- Engaging in a course of vexatious comment or conduct based on an individual's sex, sexual orientation, gender identity or gender expression that is known or ought to be known as unwelcome; and
- Making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker, and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.
Gender-based harassment is a subset of sexual harassment prohibited by the Code and OHSA. It refers to behaviours that regulate and reinforce traditional heterosexual gender norms or are otherwise directed at a person because of their gender.
Examples of behaviours of sexual harassment include but are not limited to:
- any deliberate and unsolicited sexual comment, suggestion or physical contact that creates an uncomfortable learning, working and living environment for the recipient and is made by a person who knows or ought reasonably to know that such action is unwelcome;
- unwelcome remarks, jokes, sexual innuendoes or taunting about a person's body, attire, sex, personal or social life;
- practical jokes of a sexual nature which cause awkwardness or embarrassment;
- displaying and/or distributing pornographic pictures or other offensive material of a sexual nature, either in print or electronic form;
- leering (suggestive staring) or other gestures;
- unnecessary physical contact such as touching, patting or pinching;
- expressions of gender bias which may include remarks that are discriminatory, degrading or derogatory and create a poisoned work environment;
- requests for sexual favours; and/or
- repeatedly using the wrong gender pronoun;
- repeatedly referring to a trans person by their legal name rather than their chosen name;
- sex-specific derogatory names;
- bragging about sexual prowess;
- sexual assault.
Additionally, the Code and the OHSA provide protections from reprisal or threats of reprisal for the rejection of a sexual solicitation or advance.
For additional information, please review Humber’s Human Rights Policy.
Please note: The behaviours and actions described above are not an exhaustive list of examples of sexual harassment.
If you would like to make a formal report of having experienced sexual assault and sexual violence, please contact: