In addition to the recourse for psychological harassment under the Labour Standards Act, pursuant to both the Civil Code and the Québec Charter, employers have an obligation to provide employees with a harassment free work environment and to deal with harassment when it occurs. The Québec Charter provides specifically that no one may harass a person on the basis of race, colour, sex, pregnancy, sexual orientation, civil status, age, religion, political convictions, language, ethnic or national origin, social condition, handicap or the use of any means to palliate a handicap.
Prohibited forms of harassment could possibly be broader than the above, since employers have an obligation to provide fair and reasonable conditions of employment which pay proper regard to the health, safety, physical well-being and dignity of their employees.
As part of their overall strategy to discourage harassment and to deal with it effectively when it occurs, employers are strongly encouraged to adopt a formal anti-harassment policy within the workplace.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
