Definition and Elements of Sexual Harassment

Under the Ontario Human Rights Code, sexual harassment is defined to include: a sexual solicitation or advance made by a person in a position to grant or withhold a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; or

retaliation or a threat of retaliation for the rejection of a sexual solicitation or advance by a person in a position to confer or withhold a benefit or advancement to the person.

For employers under federal jurisdiction, the Canada Labour Code prohibits sexual harassment, which is defined under the Code to mean any conduct, comment, gesture or contact of a sexual nature that is either likely to cause offense or humiliation to an employee or that might be perceived by that employee as placing a condition of a sexual nature on employment or the opportunity for promotion. The Canada Labour Code further provides, unlike the Ontario Human Rights Code, that every employer shall issue a policy statement concerning sexual harassment.

Should you require legal assistance, please email us at lawyers@grosman.com

...back to Sexual Harassment Index