informed, persists in beh
that is unwelcome, that person is engaging in harassm

I---

A joke Can be Harassing

While humour is an important part of work place inter
and can have a positive influence, it can also be used t
degrade and insult. Jokes about the incompetence of
women, or stereotypes of racial minorities, or imitatioi
a co-workers accent or disability can be hurtful, degra
'— and humiliating forms of humour. This kind of humour
the message that some members of the work force ar
valuable than others, and are not full accepted as equ.
the workplace. If everyone in the work place enjoys a j
_ and finds it to be good fun, it is not harassing. If it tare
member of a group protected by human rights legisla
such a way as to denigrate members of that group, it
— harassing.

Harassment can Occur after Working Hours
and Off Site
The protection against harassment in employment ex'
to all places and occasions where people are gatherer
together for work purposes. For example, harassment
occurred during the company picnic would still be the
responsibility of the employer.

Effects of Bullying and Harassment on the Target
People react differently to bullying and harassment.
Reactions may include one of any combination of the
following:

• Impaired concentrations or ability to make decisions,

which could lead to safety hazards (such as lack of
attention when working with dangerous equipment).
• Distress, anxiety, sleep disturbance, substance abuse,
and/or suicidal thoughts or actions.

• Physical illness.
• Reduced work performance.

Effects on the Workplace
• Reduced efficiency and productivity due to poor staff
morale.

• Increased stress and tensions between workers.
• High absenteeism rates.
• Higher turnover, resulting in higher recruitment costs.
• Higher levels of client dissatisfaction.

What if the Behavior that is Deemed to be
Harassment wasn’t Intended to Offend or
Upset Anyone?
Some behaviour is so obviously intended to cause stress
and humiliation to the recipient that it is clearly harassment.
With other behaviour, the intent may be less clear. What
one person considers to be lighthearted teasing or fun may
be a source of stress, anxiety and unhappiness to another.
Whether something is harassing or not depends on the
effect it has on the person who is its target, not on the intent
of the harasser. If behaviour is unwelcome, it is harassing.

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Creating a Safe and Welcoming Work Environment

Harassment by Non-Employees
An employer may also be responsible for the acts of non­
employees, in regards to harassment of employees in the
workplace, where the employer (or its agents or supervisory
employees) knows or should have known of the conduct and
fails to take immediate and appropriate corrective action.
It is important to note that conduct by nonemployees
such as customers, representatives of the client in an on­
site situation or the general public can create potential
harassment situations. Employers are deemed to know,
or to reasonably have to a known, in some circumstances
that their employees are being harassed and that creates a
situation where they are obliged to take appropriate action.

Sexual Favoritism
Incidents involving a supervisor playing favorites,
rewarding those who respond to sexual advances.
Employees who do not go along with the supervisor’s
demands and are denied promotions or the best job
assignments may claim harassment.

Harassment Based on Gender
Behavior that is not overtly sexual, which is directed at a
explicitly because of his or her gender. Profanity, pictures /
(including hand-drawn cartoons by an “artist” who thinks he/
she is a wit), other materials, pranks, derogatory comments
or other inappropriate behavior may be considered sexual
harassment when it is based solely on gender.

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Creating a Safe and Welcoming Work Environment

I

aimed at humiliating or offending people because of
membership in a protected group1 could be consider

harassment.
It is important to note that harassment excludes any
reasonable action taken by an employer or supervise
relating to the management and direction of workers
place of employment.

Discrimination
in the Workplace<
Discrimination is simply the act of setting up or actin
upon perceived distinctions or differences. The probl
arises when the differences or distinctions that we us
make our decisions are irrelevant or based on stereof
that have little or no basis in fact. Discrimination is
defined as any distinction, exclusion, or preference bi
on certain grounds that nullifies or impairs equality o
opportunity in employment or equity in the terms an
conditions of employment.

' The term ptotected group or affected group, as is used in this Guide, refers to
various groups or conditions of people that are covered by the applicable Hum
Rights Code in either a province or Federally. This can include: race, ancestry,
religion, place of origin, colour, ethnic origin, citizenship, creed, sex, pregnancy,
orientation, age, marital status, family status, mental or physical disability, socii
conditions, and political beliefs.

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Creating a Safe and Welcoming Work Environment

In this circumstance Steve (this the same situation for
a young woman in a similar circumstance) may be very
reticent to bring a complaint forward. There are issues
of being the “workplace rat” or being considered “weak”
and very few people want to be cast into that role. It
is most important that they understand that there is a
route to be followed and that it is all right to do so. In the
circumstances of this example the supervisor would need
to use tact and usefully point out to the female co-workers %—
that the situation really isn’t that amusing at all. It is
amusement at the expense of the self-esteem of Steve and
the fact is that he is making errors as a result is putting his '—
employment at risk. If the co-workers understand that their __
amusement could get Steve fired perhaps they would look
at the situation differently.

What Should an Employee do Who is
Being Harassed?
The first thing an employee should do is tell the harasser
to stop. It is essential to make it clear that the behaviour
is unwelcome and objectionable. If the employee feels
unable to approach the harasser, the employee should
approach a member of management with whom he or she '
feels comfortable for help in communicating the problem
to the harasser.

If the behaviour doesn’t stop, the employee should
seek assistance through the organization’s harassment
policy procedures, if they exist, or through a member of
management or a union representative.
The employee should document the incidents related to the
harassment and maintain a written record that includes the "

who, where, when and how of the harassment, as well as the <—
names of any witnesses.

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Creating a Safe and Welcoming Work Environment

where everyone else is a female. Some people may think this
is just good clean fun, the answer here is education. Having ■—
this pointed out most everyone will act appropriately.

A male worker asks a female co-worker if she ‘got any’
(or any other sexual context) over the weekend
This may be sexual harassment if it is unwanted and repeated. ___

A male on a crew asks a female on the crew out for a date.
She says no, she’s not interested; he continues to ask.
This may be harassment (and easily could become sexual
harassment) if it is unwanted and repeated.

A crew leader writes notes with sexual innuendos and
leaves them in a female worker’s locker

This is sexual harassment. The fact that it is the crew leader
who is leaving the notes puts the company in jeopardy since
he is in a supervisory position (which assumes an imbalance
in the power relationship which makes it difficult for the
victim to say no).

K__

—

—

Pin-ups of naked women are hanging in the shop

This is may be sexual harassment. Materials that are
commonplace on television or in the newspapers might

not be sufficient that is why the courts have ruled that
pornography and pin-ups could create a hostile work
environment. It’s a supervisor’s responsibility to make it
clear that such pictures are completely inappropriate in the
workplace. Pictures of naked men are equally inappropriate. —
The difference between pornographic, suggestive and
acceptable materials is difficult to define but, it should
suffice to say that if anyone is offended the best answer is '—
to take stuff down!

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Creating a Safe and Welcoming Work Environment

Sexua
Harassment
Sexual Harassment is Not Always a Male
Harassing a Female

Sexual harassment can include women

harassing men, men harassing other men,
and women harassing other women, as w(
as the more common scenario of men
harassing women.
Forms of Sexual Harassment
• Propositioning.
• Explicit jokes.
• Demeaning comments.

• Sexual innuendoes.
• Discussing sexual activities.
• Unnecessary touching.
• Commenting on physical attributes.
• Reading or displaying sexually suggestive material
• Using demeaning, suggestive or inappropriate terms
such as “babe” (inappropriate nicknames can also cr
a harassment situation and whether or not there is a

sexual nature involved is dependent upon circumstat

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Creating a Safe and Welcoming Work Environment

You Can Say Something to the Effect of:
• “I don’t think that joke is funny.” or “that joke makes
me uncomfortable”
• “Your words/actions are uncalled for, what you’re

saying/doing is wrong.”
• “Your words/actions are having a negative effect on
that person; do you mean to make her/him feel badly?
Everyone has the right to be physically and emotionally

safe and you are infringing on that right.”
• “It’s wrong to treat someone that way. I don’t agree
with what you’re doing/saying.”

• “What you’re doing is harassment, not only is it wrong,
it’s hurtful.”

• “How would you feel if another person did this to your
mother, sister, wife or daughter?”

• “The words/actions you’re using are derogatory,
degrading, abusive and/or violent towards women/

men. I won’t tolerate this kind of behavior. Stop what
you’re doing.”

Rally other bystanders to join you in voicing
disapproval:
“By being silent, you’re saying that this action/
behavior/attitude/word is alright with you. Well it’s
not okay with me, I don’t respect it and I hope you
don’t either”.

c

I 17

Be More Than /
Bystander
Stopping harassment and discrimination it
not just the responsibility of the employer,

the union, or the victim. Anyone who
witnesses or observes verbal, written,
graphic, or other behavior that may be
harassing/discriminatory can play a role in

stopping it. Harassment & discrimination ii
the workplace is as much a men’s issue as

is a woman’s issue.

Even though it may feel risky to intervene, or that it is
interfering in someone else’s business, being proactive t<
- stand up and to try to stop harassment & discrimination

sends a message that the behavior is not legitimate; the
behaviour is unwelcome and inappropriate in the workpl
- A witness to harassment (sexual or other) can be critical
supporting the victim by urging the perpetrator to ceaS'
the behavior, recording what happened, and alerting the
supervisor/union of the problem.

All of the guidelines listed in this
handbook have a trickle-down
effect and every bit counts in
creating a safe and welcoming
work environment for everyone.
For more information and resources including template
policy statements, reporting procedures, investigation
guide/ procedures & forms, please visit buildtogether.ca

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Creating a Safe and Welcoming Work Environment

What Bystanders Can Do?
Refuse to join in when derogatory, degrading and abuse
attitudes or behaviors are being displayed.
• Register your lack of approval for such attitudes or

behaviors by leaving the individual or group who are

perpetrating them or by speaking up: Staying s while others act and behave inappropriately actual

condones what they are doing; leaving shows that, you
don’t agree with it and are not willing to participate
and act as an audience. Sometimes, speaking up can

be a very difficult thing to do!
• Give control to the individual who is the target of

the harassment/discrimination by speaking directly

to them: ask “Is he/she bothering you?”, or “Are you
okay?” and ask “Is there any way I can help?” This takes

power away from the perpetrator. If the individual says
that she/he would like your help, do what you can to be

of assistance. If the person expresses that she/he is no:
in need of your help, respect this and move on.
• Vocalize your support as intervention: call out in

support “Hey leave her/him alone”, “I don’t like how
you are treating her/him, stop it”.

• Refuse to join in and discourage others from

participating: Register that you don’t agree when
derogatory, degrading and abusive attitudes or behaviors

are displayed. Be direct about what you have seen, point
out the exact behavior/attitude/words/action and don’t

pass judgment on the individual perpetrating it.

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Creating a Safe and Welcoming Work Environment

Sources: Chicago Women in Trades, Wider Opportunities for

Women (WOW) IBEW Sexual Harassment Booklet, Canadian
Labour law Reporter, Volume 2, Human Rights/Equity Issues,
Discrimination in the Workplace 7125, Canadian Labour law

Reporter, Volume 2, Human Rights/Equity Issues, Harassment

in the Workplace, 7130, Candian Labour Law Reporter, 8150,
Harassment in the Workplace- Recognition and Prevention,

Work safe BC, BC Lions “Be more than a Bystander” campaign.

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