Everyone has the right to equality of opportunity. Individuals are sometimes denied equality when they are subjected to harassment because of a group to which they belong. The Manitoba Human Rights Code prohibits harassment in employment, housing accommodation and the provision of services or contracts. Employers, landlords and service providers are not only legally responsible or their own acts of harassment, but may also become liable for such conduct by their employees, tenant or clients, The onus is on management to take reasonable steps to prevent harassment.

What Is Harassment?

Harassment [The Manitoba Human Rights Code, S.19(2)], is a course of abusive and unwelcome conduct or comment that is directed at individual because of a group to which the belong or appear to belong.

Different groups can be the target of harassment. Racial harassment, for example, can include racial slurs or name calling directed at a person or persons of native ancestry or of a visible minority. Repeated remarks to a female employee that she should be at home raising her children could be harassment based on sex and family status.

Harassment can occur in a variety of settings: in the workplace against employees, in the provision of housing against tenants, or in the provision of services against customers or clients. Inaction by management which is aware, or ought to be aware of harassment, could result in a human rights complaint. Harassment can also be a series of objectionable and unwelcome sexual solicitations or advances. Sexual harassment can also occur in the employment setting or in the provision of housing or services. It could be a contravention of The Code, for example if landlord made repeated and unwanted sexually suggestive remarks to a tenant, or if an employer threatened to terminate an employee for not complying with sexual demands.

Why Should You Act?

Employers, landlords and service providers are legally obligated to take reasonable steps to provide an environment free from harassment. Failure to do so can result in:

• a poisoned business environment
• loss of productivity and business
• high rate of staff or tenant turnover
• a human rights complaint
• payment of monetary compensation if the complaint is substantiated
• damage to you're reputation

Any employer, landlord or service provider should take active steps to discourage harassment in the workplace, and must do so if they are aware, or ought to be aware, that harassment is occurring in their place of business.

Take all reasonable steps to prevent harassment ...to terminate harassment once it has occurred... to mitigate or avoid the effect of harassment.
Such reasonable steps may include:

• developing internal policies to deal with harassment
• communicating these policies to all employees
• informing the harasser that the behaviour will not be tolerated and that disciplinary action or dismissal may follow if the behaviour continues
• taking disciplinary action where appropriate
• providing protection and support for the victim contacting The Manitoba Human Rights Commission for assistance