When Workplace Harassment is Discrimination

The Canadian Human Rights Act applies to federally regulated workplaces in Saskatchewan and The Saskatchewan Human Rights Act applies to all other workplaces in Saskatchewan. Prohibited grounds of discrimination include race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity, marital status and family status.

The Saskatchewan Human Rights Act and the Canadian Human Rights Act do not contain definitions of harassment or sexual harassment but 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 and/or has a negative impact on the person. Under the Canadian Human Rights Code it is behaviour that persists overtime or a single serious incident. Under The Saskatchewan Human Rights Act it can be a series of incidents or a single 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.

Harassment by a fellow employee and harassment by 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.