Everyone believes that workplace discrimination and harassment should not be tolerated in today’s business world. Still, there are many who don’t have a clear understanding of what discrimination and harassment actually mean.
What Is Workplace Discrimination?
Discrimination occurs when an employee is treated unfairly and denied employment opportunities due to reasons related to factors such as race, colour, religion, age, national or ethnic origin, gender, sexual orientation, marital status, family status, or disability.
To avoid discrimination, companies must ensure that all employees are treated equally. That means that the same policies are applicable, and that the same employment opportunities (including promotion) are extended to all employees, regardless of the above factors.
In Canada, workplace discrimination and harassment issues are addressed in the Human Rights Act, which is administered by the Human Rights Tribunal. The Tribunal is ultimately responsible for reviewing, mediating and adjudicating human rights complaints.
Employers found guilty of workplace discrimination can suffer significant penalties, not to mention a loss of reputation in the market, which can negatively affect their ability to attract and retain future talent.
Remedies for employees who have suffered workplace discrimination can include:
- Reinstatement in their job (where applicable),
- Compensation for any wages or salary lost, and
- Compensation for injury to dignity and feelings, to name just a few.
What Is Workplace Harassment?
Harassment can also be defined as a form of discrimination. It is usually described as any abusive or unacceptable verbal or physical conduct related to a discriminatory factor, such as race, age, or gender.
Harassment can occur in a number of ways, such as making racial or ethnic insulting comments, unwanted sexual advances, hostile remarks, or offensive and humiliating jokes.
Types of Sexual Harassment
Sexual harassment, in particular, is a very serious matter, regardless of whether the offender’s comments or behaviours were conscious or deliberate. There are two categories of sexual harassment, one described as sexual coercion and the other one as sexual annoyance.
Sexual coercion is the equivalent of “quid pro quo” harassment and typically takes place between a manager or supervisor (a decision maker) and their subordinate. This type of harassment was in fact very well portrayed by Michael Douglas and Demi Moore in the movie Disclosure. Simply put, if the victim doesn’t do what their boss demands, they lose their job or don’t get a promotion they deserve. Sexual coercion is not only seen as employment discrimination, but also as a violation of labour laws and human rights.
Sexual annoyance, on the other hand, creates a hostile work environment by being demeaning, offensive, or intimidating to the victim, without having a direct connection to any employment conditions or job benefits. It includes sexual harassment by an employee against a peer, or by a company's client against an employee.
To truly create a harassment and discrimination-free workplace, every employee needs to be responsible for upholding the highest standards of personal and professional conduct, and treat others with respect and dignity.
While companies can put in place policies and disciplinary measures to deal with offenders, or hire human rights consultants to assist with specific situations, the ultimate accountability rests with employees, and particularly with leaders who must act as role models, and “walk the talk.”
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