Relationships of mutual consent
Behaviours that are not considered harassment are those that arise from a relationship of mutual consent. A hug between friends, mutual flirtation, and a compliment on physical appearance between colleagues are not considered harassment.
Academic freedom and intellectual disagreements
Under the Harassment Prevention Policy, intellectual disagreements related to academic freedom are also not considered harassment:
Harassment does not include collegial disputes or disagreements regarding policy, practice, ideology or matters of academic freedom. Neither this policy generally nor its definitions are to be applied in such a way as to detract from the right of faculty, staff and students to engage in the frank discussion of potentially controversial matters, such as race, age, politics, religion, sex and sexual orientation, subject to the provisions of the Human Rights Code of BC.
Direction of the workforce and student body
The management and discipline of employees and students is also not harassment. Legitimate requirements to comply with rules or standards—such as requests to meet dress codes, deadlines, employee performance standards, attendance requirements—are not considered harassment.
This policy is not to be interpreted, administered or applied in such a way as to detract from the right and obligation of those in supervisory roles to manage and discipline employees and students in accordance with collective agreements and applicable administrative policies.
FAQs
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.
What are the four elements that legally define harassment? ›
State laws define harassment as behaviour patterns that bother, threaten, intimidate, alarm, or place people in fear of their safety.
What 3 factors are commonly used to determine whether conduct is considered unlawful workplace harassment? ›
Under federal law, unlawful workplace harassment is defined by three key factors: the conduct must be unwelcome, it must be either severe or pervasive, and it must interfere with the victim's work performance. If any of these factors are applicable in your situation, you may be eligible for financial compensation.
What are the three 3 types of harassment? ›
Harassment can take many forms and it is important to be aware of the different types of harassment so that we can protect ourselves and those around us. We will discuss the three main types of harassment: verbal, visual, and physical.
What are 3 examples that are not harassment? ›
Supervision of employees, normal workplaces conflicts, and office romances accepted by both parties are not workplace harassment or violence. These actions must be done in a professional and respectful manner.
What are things that are not harassment? ›
Normal conflict and differences of opinion, consensual office relationships and evaluating and supervising workers are not harassment. Normal workplace conflict and differences of opinion are not workplace harassment.
What is considered and what is not considered harassment? ›
Overall, any behavior that is unwelcome and based on a protected characteristic, and that creates a hostile or offensive work environment, can constitute workplace harassment.
What type of behavior is considered harassment? ›
Unwelcome conduct, verbal or physical, including intimidation, ridicule, insult, comments, or physical conduct, that is based on an individual's protected status or protected activities under Personnel Bulletin 18-01, when the behavior can reasonably be considered to adversely affect the work environment, or an ...
What is legally defined as harassment? ›
The civil harassment laws say “harassment” is: Unlawful violence, like assault or battery or stalking, OR. A credible threat of violence, AND. The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.
What makes a strong retaliation case? ›
A strong retaliation case must show three things: An employee faced discrimination or harassment in the workplace. They reported the incident. The employee was then fired, demoted or otherwise punished for their complaint.
The first step in proving a hostile work environment is to document the incidents of harassment or discrimination. Write down what happened, when it happened, who was involved, and any witnesses. Keep any emails, notes, or other evidence of the incidents.
What qualifies as a hostile work environment? ›
In California, a hostile work environment is created when offensive or discriminatory conduct present in the workplace restricts an employee's ability to perform their job. Racial slurs, threats, bullying, sexual harassment, physical fighting and other offensive behaviors contribute to a hostile working environment.
What is indirect harassment? ›
Indirect harassment occurs when the act was not aimed at the employee but creates a toxic atmosphere, or if simply put, a secondary victim is offended by an unwelcome conduct. This can manifest in several ways. A person is subjected to indirect harassment if he/she: Overhears an offensive joke or remark.
Is being singled out at work harassment? ›
Being singled out at work is a form of workplace bullying. And it's also illegal.
What can be considered workplace harassment? ›
Workplace harassment is unwelcome conduct based on a person's race, color, religion, sex, national origin, older age, disability, or genetic information. Harassment includes: Offensive jokes, objects, or pictures. Name calling.
What is harassment and what is not? ›
By law, harassment is unwelcome behavior based on race, color, religion, sex (including pregnancy), national origin, age, disability, or genetic information. An action doesn't have to be illegal in order for it to be harassment. Harassment is any behavior that creates a hostile work environment.
What does the definition of harassment include? ›
Primary tabs. Harassment refers to words or behavior that threatens, intimidates, or demeans a person. Harassment is unwanted, uninvited, and unwelcome and causes nuisance, alarm, or substantial emotional distress without any legitimate purpose.
What is considered as harassment? ›
The civil harassment laws say “harassment” is: Unlawful violence, like assault or battery or stalking, OR. A credible threat of violence, AND. The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.
What is the definition of harassment? ›
If someone is abusing, insulting, or otherwise harming you on a regular basis, it's called harassment. Cruel and usually really annoying, harassment is also illegal in some cases. Harassment is a word that describes any kind of ongoing torment. At school, harassment is often known as bullying.
