Sexual harassment in the workplace

If you think you’re experiencing sexual harassment in the workplace, there are several resources available. Visit the Ressources page for a complete list of help resources.

Highlights

  • Sexual harassment is any form of unwanted verbal, non-verbal, or physical conduct of a sexual or sexist nature that occurs repeatedly or during a single serious incident. It violates fundamental rights, including the rights to equality and human dignity.
  • Victims of sexual harassment in the workplace are primarily women. Young women, women with disabilities, and lesbian, gay, or bisexual people are also more often victims.
  • Perpetrators of sexual harassment in the workplace are mostly men.
  • Sexual harassment can occur at all hierarchical levels of an organization, such as between a manager and a staff member or between work colleagues. It can also be committed by customers or patients. It may occur during working hours or on work-related occasions (e.g., at office parties, conferences, or training activities), both offline and online (e.g., in a teleworking context, on social media).
  • Sexual harassment can have harmful consequences on the physical and psychological well-being of victims. The consequences can be particularly serious for women and individuals of sexual and gender diversity, for example, by hindering their career advancement and participation in the labour market.
  • In Quebec, the Act respecting labour standards provides that every employee has a right to a work environment free from psychological and sexual harassment (ss. 81.18 and 81.19).

Although it can occur in the workplace, sexual harassment can also take place in other settings, such as sports, schools, public spaces, and online. It may be perpetrated by someone known or unknown to the victim. The information presented in this text, however, relates more specifically to sexual harassment in the workplace.

What is sexual harassment in the workplace?

The expression “in the workplace” refers to any place and at any time where a person is engaged in work-related activities, including:

  • The physical workplace (e.g., in an office or during a work-related trip).
  • During a work-related activity or social event.
  • During training or a work-related event.
  • Online or over the phone with one or more people associated with their work, including in a remote working context.

This terminology is used in this text, as it emphasizes the diversity of contexts and work-related environments in which sexual harassment can occur.

Sexual harassment is unwanted sexist or sexual conduct of a verbal, non-verbal or physical nature that occurs repeatedly or during a single serious incident1. Whether experienced in the workplace or on any other occasion, sexual harassment can take the form of inappropriate sexual behaviour (see examples below), sexual assault (e.g., unwanted sexual contact or sexual activity to which a person is unable to consent), or harassment based on sex or gender, also known as “sexist harassment” or “gender-based harassment”1,3. Increasingly, in legal practice, as in the Ontario Human Rights Code, discriminatory behaviour based on sexual orientation, gender identity, or gender expression is also covered by the term “sexual harassment”4.

Inappropriate sexual behaviour may include:

  • Behaviours related to inappropriate verbal or non-verbal communication:
    • Sexual jokes or comments
    • Unwanted sexual attention
    • Inappropriate sexual comments
    • Inappropriate discussions about sex life
  • Behaviours related to unwanted physical contact or suggested sexual relations:
    • Unwelcome physical contact or getting too close
    • Repeated pressure from the same person for dates or sexual relationships
    • Being offered workplace benefits in exchange for sexual favours
    • Indecent exposure or inappropriate display of body parts
  • Behaviours related to sexually explicit materials:
    • Displaying, showing, or sending sexually explicit messages or materials
    • Taking or posting sexually explicit photos or videos3

Sexual harassment is part of a broad continuum of violence ranging from verbal sexist behaviour to sexual assault.

Sexual harassment undermines the dignity and physical or psychological integrity of a victim1 and is prohibited in Quebec by the Charter of Human Rights and Freedoms (see sections 10, 10.1, and 46)5. Any non-sexual behaviour directed at a person because of their sex or gender may also be considered discriminatory harassment under the Charter3,6.

In Quebec, the provisions of the Act respecting labour standards7 concerning psychological harassment have been in force since 2004, and case law has recognized that these new provisions also apply in cases of sexual harassment. In 2018, a clarification was made to the text of the law to add the notion of sexual harassment, which has since been explicitly covered by section 81.18 of Quebec’s Act respecting labour standards. This section defines psychological harassment as:

  • “Any vexatious behaviour in the form of repeated and hostile or unwanted conduct, verbal comments, actions or gestures, that affects an employee’s dignity or psychological or physical integrity and that results in a harmful work environment for the employee. For greater certainty, psychological harassment includes such behaviour in the form of such verbal comments, actions or gestures of a sexual nature.
  • A single serious incidence of such behaviour that has a lasting harmful effect on an employee may also constitute psychological harassment” (s. 81.18)7.

Thus, for a situation to be considered sexual harassment within the meaning of the Act respecting labour standards, all the criteria set out in section 81.18 must be met. The vexatious (hurtful, humiliating, and/or offensive) nature of the behaviour and a harmful work environment for the victim are therefore determining factors in assessing a situation of harassment in the workplace.

Who are the victims and the perpetrators of sexual harassment?

Prevalence of sexual harassment victimization in the workplace

In Canada, according to the 2020 Survey on Sexual Misconduct at Work (SSMW) conducted by Statistics Canadaa among workers aged 15 and over, 47% of women and 31% of men reported ever experiencing some form of harassment or sexual assault in the workplace. In Quebec, the prevalence was 42% for women and 24% for men. When focusing on specific forms of violence, a higher proportion of women than men reported ever experiencing inappropriate sexualized behaviours (40% of women and 23% of men), discriminatory behaviours (13% of women and 6% of men) and sexual assault in the workplace (9% of women and 1% of men)8. Another study conducted in Quebec in 2019 by the Ministère du Travail (MTRAV)b reveals that almost one in three respondents (31%) reported experiencing at least one problematic sexual behaviour at work in the two years preceding the study. Women were proportionally more likely to report such behaviours than men (39% compared to 23%)6.

Individual factors associated with sexual harassment

When studies refer to one or more specific sexual or gender identities, the information is presented according to the identities concerned.

Although anyone can be a victim of sexual harassment in the workplace, women, young people (particularly women under 35), lesbian, gay, or bisexual people, and people with mental or physical disabilities are more at risk of experiencing it2,3,6,9. According to the SSMW results, almost six out of ten (59%) bisexual women reported experiencing inappropriate sexual behaviour, compared to 24% of heterosexual women. Gay men were also more likely to have been victims, and twice as likely as heterosexual men (32% compared to 16%)3. The results of the MTRAV survey also show that homosexual or bisexual individuals were more likely to experience problematic sexual behaviour at work (more than 50% of these individuals, compared to 28% of heterosexual individuals), particularly homosexual women (69%) and men with a sexual orientation other than heterosexuality, homosexuality or bisexuality (68%)6. Indigenous people, immigrants, and visible minority individuals did not report experiencing more sexual harassment in the SSMW than people who do not identify with any of these groups, despite being more often faced with discrimination and disadvantages related to work and economic status3.

Women working in male-dominated environments, such as trades, transportation, equipment operation, and related fields, are more likely to experience inappropriate sexual behaviour than women working in evenly divided workplaces3,10. Women in female-dominated environments, such as those working in sales and services, are also more at risk of being targeted for inappropriate sexual behaviour3. Female workers who work rotating shifts (which vary or alternate according to a predetermined schedule), compared to those with a regular daytime schedule3, and those who have not completed secondary education6 are also more likely to experience sexual harassment.

Organizational factors associated with sexual harassment

Furthermore, certain organizational characteristics are also predictive factors of sexual harassment in the workplace. Among these characteristics is maintaining an organizational climate of tolerance for harassment, such as in situations where reports are not taken seriously or rarely result in sanctions, a factor that emerges as the most associated with sexual harassment11,12. Other organizational characteristics are also important factors, such as being male-dominated, encouraging a culture of masculinity that values aggressive rivalry between individuals and dominance over others, and neglecting the importance of respect for individuals and equity among people11.

Perpetrators of sexual harassment

Individuals who commit acts of sexual harassment are mostly men. They are most often a colleague of the victim or a person holding an equivalent position in the workplace3,6,11. Women in historically male-dominated occupations are more often targeted by colleagues for such behaviour, while women in certain historically female-dominated jobs are more likely than other women to be victims of such behaviour by customers or patients3. More than one in five (21%) of those who have been victims of inappropriate sexual behaviour at work state that someone in a position of authority was responsible3.

Consequences associated with sexual harassment among victims

Sexual harassment can have harmful effects on the psychological and physical well-being of victims, particularly women(3,13). On a personal level, victims of sexual harassment may report physical health problems, negative emotional consequences, symptoms of post-traumatic stress, depression, anxiety, and the use of drugs or alcohol to cope with the situation(3,12,13). On a professional level, there may be a loss of performance, productivity, or job satisfaction, increased stress and conflicts at work, absenteeism, or resignation(3,6,12–14).

For women, including young women and those with disabilities, as well as sexually and gender-diverse people, sexual harassment can have particularly significant consequences on their career paths and participation in the labour market, limiting their employment opportunities and economic success2,3. In the SSMW, compared to men, higher proportions of women who had been subjected to inappropriate sexual behaviour in the workplace reported experiencing personal and emotional consequences related to their experiences. Women victims of inappropriate sexual behaviour or sexual assault in the workplace reported, for example, having avoided certain people, places, tasks, or work-related social activities, having difficulty doing their job, wanting to miss work or work fewer hours, missing work or working fewer hours, and wanting to change jobs, transfer or quit3.

What resources and remedies are available for victims of sexual harassment?

The information presented in this section is provided for informational purposes only. It does not constitute legal advice.

Victims of sexual harassment can take various measures to stop the situation or get help. A victim may decide to talk to someone they trust (e.g., a friend, family member, or colleague) or someone in a position of authority. The victim can also contact help resources to receive support tailored to their situation and receive guidance with legal procedures if desired. Employee assistance or support programs implemented in some workplaces are another resource for victims

Some advice if you think you are a victim of sexual harassment at work:

Taken from Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), Harassment at work - It’s everyone’s business.

Legal recourse and compensation procedures are also possible for individuals who experience sexual harassment in the workplace. Depending on their situation, they should contact the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) or their union or association. Except for union members, who must file a grievance, anyone who has been the victim of sexual harassment may also appeal to the Commission des droits de la personne et des droits de la jeunesse (CDPDJ), regardless of the context in which the harassment occurred. Compensation for workplace accidents may also be claimed from the CNESST, in situations where a psychological or physical injury certified by a physician is associated with the sexual harassment experienced in the workplace.

Recourse to the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST)

The provisions of the Act respecting labour standards concerning psychological or sexual harassment are considered an integral part of any collective agreement. Therefore, a union member who experiences workplace harassment must contact their union to exercise the remedies provided for in their collective agreement.

A non-unionized employee who is a victim of sexual harassment (or other forms of harassment) may file a complaint of psychological harassment with the CNESST. This recourse is provided for by the Act respecting labour standards and must be exercised within two years following the last occurrence of harassment.

Non-unionized public service employees, including members and officers of government agencies, may file a complaint (in French only) of psychological harassment to the Commission de la fonction publique du Québec.

For more information on the complaint process provided by the CNESST:

Recourse to the Commission des droits de la personne et des droits de la jeunesse (CDPDJ)

Sexual harassment violates fundamental rights5. Any person who experiences this type of situation in the workplace or on any other occasion may file a complaint with the CDPDJ under the Charter of Human Rights and Freedoms. However, there is one exception: unionized employees cannot file a complaint with the CDPDJ as they must file a grievance under their collective agreement.

For more information on the complaint process provided by the CDPDJ:

Other possible compensation and remedies

A psychological or physical injury certified by a physician, associated with sexual harassment in the workplace, could be considered a work accident and compensated by the CNESST. If the claim is eligible, the victim will receive income replacement indemnity and may benefit, among other things, from treatment such as psychotherapy. However, self-employed workers are not protected (unless they have applied for personal coverage before the incident), but they can always file a claim with the CDPDJ.

Finally, regardless of the context, several forms of sexual harassment may constitute criminal offences. These offences, such as sexual assault, can be reported to the police. Self-employed workers or job applicants (but not yet hired) who have been victims of a criminal offence may have recourse under the Act to assist persons who have been the victims of criminal offences and to promote their recovery to obtain compensation. Other victims of a criminal offence resulting in an injury in the workplace must apply to the CNESST for compensation under the Act respecting industrial accidents and occupational diseases.

Possible remedies in the cultural sector

In the cultural sector, the Act respecting the professional status of artists in the visual arts, film, the recording arts, literature, arts and crafts and the performing arts (2022) recognizes the right of every artist to a work environment free from psychological harassment, including sexual harassment. It also requires the producer or broadcaster to prevent harassment and, when such conduct is brought to their attention, to stop it, including with anyone they connect an artist with for the purposes of executing their contract15. In case of harassment, an artist or cultural worker may file a claim directly with the Administrative Labour Tribunal.

Juripop represents artists and cultural workers free of charge before the Administrative Labour Tribunal. For more information about Juripop, visit the following website: https://aparte.juripop.org/en/

What are the employer’s obligations to prevent sexual harassment?

Under the Act respecting labour standards, “every employee has the right to a work environment free from psychological harassment” (s. 81.19). Psychological harassment includes vexatious conduct in the form of verbal comments, actions, or gestures of a sexual nature (s. 81.18) that result in a harmful work environment for the person subjected to them.

Since 2004, the Act respecting labour standards has required employers to take reasonable measures to prevent psychological harassment and to stop it when such conduct is brought to their attention (s. 81.19). Since 2018, employers have been required to adopt and make available a policy for the prevention of psychological harassment and the handling of complaints. It notably includes a section on behaviours that manifest through comments, actions, or gestures of a sexual nature.

Regarding occupational health and safety, the employer must take the necessary measures to protect the health and ensure the safety and physical and psychological integrity of workers, in particular by identifying, controlling, and eliminating risks that may affect their health or safety (s. 51(5)), which includes the risk of sexual harassment. Furthermore, since 2021, the Act respecting occupational health and safety (AOHS) states that the employer has an obligation to protect workers exposed to situations of sexual violence in the workplace (s. 51(16)). For the purposes of the AOHS, the term “worker” includes volunteers, students, trainee, and employees.

A worker who is a victim of sexual harassment in the workplace may have recourse to the mechanisms provided for in this Act, including the right to refuse to perform work made dangerous by the harassment they are experiencing (s. 12, AOHS). The intervention of an inspector may be requested by the worker who refuses to perform the work, by the person replacing them (if applicable), by a safety representative, or by the employer (s. 18, AOHS). The inspector will then determine whether a danger exists justifying the worker’s refusal to perform their work and may prescribe temporary measures and require necessary corrective measures to be implemented (s. 19, AOHS).

In the event of reprisals following the exercise of a right provided for in the AOHS, the Act provides a recourse that includes a presumption in favour of the worker, under certain conditions (s. 227, AOHS)2.

For more information about sexual harassment, visit the following websites:

Methodological notes

aIn Canada, in 2020, Statistics Canada conducted the first round of the Survey on Sexual Misconduct at Work (SSMW), which aimed to gather information on the nature, extent, and impact of inappropriate sexual behaviours; discrimination based on gender, gender identity, and sexual orientation; and sexual assault in the workplace. The survey was carried out among people aged 15 and over living in the Canadian provinces who were in paid or unpaid employment, or who were doing a work placement not organized by a school, or who had done so in the past. Data collection took place from January to June 2020. Most of the data were collected during the weeks preceding the COVID-19 pandemic. A total of 12,138 people responded to the survey, and the data were weighted to represent the entire Canadian population aged 15 and over.

bIn Quebec, in 2022, the Ministère du Travail, de l’Emploi et de la Solidarité sociale published a report on sexual harassment in Quebec workplaces documenting the prevalence, issues and existing remedies in this area. In addition to presenting the findings of a review of the scientific literature, the report presents the results of a survey of 2,046 people aged 15 and over who had held one or more jobs (as employees or self-employed workers) in the last two years, to gather data on the prevalence of sexual harassment in the workplace. Data were collected from March to April 2019. The data were weighted according to age, gender, education, and the information provided by Statistics Canada for 2018 to reflect the representativeness of Quebec’s working population.

References

  1. COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE (s.d.). "Sexual harassment," in Commission des droits de la personne et des droits de la jeunesse, [online], (Retrieved on February 8, 2024).
  2. COX, R., D. GESUALDI-FECTEAU, & A.-M. LAFLAMME (2023). Mettre fin au harcèlement sexuel dans le cadre du travail : Se donner les moyens pour agir, [online], Montréal: Québec, Comité chargé d’analyser les recours en matière de harcèlement sexuel et d’agressions sexuelles au travail.
  3. BURCZYCKA, M. (2021). Workers’ experiences of inappropriate sexualized behaviours, sexual assault and gender-based discrimination in the Canadian provinces, 2020, [online], Statistics Canada, "Juristat", (Retrieved on February 8, 2024).
  4. Human Rights Code, R.S.O. 1990, ch. H.19 (1990). Government of Ontario, (Retrieved on September 18, 2023).
  5. Charter of Human Rights and Freedoms, ch. C-12 (1976). LégisQuébec: Official Source, (Retrieved on March 1, 2022).
  6. MINISTÈRE DU TRAVAIL, DE L’EMPLOI ET DE LA SOLIDARITÉ SOCIALE (2022). Harcèlement sexuel dans les milieux de travail québécois - Recours, prévalence et enjeux, [online], Gouvernement du Québec, (Retrieved on October 19, 2022).
  7. Act respecting labour standards, ch. N-1.1 (1979). LégisQuébec: Official Source, (Retrieved on February 8, 2024).
  8. STATISTICS CANADA (2024). Gender Results Framework: A new data table on workplace harassment, [online], Statistics Canada, « The Daily », (Retrived on February 20, 2024).
  9. JAFFRAY, B. (2020). Experiences of violent victimization and unwanted sexual behaviours among gay, lesbian, bisexual and other sexual minority people, and the transgender population, in Canada, 2018, [online], Statistics Canada, "Juristat", (Retrieved on February 8, 2024).
  10. COTTER, A. & L. SAVAGE (2019). Gender-based violence and unwanted sexual behaviour in Canada, 2018: Initial findings from the Survey of Safety in Public and Private Spaces, [online], Statistics Canada, "Juristat," (Retrieved on February 8, 2024).
  11. CORTINA, L. M. & M. A. AREGUIN (2021). "Putting people down and pushing them out: Sexual harassment in the workplace." Annual Review of Organizational Psychology and Organizational Behavior, vol. 8, n° 1, p. 285‑309.
  12. SIUTA, R. L. & M. E. BERGMAN (2019). "Sexual harassment in the workplace." Oxford Research Encyclopedia of Business and Management, p. 1‑29.
  13. TOPA CANTISANO, G., J. F. MORALES DOMÍNGUEZ, & M. DEPOLO (2008). "Perceived sexual harassment at work: meta-analysis and structural model of antecedents and consequences." The Spanish Journal of Psychology, vol. 11, n° 1, p. 207‑218.
  14. MERKIN, R. S. & M. K. SHAH (2014). "The impact of sexual harassment on job satisfaction, turnover intentions, and absenteeism: findings from Pakistan compared to the United States." SpringerPlus, vol. 3, n° 1, p. 215.
  15. Act respecting the professional status of artists in the visual arts, film, the recording arts, literature, arts and crafts and the performing arts, ch. S-32.1 (1987). LégisQuébec: Official Source, (Retrieved on February 8, 2024).

Author : Me Rachel Cox, Professor, Department of Legal Sciences, Université du Québec à Montréal 
Contributors : Maude Lachapelle, Scientific Advisor, INSPQ
Dominique Gagné, Scientific Advisor, INSPQ 
External reviewe : Nathalie Roxbourgh, Strategic Advisor, Commission des normes, de l’équité, de la santé et de la sécurité du travail
Nathalie Jauvin, Specialized Scientific Advisor, INSPQ