{"id":10951,"date":"2022-08-10T15:20:17","date_gmt":"2022-08-10T15:20:17","guid":{"rendered":"https:\/\/saferplacesnb.ca\/?page_id=10951"},"modified":"2024-01-23T22:49:00","modified_gmt":"2024-01-23T22:49:00","slug":"ask-a-lawyer","status":"publish","type":"page","link":"https:\/\/saferplacesnb.ca\/en\/ask-a-lawyer\/","title":{"rendered":"Ask a Lawyer"},"content":{"rendered":"\t\t
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Ask a Lawyer<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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FAQs about Workplace Sexual Harassment <\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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One day you may have to deal with an incident of sexual harassment at work \u2013 as a witness, a supervisor, or a victim. We have compiled a list of some of the most commonly asked questions below. Review the answers to feel better prepared!<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t

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The questions and answers listed below are meant to be used as general information about the law. They are not meant to comment on any individual\u2019s specific situation, nor provide legal advice. For legal advice specific to a particular case or incident you or someone else has experienced, please consider speaking directly to a lawyer.<\/i><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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Despite this being a common saying amongst many service industries, the customer is not always right. If a customer is making you uncomfortable, you have the right to tell them that. The idea that a customer is always right can be very dangerous to share to employees, as it leads to employees being forced to stay quiet in situations that they are uncomfortable.<\/p>

Employees have the right to not be subjected to sexual harassment in the workplace. If an employee is experiencing sexual harassment from a service user or customer, the employer has a duty to ensure that they address that risk.<\/p>

Employers are legally obligated to prevent and address sexual harassment in the workplace from non-employees. They should take steps to make employees aware that sexual harassment by customers is unacceptable and to report any occurrences of sexual harassment immediately.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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Facilitated Conversations<\/strong> \u2013If parties involved in a sexual harassment complaint are uncomfortable meeting alone, an employer can ask a neutral third party (usually a member of management) to meet with the parties and help to facilitate a discussion.<\/p>

Coaching<\/strong>\u2013 Sometimes, one or more people needs more guidance and direction. Coaching is a one-on-one process that encourages self-awareness and empowers parties to recognize the impact of their behaviour and actions on others and how others might perceive those behaviours and actions. An employer can direct one of their management members to act as a coach themselves, or they could consult outside agencies to assist in the coaching process.<\/p>

Mediation<\/strong> \u2013 It can sometimes be helpful to have a neutral third party hear both sides of the situation and helps the parties reach a satisfactory decision about the issue at hand. The mediator creates an environment where the parties can try to reach a mutual agreement. Agreements may result in a letter of apology to the target of the harassment, human rights training for the organization\/individuals involved, a change in the organization\u2019s policies and procedures, etc. The mediator helps the parties decide what they believe would make the situation better going forward, and what they view as a good solution.<\/p>

Group Process<\/strong> \u2013 A proactive approach that works to identify underlying issues and potential conduct within a group that if left unchecked could otherwise result in harassment. With a facilitator, the group or team identifies issues and conduct that are negatively affecting the group. The group clarifies roles and expectations within the group, and where they see the biggest risk. The group may set mutual goals and plans of action to ensure that harassment is eliminated in the workplace.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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Telling a co-worker they look nice today, or complimenting a new article of clothing, is generally not considered sexual harassment unless they have asked you to stop. Compliments are inappropriate when they are accompanied with sexual innuendo or gestures, are focused on the other person\u2019s body, or when they are unwelcome. It may also be inappropriate if you are constantly directing your compliments to one particular individual. If the individual you are complimenting has indicated you are making unwelcome comments about their appearance, it may be sexual harassment.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/p>

Generally, not offensive compliments:<\/p>