New Brunswick Human Rights Commission updates guideline on sexual harassment

With sexual harassment one of the biggest topics of conversation nationally and internationally for the past year, the New Brunswick Human Rights Commission has updated its guidelines on the topic.

The guideline is intended to help people understand their rights and responsibilities under the province's Human Rights Act — as well as help eliminate discrimination that might discourage people from reporting.

"It's a worldwide issue," Nathalie Chiasson, chair of the commission, told CBC's Shift on Friday. "It's an issue, it's been there, but now it's more important to deal with it because people are coming forward.

"It's a crisis."

Targets 'intersectional discrimination'

Still, despite the progress of the #MeToo Movement, Chiasson said the commission doesn't receive many complaints.

That's concerning when up to 43 per cent of Canadian women are on, "the receiving end of unwelcome sexual advances, requests for sexual favours, or sexually-charged talk while on the job," one 2014 study states.

The same study says 12 per cent of Canadian men are in the same unwelcome situations. 

Chiasson said that people are afraid of reprisals if they do report and therefore often don't.

Other factors often complicate a situation, further discouraging people from reporting.

This is called "intersectional discrimination" and can include the person's marital status, race or gender.

"It makes them much more vulnerable," Chiasson said.

New guideline more detailed

The update should help people understand that there are structures and forums designed to help them report, and that the earlier they report, the less psychological damage there is, she said.

While one action by an individual can be considered harassment, it's often a larger behaviour problem.

"It just gets worse over time," Chiasson said.

Likewise, the provincial guideline can help employers and associations understand their role when it comes to ensuring a safe workspace.

It takes a lot of courage. I get that. And you need support, but call the commission.- Nathalie Chiasson, New Brunswick Human Rights Commission 

"Employers and associations are liable under the Human Rights Act for sexual harassment committed by their employees or representatives, if employers and associations do not exercise due diligence to prevent these incidents," the guideline's introduction reads.

Chaisson said the new guideline goes into much further detail regarding definitions and history of sexual harassment compared to the guideline it's replacing, drafted in 2011.

It has also considered all the different types of sexual harassment, Chiasson said, and laid them out.   

"We've gone through all the case law on a national basis and looked at it, integrated it and divided it into sections. The reader can follow through and find his or her issue and find ways to deal with it."

The earlier the better

If Chiasson could say one thing to someone deciding whether to report, it would that the earlier you report, the better.

The longer you wait, the worse your case becomes, Chiasson said.

"In the Human Rights Act of New Brunswick, we have Section 11, which deals with reprisal," she said. "If the person loses their job or is put out of their housing, there is a remedy involved.

"It takes a lot of courage. I get that. And you need support, but call the commission."     

With files from Shift