Sexually harassed in a small workplace
People who work for larger corporations and organizations who are sexually harassed in the workplace have a slightly easier path to follow in dealing with the issue. There will likely be a policy manual that sets out prohibitions against harassment including sexual harassment and provides an exhaustive definition and complaint process. There will also be a Human Resources Department who should know how to deal with and investigate a complaint. But what if you work for a small business without the bells and whistles? For example, if the owner of the business keeps leaning on you for a date, what do you do?
In a perfect world you would find new employment and after you have left file a sexual harassment complaint with the Ontario Human Rights Tribunal. They will attempt to mediate the issue and if that is not successful there will be an adjudication. If it is found that sexual harassment took place you can seek compensation for any lost wages between the old job and any new job as well as an award of general damages for the violation of your rights and harm to your dignity. Those awards routinely range up to $30,000.00, sometimes more depending on the circumstances. But what if there is no new job to be had and the rent has to be paid? And what if you have reached the breaking point and simply cannot continue to tolerate this work environment while you look for new opportunities?
You could start by writing a polite but firm letter to your boss outlining the offending behaviour. Note that the Ontario Human Rights Code defines sexual harassment as engaging in a course of vexatious comment or conduct that is known or ought to be known to be unwelcome. Explain that asking for a date once, although uncomfortable , power imbalanced and unfair, is not in itself illegal. Asking more than once after a “no” has been received is sexual harassment. Confirm that you value your employment and wish to continue to contribute to the organization but courteously explain that if it continues you will be forced to file a complaint pursuant to the Ontario Human Rights Code and possibly pursuant to the Occupational Health and Safety Act. That last Act prohibits bullying and harassment in the workplace and sexual harassment is covered.
If the behaviour does not cease then do another letter to the boss indicating that you are filing a complaint of bullying and harassment under the Occupational Health and Safety Act against him and want him investigated. When your boss does not investigate you can file a complaint with the Ministry of Labour complaining that no investigation, which is required by the statute, has taken place. The Ministry of Labour will act fairly quickly and order the employer to investigate and may order the employer to hire a third party to do the investigation since the boss cannot investigate himself. Hopefully this escalation will put an end to the behaviour. Filing that complaint does not stop you from also filing a complaint with the Ontario Human Rights Tribunal. That, however, is a much longer process but the difference is that the Tribunal can order real compensation.
I know it seems somewhat Pollyannish to think that an employee in a small business can go to work every day while filing statutory complaints about their boss who works alongside them. It is not that I think it is easy or often happens. It is, however, part of the few remedies available in a situation where you cannot, economically, simply walk out the door and hope for compensation later.
Both the Occupational Health and Safety Act and the Ontario Human Rights Code include prohibitions against any employer taking reprisal action against an employee for filing a complaint or raising a concern. In 2021 few employers are stupid enough to think they can get away with firing an employee in that kind of situation. They can, however, subtly make life difficult. There are no decent remedies, but at least there are some options.
