Harassment at work

The Alberta Human Rights Act prohibits harassment and bullying at work based on one or more protected grounds.
Abstract collection of circles, half, and quarter circles relating to the dot in the Commission logo. Elements are one of two blue colours or a cheery orange.

What does the Alberta Human Rights Act say about harassment and bullying at work?

Harassment is unwanted or unwelcome verbal or physical conduct. It may be one serious incident or a series of incidents. It is a form of discrimination under the Alberta Human Rights Act if it is based on one or more protected grounds and in one or more protected areas, including at work. Sometimes harassment is called bullying. Sexual harassment is a form of harassment that is sexual in nature. It is based on the protected ground of gender.

Read the Harassment page to learn more about harassment generally.

What you need to know

  • The harasser could be a boss, co-worker, client, or anyone else at a worksite.
  • Harassment can occur regardless of what the harasser intended.
  • If they feel safe and comfortable doing so, a person experiencing harassment at work can let the harasser know the behaviour is unwelcome.
  • If applicable, a person experiencing harassment at work should follow any workplace policies about reporting harassment or report it to their trade union or occupational association.
  • Harassment at work is discrimination under the Act if it is based on one or more protected grounds.
  • An employer taking reasonable actions to manage and direct employees (such as performance coaching) is not harassment.
  • An employee can make a complaint to the Commission against their employer. It must be made within one year of the harassment.

Examples of harassment at work

Harassment at work is discrimination and prohibited by the Act if it is based on one or more protected grounds and leads to a negative effect for the employee.

Some examples of harassment at work that is discrimination under the Act include:

  • An employee taunts their co-worker for wearing a hijab and calls them derogatory names based on their religious beliefs.
  • A manager makes jokes about an employee’s sexual orientation and then tells the employee to ‘lighten up’ when they do not laugh along. This is discrimination if the person receiving the harassment experiences a negative effect, such as not feeling comfortable and safe at work.
  • A supervisor questions an employee’s ability to do their job because of their disability and refuses to promote the employee because of it. This is discrimination as the employee experienced a negative effect of not getting a promotion.

Behaviour acceptable to both people involved, such as mutual flirting or joking, is not harassment. An employer taking reasonable actions to manage and direct employees, such as performance coaching, is also not harassment.

Harassment or bullying in the workplace is not acceptable even if the Act does not cover it.

Sexual harassment

Sexual harassment is unwelcome or unwanted behaviour that is sexual in nature. It is a form of discrimination based on the protected ground of gender. Sexual harassment may sometimes, but not always, be an attempt by one person to exert power over another person.

Sexual harassment can take many forms, from subtle to obvious. Examples of sexual harassment include:

  • suggestive remarks, jokes, or invitations
  • verbal abuse
  • comments about physical appearance
  • sharing suggestive sexual images
  • leering or whistling
  • touching, patting, rubbing, or other unwanted physical contact
  • outright demands for sexual favours
  • physical or sexual assault

Employers responding to harassment

Employers must create a safe and healthy workplace free from harassment. Harassment can take many forms, and some behaviours may seem innocent or not harmful. However, the law looks at the effect of the harassment on the person receiving it, not what the harasser intended.

Employers should promptly and seriously respond to all harassment incidents. This includes investigating concerns and taking appropriate action. Having and enforcing a harassment prevention policy shows an employer does not tolerate harassment. The policy should also set out a process for reporting and responding to harassment.

When the harassment is discrimination under the Act, an employee can make a human rights complaint against their employer for failing to maintain a safe workplace. An employer cannot retaliate against an employee who reports or makes a complaint to the Commission about harassment.

Employers also have obligations under Alberta’s occupational health and safety laws. Harassment and violence are workplace hazards, meaning employers must take steps to prevent and address harassment in the workplace. Contact Alberta’s Occupational Health and Safety office for more information.

Read the Responding to discrimination page to learn more.

Employees responding to harassment

A person experiencing harassment can take many steps. It is up to the employee to decide how to respond to or report the harassment.

  • If the employee feels safe and comfortable doing so, they can tell the harasser to stop.
  • If their employer has a harassment prevention or reporting policy, the employee should review the policy and follow the process for reporting concerns.
  • If the employee is part of a trade union or occupational association, they can report their concerns to their representative. Their collective agreement may outline a dispute resolution process.
  • The employee can contact the Commission to discuss their concerns and make a complaint against their employer. A person experiencing harassment must make a complaint to the Commission within one year of the harassment occurring.
  • The employee can choose to do nothing.

Read the Responding to discrimination page to learn more.

FAQs

No. To be discrimination, the hate, racism, harassment, or bullying must:

  • be based on one or more protected grounds,
  • occur in a protected area (such as employment, housing, or goods and services), and
  • lead to a negative effect.

For example, discrimination occurs if someone is refused a job, promotion, or training opportunity because of their religious beliefs or any other protected ground.

Section 3 of the Act also covers statements, publications, notices, signs, symbols, emblems, or other representations that indicate discrimination or an intention to discriminate again a person or class of person or are likely to expose a person or class of persons to hatred or contempt because of any of the protected grounds. Read the Section 3 page to learn more about this area.

The Commission can only deal with hate or racism that is protected under the Act. Some examples include:

  • If someone at work says hateful things to you because you have different political views, this is not discrimination under the Act.
  • If your neighbour makes a racist and hurtful comment towards you, this is not discrimination under the Act because conversations between neighbours are not protected.
  • If someone at work harasses you because you have different political views, this is not discrimination under the Act, as political views are not a protected ground.
  • If someone publicly distributes a flyer that has hateful comments about a particular group.

Hate, racism, harassment, and bullying are not acceptable, even if the Act does not cover it.

Playing

Sexual harassment is unwelcome or unwanted behaviour that is sexual in nature. It is a form of discrimination based on the protected ground of gender. Sexual harassment may sometimes, but not always, be an attempt by one person to exert power over another person. The harassment may have a negative effect for the person experiencing the harassment, regardless of what the harasser intended.

Sexual harassment can take many forms, from very subtle to very obvious. Examples of sexual harassment include:

  • suggestive remarks, jokes, or invitations
  • comments about physical appearance
  • sharing suggestive sexual images
  • leering or whistling
  • patting, rubbing, or other unwanted physical contact
  • outright demands for sexual favours
  • verbal abuse
  • physical assault

The most serious form of sexual harassment is sexual assault – sexual contact without voluntary consent. This may be criminal in nature and you may contact the police.

Learn more on the Government of Alberta's Alberta Learning Information Site on sexual harassment and what you need to know.

Playing

Canada's Criminal Code describes the offence of criminal harassment. A person commits this offence if they engage in conduct that causes another person to fear for their safety or the safety of anyone they know. Harassing conduct includes doing any of the following to another person:

  • repeatedly following them from place to place
  • repeatedly communicating, directly or indirectly, with them
  • being at or watching the place they live, work, or happen to be

The standard for a criminal offence is high. Based on the evidence, the judge must believe the person committed the crime beyond a reasonable doubt. Even if the behaviour is not criminal, it does not necessarily mean the behavior is acceptable.

Playing

A workplace or other organization can create a harassment prevention policy to deal with harassment complaints internally.

A harassment prevention policy usually includes the following information:

  • purpose of the policy (such as having zero tolerance for harassment)
  • who the policy applies to
  • definitions of terms used in the policy, including harassment
  • roles of management and non-management employees
  • process for making and dealing with complaints, including disciplinary action

Harassment prevention policies should include the grounds and areas covered under the Alberta Human Rights Act.

Watch the Commission's Effective Harassment Prevention Policy for the Workplace video to learn more.

Playing

If you make a human rights complaint, the Commission follows a process to decide whether to accept the complaint. If the Commission accepts the complaint, there is a process to try to resolve the issue. If the issue does not resolve, the Director of the Commission will make a decision to either dismiss the complaint or refer it to the Tribunal for resolution. Learn more about the complaint process and the Tribunal process.

Playing

Some incidents are discrimination. The Act prohibits discrimination that occurs in a protected area and is based on one or more protected grounds. If you have experienced, witnessed, or are part of a workplace or organization responding to a complaint of discrimination, learn more by reading the Responding to discrimination page. You can also make a complaint to the Commission within one year of the discrimination occurring.

Hate and harassment that is criminal in nature is protected under Canada’s Criminal Code. You can contact the police, Victims’ Services, or Crime Stoppers to report your concerns. The police decide if they have enough evidence to lay charges and the Crown prosecutors bring the offence to court.

Other incidents may not be discrimination under the Act, a hate crime, or criminal. This behaviour is still not okay. Contact an anti-hate agency to report your concerns and receive support. Examples include StopHateAB, Act2endracism (to report hate and racism against people of Asian descent), the Anti-hate Hotline (to report an anti-Semitic incident), and the RCMP's Online Crime Reporting portal. You can also contact 211 Alberta to find local supports.

Playing

Employers are responsible for their employees’ actions in a case of harassment. An employer may discipline the employee, but the employer is ultimately responsible for a safe workplace.

Employers must respond quickly and diligently to human rights issues at work. Read our Responding to discrimination page to learn more.

Employers can implement a harassment prevention policy. Beyond just having a policy, the employer must tell employees about the policy and enforce it. This includes taking prompt and proper action to address complaints. Employers who have and enforce a policy may decrease their liability if an employee makes a human rights complaint against them.

Aside from harassment policies, businesses will benefit from human rights education in the workplace. Creating a respectful work culture where harassment is not tolerated and people feel safe to report workplace issues improves the entire organization.

Learn more about: