Edmonton Workplace Harassment Laws

Frequently Asked Questions

What is workplace harassment?

Workplace harassment includes:

• Unwanted behavior – Actions that are unwelcome and offensive
• Creates hostile environment – Makes workplace uncomfortable or unsafe
• Based on protected grounds – Such as race, gender, or disability
• Repeated incidents – Pattern of inappropriate behavior
• Power imbalance – Often involves abuse of authority
• Affects work performance – Impacts ability to do job

How do I report workplace harassment?

Reporting steps:

• Document incidents – Keep detailed records of all harassment
• Follow workplace policy – Use company’s reporting procedures
• Report to supervisor – Inform appropriate management
• Contact HR department – If internal reporting is needed
• File formal complaint – If informal resolution fails
• Seek legal advice – For guidance on reporting process

What are my employer’s responsibilities?

Employers must:

• Prevent harassment – Implement anti-harassment policies
• Investigate complaints – Conduct thorough investigations
• Take corrective action – Address verified harassment
• Provide training – Educate employees about harassment
• Maintain confidentiality – Protect privacy of all parties
• Ensure safety – Create safe work environment

What if my employer doesn’t take action?

Options include:

• File human rights complaint – If harassment is discriminatory
• Contact occupational health and safety – For unsafe work environment
• Seek legal advice – For potential lawsuit
• Document inaction – Keep records of employer’s failure to act
• Consider workplace transfer – If available and appropriate
• File formal complaint – Through appropriate government agency

How do I prove workplace harassment?

Evidence needed:

• Documentation – Written records of incidents
• Witness statements – Accounts from coworkers
• Medical records – Proof of health impacts
• Email communications – Electronic evidence
• Performance records – Showing impact on work
• Company policies – Relevant workplace rules

What compensation can I receive?

Possible compensation:

• Lost wages – Income lost due to harassment
• Pain and suffering – For emotional distress
• Medical expenses – For treatment costs
• Legal costs – For pursuing complaint
• Future income loss – If career affected
• Punitive damages – In severe cases

How long do I have to file a complaint?

Time limits vary:

• Human Rights: 1 year – From last incident
• Occupational Health: 2 years – From incident
• Civil lawsuit: 2 years – From incident
• Workplace policy: Varies – Check company rules
• May be extended – In certain circumstances
• Strict deadlines – Must be followed

What is a hostile work environment?

A workplace becomes hostile when:

• Harassment is severe – Significant impact on work
• Behavior is pervasive – Regular pattern of harassment
• Environment is intimidating – Creates fear or anxiety
• Work is affected – Impacts job performance
• Health is impacted – Causes physical or mental harm
• Reasonable person would find it hostile – Objective standard

What is sexual harassment?

Sexual harassment includes:

• Unwanted advances – Physical or verbal propositions
• Sexual comments – Inappropriate remarks or jokes
• Display of materials – Showing sexual content
• Pressure for favors – Implied or explicit demands
• Gender-based harassment – Targeting based on gender
• Creating hostile environment – Making workplace uncomfortable

How do I handle workplace bullying?

Steps to take:

• Document incidents – Keep detailed records
• Report to management – Follow proper channels
• Seek support – From coworkers or professionals
• Know your rights – Understand legal protections
• Maintain professionalism – Don’t retaliate
• Get legal advice – For serious cases

What is psychological harassment?

Psychological harassment:

• Causes emotional harm – Affects mental health
• Is persistent – Ongoing pattern of behavior
• Undermines dignity – Attacks self-worth
• Creates stress – Causes anxiety or depression
• Affects work – Impacts job performance
• May be subtle – Not always obvious

Can I be fired for reporting harassment?

Protection against retaliation:

• Illegal to retaliate – Against harassment reports
• Document any retaliation – Keep detailed records
• Report retaliation – To appropriate authorities
• Seek legal help – If retaliation occurs
• Know your rights – Understand protections
• Document everything – Keep evidence of retaliation

What is the difference between harassment and discrimination?

Harassment:

• Behavior-based – Focuses on actions
• Can be one-time – Or repeated incidents
• Creates hostile environment – Makes workplace uncomfortable
• Personal in nature – Targets individual
• May not be protected ground – Can be general bullying
• Focuses on impact – Effect on work environment

Discrimination:

• Based on protected grounds – Like race or gender
• Involves treatment – Different from others
• Affects opportunities – Limits career advancement
• Systemic possible – Can be organizational
• Always illegal – Under human rights law
• Focuses on reason – Why treated differently

How do I find a good lawyer?

Finding a lawyer:

• Check experience – Look for harassment law specialization
• Review success rate – Track record with similar cases
• Consider reputation – Standing in legal community
• Check credentials – Professional qualifications
• Interview multiple – Meet with several lawyers
• Get referrals – Ask for recommendations