Sexual harassment is defined as conduct of a sexual nature that is known or ought to be known as unwelcome. Instances of such behavior may include:
- Sexual jokes, commentary or insults
- Sexual advances
- Physical touching of a sexual nature
- Spreading rumours about one’s sex life
Have you been a victim of sexual harassment in the workplace? Are you concerned about how your employer is dealing with your sexual harassment complaint? Learn more about your rights, by contacting JPAK Employment Lawyers today. We have successfully represented and negotiated settlements on behalf of complainants, including achieving financial compensation.
Employers have a legal duty to maintain a work environment completely free of sexual harassment. Upon receipt of a complaint, the law requires employers in Ontario to investigate and disclose the results of the sexual harassment investigation, both to the complainant and respondent. Taking corrective measures is also a necessary step, as a way of ensuring the behaviour is not repeated.
Employees have a right to be protected from reprisal or penalty if they bring a complaint of sexual harassment in good faith. In fact, it is unlawful to blacklist, deny promotional opportunities, isolate, demote, or otherwise penalize an employee for making a good faith complaint of sexual harassment, or for otherwise participating in an investigation into sexual harassment. The employment lawyers at JPAK Employment Lawyers will act as fierce advocates for you, with a view to protecting your career and your rights as you navigate the process.
Very often, perpetrators will deny that they committed any wrongdoing. More often than not, sexual harassment occurs behind closed doors, and there are no witnesses to corroborate your allegations. It may be your word against theirs. Do not give up. This is a very common situation, but this does not mean that a sexual harassment complaint will not be taken seriously or that it will fail.
At JPAK Employment Lawyers, we provide clients with advice on how to best build an evidentiary record and protect their rights in this situation.
What if the Sexual Harassment Occurred Long Ago?
Even if the incident(s) occurred in the past, you may still be able to pursue legal remedies. As of March of 2016, the Province of Ontario removed the limitation period (deadline) in relation to civil claims based on a sexual assault or claims based on any other misconduct of a sexual nature, as long as the alleged perpetrator remains in a position of authority.
If you were a victim of sexual misconduct in the workplace, regardless of how much time has passed, you should seek legal advice from an expert labour and employment lawyer at JPAK Employment Lawyers. We will help you better understand the strength of your claim and advise you accordingly.
Our Firm will consult with you about your rights, devise a strategy that safeguards your interests, and take any necessary steps to build an effective case, pursuing all legal remedies available including financial compensation. Call us today for more information.