Despite enormous progress made with respect to harassment and discrimination of all kinds in the workplace, it still persists in some environments. This is unacceptable for every worker and Locals 175 & 633 fights to protect your rights in the workplace.

The Ontario Human Rights Code states: "You have the right to be free from discrimination and harassment in shops, restaurants, transit, hospitals, schools, insurance, housing, contracts, employment, membership in unions or vocational associations."

This code applies to every worker except those who work for the federal government or those whose industry the government specifically regulates.

Workers in non-unionized environments often fear retaliation for bringing charges of harassment or discrimination against coworkers and management. The Local will fight to not only end the harassment and/or discrimination but also to keep your job, seniority, pay and anything else under threat from the company.

Do not hesitate to contact your workplace Union Steward or Union Rep if you believe harassment or discrimination exists in your workplace.

Below are some frequently asked questions to help you determine whether something you've experienced is considered harassment. For more information, visit the Web site for the Ontario Human Rights Code.

• What is harassment?
• What is racial harassment?
• What is sexual harassment?
• What if the person is just joking around or trying to be funny?
• Does my employer have to do anything about workplace harassment?
• What is the employer is doing the harassing?
• What is discrimination?
• What aspects of employment does the Human Rights Code cover?
• Do these Rights apply to everyone?
• What do I do if I have a complaint?

What is harassment?

Harassment is a form of discrimination. It includes physical behaviour or verbal comments that put you down, insult or offend you based on race, sex, colour, ancestry, place of origin, ethnic origin, marital status, same sex partner status, sexual orientation, age, disability, citizenship, family status or religion. If a person says something to you that the person knows or ought to know is unwelcome or makes you feel uncomfortable because it is discriminatory, this is harassment.

What is racial harassment?

Racial harassment includes any unwanted comments or behaviour insulting your race, culture and/or ethnicity including general statements, slurs, jokes or graffiti.

What is sexual harassment?

Sexual harassment includes any unwanted comments, behaviour or attention of a sexual nature. This can include remarks about your appearance, degrading pictures, physical contact, sexual demands and/or offensive graffiti.

What if the person is just joking around or trying to be funny?

Harassment is not a joke. Victims can feel uneasy, humiliated or uncomfortable as a result of a harassers comments or behaviour.

Harassment is an expression of perceived power or superiority by one person over another, usually for reasons over which the victim has no control - such as gender, race, age and the other reasons listed above.

Does my employer have to do anything about workplace harassment?

Yes. Under the law, your employer is legally responsible for stopping or preventing harassment in the workplace.

What if the employer is doing the harassing?

It is illegal for your employer, supervisor or any person in authority to harass any employee. This includes making sexual suggestions or requests of any employee.

It is also illegal for your employer, supervisor or person in authority to make reprisals against an employee for rejecting a sexual advance or solicitation.

What is discrimination?

Discrimination is defined as unfair treatment based on a person's race, sex, colour, ancestry, place of origin, ethnic origin, marital status, same sex partner status, sexual orientation, age, disability, citizenship, family status or religion. An employer cannot discriminate against an employee or potential employee based on any of these criteria. It is against the law.

What aspects of employment does the human rights code cover?

The Ontario Human Rights Code covers all aspect of employment including application for jobs, recruiting, interviews, promotions, dress codes and work schedules.

Do these Rights apply to everyone?

The Ontario Human Rights Code protects all workers in every situation considered under the code.

What do I do if I have a complaint?

If you feel you have been harassed you must tell the person responsible to stop. If the harasser is a coworker, you can make a complaint to your supervisor. You should keep detailed records of what happens(ed) including what was said or done, who was involved, where and when it happened and any witnesses. Also, be sure to make copies of any written materials exchanged.

If the harassment doesn't stop, you should file a complaint with the Ontario Human Rights Commission who will investigate the matter. All complaints must be made within six (6) months of the occurrence. Cases of discrimination should always be reported to the Human Right Commission.