When Workplace Harassment is Discrimination

The Canadian Human Rights Act applies to federally regulated workplaces in Saskatchewan. The Saskatchewan Human Rights Code applies to all other workplaces in Saskatchewan. Prohibited grounds of discrimination include:

• race
• national and ethnic origin
• colour
• religion
• age
• sex, sexual orientation and gender identity
• marital and family status

Human rights laws do not contain definitions of harassment or sexual harassment. However, the same types of behaviours that would be harassment or sexual harassment under The Saskatchewan Employment Act or the Canada Labour Code are covered.

Under human rights laws, harassment that is discrimination is behaviour that is unwelcome or has a negative impact on the person. It can be behaviour that persists over time or a single serious incident.

Examples of harassment that is discrimination include:

• a colleague makes fun of your hijab
• a manager makes inappropriate comments about your physical appearance
• a supervisor rubs your shoulders despite your objections
• a colleague deliberately misgenders you or uses incorrect pronouns for you

Harassment by a fellow employee or an employer are both prohibited forms of discrimination under human rights laws. Under The Saskatchewan Human Rights Code, employers who know about sexual harassment and do not take steps to stop it can be held responsible for the harassment.

Under the Canadian Human Rights Act, employers are responsible for the actions of their employees unless:

• the employer did not consent to the conduct
• the employer took all reasonable steps to ensure that this type of conduct did not happen
• once they were aware of the conduct, the employer took steps to limit or avoid the harm caused by the conduct