DOES TALKING ABOUT YOUR SEX LIFE AT WORK COUNT AS SEXUAL HARASSMENT?
Comments or conversations about one’s sexual activity are inappropriate in any workplace. You may make a complaint to your supervisor if you feel uncomfortable with your colleague’s behaviour. Otherwise, if you decide to adopt more drastic measures, if you do feel harassed, alarmed or distressed by your colleague’s discussions on said topic, you may bring a civil claim of harassment against him/her under the Protection Against Harassment Act (POHA).
Following the POHA, sexual harassment can take the form of verbal abuse or inappropriate remarks. The POHA covers both intentional and unintentional harassment; as such, it is irrelevant whether your colleague had intended to cause harassment, distress or alarm to you when he/she made the harassing statements. Your colleague risks being fined up to $5,000 for unintentional harassment and if your colleague had intentionally made the harassing statements, he/she risks suffering the fine and/or being imprisoned for up to 6 months.
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The legal information here does not constitute legal advice. You should always consult a lawyer for the professional assurance that our information, and your interpretation of it,is appropriate to your particular situation, before you commence any sort of legal action. We are not liable if you fail to do so.