Harassment and discrimination

Harassment and discrimination come in many different forms such as ableist, racial microaggressions and macroaggressions. Above all, it’s important to remember that it’s the impact on the affected individual(s) that matters when determining whether harassment or discrimination is occurring in the workplace. What this means is that:

Your subjective interpretation of the behaviour holds the most weight.

It doesn’t matter whether the emotional and/or psychological harm being caused is intentional or unintentional.

You don’t have to outwardly object to harassment or discrimination for the behaviour to be considered a violation of the Ontario Human Rights Code.

Even a single incident, depending on the form and/or severity of the behaviour, can constitute harassment or discrimination.

What feels safe for one person may feel unsafe for another. Workplace conduct experienced as harmless to one person may be deeply harmful to another. This is why perspective and impact matter most when it comes to experiences of harassment or discrimination. Harassment refers to behaviour that is both unwelcome (by the person being harassed) and should reasonably be known to be unwelcome (by others in the workplace).

According to the OHRC, you have the right to equal treatment and freedom from harassment and discrimination based on the following protected grounds:

Your right to safety and equal treatment based on the above protected grounds not only exists in the workplace but extends to all parts of the employment process, including:

• Job applications

• Recruitment

• Training

• Transfers and promotions

• Apprenticeship terms

• Dismissal and layoffs

• Pay, hours of work, overtime, shift work, holidays and benefits

• Discipline and performance evaluations

Harassment is defined by the OHRC as “engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.” Let’s breakdown this legal definition:

• A course of: typically happening more than once, or as part of an ongoing pattern; depending on the form and/or severity, the harmful conduct need not necessarily happen more than once to be considered harassment

• Vexatious: causing a negative reaction

• Known or ought reasonably to be known: regardless of whether the behaviour is intentional or unintentional

• Unwelcome: the behaviour is unwanted by the person on the receiving end

Discrimination is characterized by the OHRC as:

• Not individually assessing the unique merits, capacities and circumstances of a person.

• Making stereotypical assumptions based on a person’s presumed traits.

• Having the impact of excluding persons, denying benefits or imposing burdens.

Harassment and discrimination, based on any of the OHRC-protected grounds, are explicitly prohibited in the workplace under the OHRC.

Harassment is unwanted conduct in the workplace that results in physical, emotional and/or psychological harm. Harassment refers to behaviour that is both unwelcome (by the person being harassed) and should reasonably be known to be unwelcome (by others in the workplace).

Discrimination refers to unfair treatment of an individual or group. Unequal treatment based on an OHRC-protected ground constitutes discrimination, regardless of who or what in the workplace is responsible. According to the OHRC, it’s wrong to think that discrimination doesn’t exist if the impact was not intended or if other factors could explain a particular situation. Discrimination often takes place without any intent to harm. In many cases, there are overlaps between discrimination and other legitimate factors.

There are many forms of harassment and discrimination behaviour, and each exist on a spectrum of severity and scale. Harassment and discrimination can take place on an individual or systemic scale and in both subtle and overt forms (e.g., from microaggressions and macroaggressions to violence).

Harassment can be, for example:

Harassment can be based on many individual factors, including race, gender, sex, age, religion/creed and disability. An important thing to note about harassment is that some of these different forms of harassment can overlap and intersect. For example, if the harassment is of a sexual nature, it’s considered sexual harassment. Harassment based on gender may also be considered sexual harassment.

Discrimination can be, for example:

Though not explicitly mentioned by the OHRC, microinvalidations, microaggressions, microassaults and macroaggressions can be forms of harassment and discrimination.

Microaggressions are subtle, passive-aggressive remarks, questions or actions that demonstrate a negative bias towards a marginalized group or an individual member of a marginalized group. Microagressions can be intentional or unintentional and often happen casually in the workplace. Microaggressions are dangerous because the cumulative effect of microaggressions on an individual is serious and can contribute to a larger pattern of unequal treatment in the workplace.

Microaggressions come in many forms in the workplace and can include questions that are rooted in negative racial stereotypes such as “where are you really from?”, tokenism, misgendering, dismissive language and asking invasive personal questions. Microaggressions can also be non-verbal and can include avoiding eye contact, ignoring individuals in the workplace and interrupting an individual while they are speaking.

Different forms of microaggressions:

Other examples of harassment (that can be based on any of the grounds above):

• Unjustifiably monitoring someone’s work

• Offensive, degrading and derogatory jokes and comments

• Offensive graffiti, cartoons, pictures and memes

• Spreading rumours

The OHRC defines a poisoned environment as a form of discrimination. The atmosphere of a workplace (including emotional and psychological circumstances) is a condition of employment as much as hours of work or rate of pay.

A poisoned/toxic environment can be created when unwelcome conduct or comments are pervasive within the organization, which may result in a hostile or oppressive atmosphere for one or more individual members of an OHRC-protected group. This can happen when a person or group is exposed to ongoing harassment. However, a toxic environment is based on the nature of the comments or conduct and the impact of these on an individual rather than just on the number of times the behaviour occurs. Sometimes a single remark or action can be so severe that it creates a toxic environment.

A toxic environment may be created by the comments and/or actions of any person, regardless of their status. The comments or conduct don’t have to be directed at a particular individual. A workplace environment that negatively impacts the physical, emotional and/or psychological safety of an individual, individuals or group can be created by even a single incidence of harassment, even if the harassment isn’t directed at you.

A toxic environment is one in which harassment and/or discrimination, based on an OHRC-protected ground, has resulted in a workplace that feels emotionally and/or psychologically unsafe for an individual or group. The term “toxic environment” may also be used to refer to an unsafe workplace that has resulted from a broader range of harmful behaviours not necessarily outlined in the OHRC.

Harassment and discrimination, as defined by the OHRC, are always against the law and should always be taken seriously, even if these cases rarely escalate to a court of law in Ontario. However, like a toxic work environment, harassment and discrimination need not always be based on OHRC-protected ground. The  Occupational Health and Safety Act (OHSA), which applies to most employers in Ontario, prohibits both OHRC-based harassment and discrimination, as well as a broader range of harmful behaviour sometimes referred to as psychological or personal harassment.

The OHSA requires employers to control risks of violence through preparing a workplace (anti) violence program. The program must include measures and procedures for the following:

• Controlling risks identified as likely to expose a worker to injury

• Summoning immediate assistance when workplace violence occurs, or is likely to occur

• Reporting incidents of workplace violence

• Investigating and resolving incidents or complaints of workplace violence

Read more about how OHSA protects employees from workplace violence and harassment.

If you’re feeling unsafe in the workplace, you should seek support. Experiences of harassment and discrimination can negatively impact your self-esteem and sense of safety both inside and outside the workplace.

Given that harassment and discrimination can come in many forms, toxic workplaces can present in overt or subtle ways, and harm can occur on a spectrum of severity – it’s important to know that all concerns about your safety in the workplace are valid and should be taken seriously.

Safety means something different for everyone, and people, places and environments can impact us differently depending on our social location. Ultimately, it’s the impact on you that matters. You don’t need to determine whether workplace behaviour is technically harassment to access support. If you’re experiencing physical, emotional or psychological harm of any kind in the workplace, that is never okay. If you’re feeling unsafe, it’s recommended that you seek support that is available to you and make sense based on the circumstances. More information on how to access supports can be found in the “Who should I share with?” section.

Sharing your experience of harassment and/or discrimination in the workplace can be difficult and uncomfortable. Depending on the nature of your situation, sharing your experience may feel unsafe. So, it’s important to know that you have agency with respect to how and with whom you respond to harassment and/or discrimination, and when and where you seek support. The following section provides information on your options should you ever experience harassment and/or discrimination in the workplace, as well as some resources and support available to you, so you can make a safe and informed decision for yourself.

As humans we have a natural desire to take care of one another. Consider a time when someone stood up for you. How did it make you feel? When done appropriately, intervening as an active bystander or stepping up as an upstander can leave the impacted person(s) feeling empowered, confident, supported and feeling a sense of belonging. When someone observes and ignores an act of harassment, discrimination or violence, whether through choice or ignorance, they can appear to be condoning or reinforcing the harmful behaviour.

Bystanders/active bystanders

An individual who observes harmful behaviour and has the opportunity to either condone, intervene or do nothing is considered a bystander.

An active bystander is someone who doesn’t ignore problematic situations, intervenes in appropriate ways and supports those impacted by harmful behaviours.

Before you choose to intervene as an active bystander, there are few questions you may want to consider:

• Do you have the skills to intervene safety and effectively? There’s no perfect way to stand up for someone who is being harmed. The main thing you want to consider are the potential risks of intervening. You must determine the extent to which you feel safe doing so.

• Do you have consent? It’s best to ask for the consent of the person(s) being harmed before intervening. However, there are situations when asking for consent may not be an option.

Some considerations for your response:

• Focus on the harm being caused, not the person – your goal is to help the harm-doer understand how their words or actions are harmful.

• Assume there is no malicious intent, give the individual the benefit of the doubt and approach the situation with a positive attitude.

• Pause and take a deep breath, do your best not to approach the situation with anger, as it’s likely to further escalate the situation.

Upstander

An upstander challenges situations that normalize harassment, discrimination and potential violence. Upstanders work to establish anti-discriminatory behaviour as the social norm and to create safer, more inclusive workplaces. The five active bystander tactics also apply to upstanding. However, when it comes to taking a proactive role as an upstander there are a few strategies to consider:

• Educate yourself about social issues.

• Lead by example – demonstrate empathy and awareness in your own actions.

• Volunteer – contribute your time to a cause that aligns with your values and/or addresses social issues.

• Promote positive change and inclusion of voices and perspectives from marginalized individuals and/or groups.

• Practice ongoing self-reflection – challenge your own biases, cultivate empathy and be open to feedback.

The most common harmful behaviour you might encounter as a bystander in the workplace are microaggressions. Though one remark may seem insignificant, the cumulative effect of microagressions is harmful and can contribute to lower productivity, physical and mental health problems. Being an active bystander and/or upstander is an ongoing process that requires courage, learning, commitment and adaptability. Always be sure to consider your own safety before deciding to take on the role of an active bystander or upstander both in general and situationally.

How much should I share?

If something makes you feel unsafe in the workplace, do your best to document the incident(s) privately for your own records (e.g., noting the date and time, location, perpetrator(s) and witnesses and any other details that seem important). Not only will this help to resolve your case, should you choose to seek support, but it can also help prepare you to share your experience with someone you trust when you feel ready.

Write a script to prepare

If the thought of sharing your experience feels challenging, you may also consider writing a script to help you prepare for a conversation, which might include:

• The details of the incident(s) you’ve documented.

• How the incident(s) made you feel, or the impact the experience had on you.

• What you might like support with (it’s okay if you don’t want help yet, or at all – you might just want someone to listen).

Again, sharing can be difficult, but it should always be done on your terms. Not only is it your decision if and when to share your experience, but it’s also your choice as to how much you share. You can disclose as much or as little detail as you wish, you can share names or keep those involved anonymous and you only need to discuss your feelings if you feel comfortable doing so.

Your privacy and confidentiality

Workplace harassment and discrimination are usually highly sensitive situations. Sharing your experience may not always feel safe, and you may be worried about your confidentiality or losing control over your situation if you choose to seek help.

What if I’m not sure whether my concern meets OHRC grounds?

If you’re feeling unsafe in the workplace, you should seek support(s) that make sense for you such as a trusted friend, family member or health professional. You’re not obligated to understand or consult the OHRC before sharing or acting on your situation.

It can be difficult to determine whether a situation has violated your human rights according to the OHRC-protected grounds. Your protected grounds have been violated if you’re discriminated against based on an OHRC-protected ground such as age, race and gender identity in a protected social area (e.g., employment).

If you’re interested in learning more about protected human rights, you can:

• Review the detailed information on the OHRC website.

• Contact the OHRC directly for guidance.

• Seek guidance from professionals (e.g., advocacy groups).

• Consult resources published by human rights organizations.

If you’re dealing with a human rights violation, seeking assistance from qualified professionals or organizations is crucial. They can provide accurate information, guide you through the process and help you understand your rights and available options. Please refer to the human rights resources in the additional resources section.

The Conflict Management and Human Rights Office acts as a resource to all members of the university community (faculty, staff and students) regarding matters of harassment, discrimination and other general forms of conflict.

The University of Waterloo takes the safety and well-being of its co-op students very seriously. Within Ontario, we lean on the Ontario Human Rights Code (OHRC) to protect co-op students working in Ontario from harassment and discrimination. The OHRC states, “every person who is an employee has the right to be free from harassment in the workplace.” Co-operative Education will also support students in all workplaces regardless of geographic location, understanding that policies may vary in different provinces and countries.

View the following scenarios to better understand your rights regarding harassment and discrimination and how to access support:

Who should I share with?

If you ever feel unsafe in the workplace, there are many options, support(s) and resources for you to consider. We’ve provided charts to outline benefits and considerations for all workers/employees and for University of Waterloo students and employees specifically to keep in mind when deciding whether to share, and who they are comfortable sharing with.

Keep in mind that some of the supports and resources listed will not be fully equipped to resolve cases related to workplace safety, harassment or discrimination. While it’s likely that not every support is related to your individual situation, you have agency over who you reach out to and for what – even if you just want someone to talk to. It’s important to move forward in a way that feels safe for you.

Benefits and considerations (for all workers/employees)

Benefits and considerations (for University of Waterloo students and employees)

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