Workplace Harassment in B.C.: Employee Rights

Definition of Workplace Harassment in British Columbia

In B.C., workplace harassment means any unwanted actions, comments, or signs that make someone feel uncomfortable, scared, or threatened at work. This definition is backed by legislation in both the Workers Compensation Act and the B.C. Human Rights Code. Whether it’s coming from a supervisor, a coworker, or even a client, any negative behaviour that makes an employee feel unsafe or undervalued counts as harassment, and is illegal.

Watch the video below from the Employment Law Show and read on to learn more about workplace harassment and your rights as a non-unionized employee in B.C.

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Workplace Harassment Laws in B.C.

In British Columbia, workplace harassment is taken seriously and is governed by pivotal pieces of legislation: the Workers Compensation Act (via WorkSafeBC policies) and the B.C. Human Rights Code. These laws are designed to protect employees from harassment and discrimination, ensuring that all workplaces are safe and inclusive environments.

Workers Compensation Act and WorkSafeBC

Under the policies set by WorkSafeBC, which interprets the Workers Compensation Act, it’s mandatory for employers to:

• Ensure a Safe and Healthy Workplace: This involves working closely with employees to identify and manage risks, aiming to preemptively address and resolve potential workplace concerns.
• Create and Enforce Anti-Harassment Measures: Employers must craft comprehensive policies that are accessible to all employees. These policies should:
  • Detail how employees can report harassment safely and confidentially.
  • Outline unbiased investigation steps for harassment reports.
  • Describe the maintenance of records and reports.
  • Ensure all parties are informed about investigation results and any actions taken.

British Columbia Human Rights Code

The B.C. Human Rights Code offers protection from workplace harassment based on protected grounds, including but not limited to:

While WorkSafeBC’s policies address a broad spectrum of harassment issues, the B.C. Human Rights Code specifically targets harassment that violates an individual’s human rights, ensuring:

• The Right to a Discrimination-Free Workplace: All employees deserve to work in an environment that promotes equality and respect.
• Protection Against Discrimination: The Code underscores the importance of protecting employees from discrimination on any of the aforementioned grounds.

Together, WorkSafeBC’s interpretation of the Workers Compensation Act and the B.C. Human Rights Code create a comprehensive legal framework aimed at protecting workers from workplace harassment. By adhering to these laws, employers in British Columbia can create and maintain work environments where respect, safety, and inclusivity are paramount.

SEE ALSO
• What constitutes discrimination in a B.C. workplace?

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Examples of Workplace Harassment in B.C.

Workplace harassment comes in many shapes and can happen to anyone, no matter where they work or what they do. Here are the most common types:

• Verbal Harassment: Includes insults, jokes, teasing, or comments that demean a person based on personal characteristics (race, gender, religion, sexual orientation, or disability) or their work. It can happen in conversations, meetings, phone calls, texts and emails.
• Social Harassment: Also known as mobbing, involves excluding or isolating a person in the workplace.
• Physical Harassment: Physical harassment involves any unwelcome physical contact, from light taps to more serious acts like pushing or hitting. It also includes threatening gestures that make the workplace feel unsafe or hostile.
• Psychological Harassment: Actions or comments that affect an employee’s psychological well-being, including threats or intimidation.
• Sexual Harassment: A form of harassment that includes unwanted touching, suggestive remarks, inappropriate jokes, or showing explicit materials. Anyone can face sexual harassment, no matter their gender, and it can come from coworkers, bosses, or clients.
• Racial Harassment: Comments, jokes, or actions that demean someone based on race, ethnicity, or nationality.
• Online Harassment or Cyberbullying: With more people communicating online, cyberbullying in the workplace is on the rise. It can happen through threatening emails, negative comments on social media, online shaming, or spreading rumours online. Cyberbullying extends workplace harassment beyond office hours and spaces, impacting individuals’ private lives.

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What is NOT Considered Workplace Harassment?

In B.C., not all difficult situations or interactions in the workplace are classified as harassment. Here’s what is generally NOT considered workplace harassment:

• Constructive Feedback or Performance Reviews: Honest, constructive feedback about work performance or work-related behaviour is not harassment. This includes performance evaluations or disciplinary actions taken for legitimate reasons.
• Reasonable Management Actions: Decisions made by managers or supervisors regarding job duties, workload, deadlines, and disciplinary actions, when carried out in a fair and respectful manner, do not constitute harassment.
• Normal Workplace Conflicts: Occasional disagreements or differences of opinion between colleagues or between employees and management are part of working life and are not seen as harassment, as long as they are addressed respectfully and professionally.
• Social Interactions: Friendly banter or social interactions that are mutual and welcome among employees are not harassment. The key is that these interactions are respectful and consensual.

Understanding what doesn’t count as workplace harassment can help clarify the boundaries between acceptable and unacceptable behaviour.

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Who Experiences Harassment in the Workplace?

Harassment in the workplace can affect everyone, such as:

• Workers
• Supervisors, managers, and bosses
• Customers

You don’t have to be the direct target to feel the impact. Witnessing harassment can create a hostile or intimidating environment for all.

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Effects of Workplace Harassment

Workplace harassment can lead to stress that impacts both the body and mind. Common effects are:

• Trouble sleeping
• Loss of appetite
• Digestive problems
• Headaches or migraines
• Depression
• Anxiety
• Alcohol or drug abuse
• Difficulty concentrating
• Drop in productivity

This stress can also strain family relationships, showing how bullying at work can ripple out and affect personal lives.

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How to Respond to Workplace Harassment in B.C.

Facing workplace harassment is a difficult situation, but being informed about how to effectively respond is key to protecting your well-being and career advancement. Here’s a tailored guide for non-unionized employees in B.C.:

• Recognize Harassment: Understand that workplace harassment encompasses a wide range of behaviours. This includes offensive jokes, bullying, sexual harassment, or discrimination based on gender identity, race, and other protected grounds under the B.C. Human Rights Code.
• Document Everything: Keep a detailed record of harassment incidents, noting dates, times, specifics, and any witnesses. Include emails, texts and any other form of evidence that can back up your claims.
• Review Workplace Policies: Familiarize yourself with your company’s harassment policy found in the employee handbook or internal website to understand the official procedure for addressing harassment.
• Report the Harassment: Consider talking to your supervisor, HR department, or another designated official at your workplace, as per your company’s policy. These discussions should be confidential, offering a safer space to voice your concerns.
• Take Care of Yourself: Seek support from mental health professionals or employee assistance programs to address the emotional impact of harassment.
• Reach Out to WorkSafeBC: If your employer isn’t fulfilling their responsibilities, such as not having a proper harassment policy or failing to conduct a fair investigation, you can contact WorkSafeBC for guidance and support.
• File a Complaint with the B.C. Human Rights Tribunal: If the harassment involves discrimination on protected grounds, consider filing a complaint with the B.C. Human Rights Tribunal.
• Consult an Employment Lawyer: If you experience persistent or severe harassment, consult with an employment lawyer at Samfiru Tumarkin LLP before contacting WorkSafeBC or the B.C. Human Rights Tribunal. Our experienced lawyers can provide personalized advice on the best course of action, and ensure you understand your rights and options.

Remember, no one should face workplace harassment alone. Taking these steps can help you navigate through a difficult time with confidence.

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How Can I Prove Workplace Harassment?

Proving harassment in the workplace can be challenging, but it’s not impossible. You can build your case by taking these steps:

• Keep a Detailed Record of All Incidents: This includes dates, times, and witnesses.
• Collect Relevant Documents: Any relevant emails, messages, or files that support your case.
• Note Your Actions: It’s helpful to note any steps you’ve taken to report the issue and the response from your employer.

This evidence will be crucial in building a strong case if you decide to file a complaint or take legal action.

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Employer Obligations for B.C. Workplace Harassment

In British Columbia, employers have specific legal obligations to prevent and address workplace harassment. These duties are designed to ensure a safe and respectful work environment for all employees. Here are the key responsibilities employers must fulfill:

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Constructive Dismissal and Harassment at Work

Facing harassment at work isn’t just a personal challenge; it’s a legal issue that can significantly impact your career and well-being. In B.C., if workplace harassment reaches a point where you feel forced to leave your job, it may constitute what’s known as “constructive dismissal.“ This concept is crucial for employees to understand, as it offers a pathway to seek recourse and compensation under employment law.

What is Constructive Dismissal?

Constructive dismissal in B.C. occurs when an employer makes a significant change to the terms of your employment without your consent or if your workplace becomes intolerable due to harassment or other negative behaviours. This doesn’t mean you’ve been formally fired. Instead, the actions or inactions of your employer push you to resign. It’s as if you’ve been dismissed or terminated without cause because staying becomes unbearable.

Workplace harassment that leads to constructive dismissal can include:

• Persistent bullying or intimidation.
• Ongoing and unresolved sexual harassment.
• Discrimination based on gender, race, disability, or other protected characteristics.
• A toxic work environment that your employer fails to address.

Your Rights and Next Steps

Before you resign due to these circumstances, it’s vital to know that you might have the right to seek compensation as though you were wrongfully dismissed. Here’s what you should consider:

• Documentation: Keep detailed records of the harassment incidents, including dates, times, and witnesses. This information will be crucial for your case.
• Company Policies: Review your employer’s harassment and complaint policies. Following the outlined steps can be important, even if you end up resigning due to unresolved issues.
• Legal Advice: Before making any decisions, consult with an employment lawyer at Samfiru Tumarkin LLP. We can guide you through the complexities of proving constructive dismissal and help you understand your rights, including full severance pay.

At Samfiru Tumarkin LLP, we specialize in employment law and have extensive experience assisting employees who’ve faced harassment and constructive dismissal. If you believe you’ve been forced out of your job due to intolerable workplace conditions, contact us. Our team can assess your situation, guide you on how to proceed, and represent you in seeking the compensation you deserve.

Remember, no one should have to endure a hostile work environment. Understanding your rights is the first step toward resolving the situation and moving forward.

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Can I Be Fired For Reporting Workplace Harassment in B.C.?

No. In B.C., it is illegal for an employer to terminate an employee, with or without cause, for reporting workplace harassment. Such inappropriate responses by an employer, known as reprisals or retaliation, are prohibited. Employers are also forbidden from demoting, suspending, cutting pay, or making any adverse changes to an employee’s job conditions in response to employees exercising their workplace rights. These actions are considered violations of human rights.

If you have been fired for addressing harassment in the workplace, you may have grounds for a wrongful dismissal claim and should contact our B.C. employment law team immediately.

Do not accept any severance offer, termination papers, or exit agreement from your employer, even if they come with a deadline. These deadlines are pressure tactics used to push you into accepting inadequate compensation. Once you sign and return these documents, you forfeit your ability to negotiate a fair and proper severance package.

Calculating Severance

Calculating a severance package in B.C. involves multiple factors, including:

• Age
• Length of service
• Position at the company
• Commission
• Benefits
• Ability to find similar work

To figure out how much compensation you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their entitlements.

If your company’s offer falls short of what our Severance Pay Calculator says you are owed, it’s very likely that you have been wrongfully dismissed and should take legal action. In B.C., your severance package can be as much as 24 months’ pay.

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B.C. Workplace Harassment Lawyers: How We Can Help

Samfiru Tumarkin LLP’s team of B.C. workplace harassment lawyers offers expert guidance on your rights and options if you’ve experienced harassment at work. We assist non-unionized employees in determining if they have been victims of harassment or discrimination, advising on how to respond, and assessing if they have been constructively dismissed. Consulting with a lawyer at our respected firm ensures your rights are protected and that you receive the justice you deserve.

Our solid track record and dedicated approach make us a top choice for workplace harassment cases in British Columbia. Recognized as a highly regarded and extensively reviewed law firm, we deliver successful outcomes for employees facing these challenges. Partnering with us guarantees steadfast legal support, focused on securing your rightful severance and ensuring justice in the workplace.

Comprehensive Employment Law Services for B.C. Employees

In addition to severance package negotiations, we have experience securing solutions for the following employment matters:

If you are a non-unionized employee in B.C. (or Alberta and Ontario) who needs help with a human rights issue, contact us or call 1-855-821-5900 to get the advice you need, and the compensation you deserve.