It’s about that time again. First, I mustache you a question….
Inktober! Day 1: Mustache
Originally I was going to do just a Tom Selleck. And then my sketch was such that it was quite clear this was a lion version of Tom. Like, think: totally Magnum PI vibes, but a cat. Think Cat from Red Dwarf, but instead of a gay black man cat, it’s Tom Selleck. Possibly the lion version of Tom as the cowardly lion. A mashup of red dwarf Cat, Tom, and Cowardly. And a dash of Ron Perlman’s Beast, from Beauty and…
It often disturbs me to consider how many people are sexually assaulted in the workplace without knowing how to tell whether or not it counts.
So… if it felt awful but you weren’t sure it crossed the line, here’s a quick and dirty reference for how judges actually decide whether something legally qualifies as sexual harassment in Canada.
1. Was it based on sex, sexual orientation, gender identity, or gender expression?
Sex – How someone is treated because they’re perceived as male or female. Ex: A woman is told to wear makeup and shorter skirts to “look more professional.”
Sexual orientation – Comments or actions targeting someone for being (or being assumed to be) gay, lesbian, bisexual, etc. Ex: A man is repeatedly called “princess” and asked if he’s “even into girls” at work.
Gender identity – How someone internally identifies whether or not it aligns with their assigned sex at birth. Ex: A group of men sexually harass a trans woman by asking her questions about her gender and using anti-trans slurs.
Gender expression – How someone presents their gender through clothing, voice, or behaviour. Ex: A nonbinary person is mocked for wearing nail polish and told they’re “confusing everyone.”
To count as harassment under the law, the behaviour must be connected to one of these four protected grounds.
2. Was it unwelcome?
If it left you feeling shocked, unsafe, humiliated, or gross, that counts, even if you didn’t stop it. Ex: A coworker shows you a sexually explicit meme. You laugh awkwardly but feel sick about it for days. The test is your emotional reaction, not whether you made a scene.
3. Would a reasonable person find it unacceptable?
Would someone else in your shoes also think this went too far? Not a “perfect victim.” Just a hypothetical someone with basic self-respect. Ex: Your boss sends you a porn clip “as a joke.”. Or a colleague keeps commentsing on your body, even after you go silent.
4. Did it happen more than once?
Usually, it has to be repeated. But one serious incident can qualify on its own. Ex: A supervisor implies you won’t advance unless you go for drinks alone with him; or a coworker gropes you at a work event, once, but it’s enough.
***Please remember this isn’t meant to be legal advice.
Just hoping to provide a clear and basic sense of what courts really look for (as opposed to what HR might tell you in a stupid PowerPoint) so you might gain your footing as you consider what to do next. Stay safe and sound out there!
