What Do I Do If I Have Been Sexually Harassed At Work?
If you have been sexually discriminated against then one option is to file a complaint with the Human Rights Tribunal. An example of unacceptable behaviour would be an offer of promotion in return for sexual favours. It is also inappropriate for your employer to imply that your career might be jeopardized if sexual demands are not met. You may wish to hire a lawyer with experience representing complainants through the Human Rights Tribunal process.
Unacceptable touching, sexual comments or offensive images in the workplace should not be tolerated. Filing a complaint with the Human Rights Tribunal could allow you to obtain compensation and preventing future work environments from tolerating this type of behaviour..
Timing
Importantly, you will want to ensure that your complaint is submitted without delay. Generally, there is a six month deadline for filing your complaint. The complaint should be filed within six months of the discriminatory incident. If you file your claim more than 6 months after the incident then the tribunal has the option of dismissing the claim for lateness. If it is determined that the discrimination is a continuing incident then the clock starts ticking on the last day which the discrimination continued to occur.
Procedure
The Human Rights Tribunal does not operate through the Provincial or Supreme Courts. They have their own quasi-judicial body responsible for adjudicating and screening human rights complaints. However, if an award of money has been granted by the tribunal then this can be enforced through the courts.
Before the tribunal sets up a date for a hearing the usual process would provide for an early settlement meeting. These meetings have a very high success rate for resolving matters. Most of these matters are dealt with through negotiated settlement rather than a full hearing.
The Human Rights Tribunal prohibits discrimination based on sexual orientation, sex, age, convictions, sources of incomes, retaliation against someone who was a witness or helped with a complaint, marital status, physical disability, mental disability, religion, political belief, place of origin, colour, race or ancestry.
Call to book an appointment if you believe that you have a legitimate human rights complaint against an employer, landlord, occupational association, hotel, restaurant or union. Telephone 604 239-0800 and ask for Stewart Elworthy.
Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370