Definitions
This video introduces terms and definitions that are important to managing workplace sexual harassment.
Reminder: The information provided in the Employer Toolkit and in this training are suggested best practices, and are not intended to provide legal advice. If you are uncertain at any point, please check with a lawyer on whether this information is appropriate for your organization.
Sexual harassment is a type of sex discrimination and is prohibited under the Nova Scotia Human Rights Act. For more information about Human Rights in Canada and Nova Scotia, click here.
The sample Workplace Sexual Harassment (WSH) Policy offers a number of definitions that can be addressed by this policy.
Abuse of Power
Entering into a romantic or sexual relationship where there is an imbalance of power. The person in the position of power may be found to have engaged in misconduct. If a complaint of sexual harassment is filed, consent will not be a defence.
Bystander
A person who is present and witnesses sexual harassment, but who was not directly involved in the harassment.
Complainant
A member of the workplace who has made a complaint of sexual harassment.
Respondent
A member of the workplace who is alleged to have sexually harassed another.
Sexual Cyberbullying
Electronic communication of a sexual nature, direct or indirect, that causes or is likely to cause harm to another individual’s health or well-being. Sexual cyberbullying can include non-consensual sexual contact online (for example, sending/posting nude images or pornography) even if it was not intended to cause harm.
Sexual Harassment
Sexual conduct (including comments and/or gestures) that is known or ought reasonably to be known as unwelcome. This could include a sexual advance made by an individual in a position of power to a subordinate. This could also include retaliating or threatening to retaliate against an individual after they rejected a sexual advance. Sexual harassment is a type of sex discrimination and is prohibited under the Nova Scotia Human Rights Act.
Workplace
The workplace includes any activity, event, or undertaking that a member of the workplace participates in and that has a substantial connection to the workplace.