This section starts with a definition of harassment and of sexual harassment and then looks at how context and perception, including perception in power relationships, influence the determination of sexual harassment. It presents examples of behaviours, which may constitute sexual harassment and provides criteria or guidelines to judge whether sexual harassment has occurred.
Definitions
The Ontario Human Rights Code defines harassment as an
"engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome."
The Supreme Court of Canada’s decision in Janzen v. Platy Enterprises Ltd. (1989) provided a simplified definition of sexual harassment in employment.
"unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victims of the harassment."
Would this situation be one of sexual harassment?
An employee receives a compliment on what he or she is wearing.
