Workplace harassment is not always obvious, but it’s more common than most employees realize. Understanding what it is and what to do if you’re experiencing it is essential for protecting your well-being and your rights at work.
What Is Workplace Harassment?
Legal Definition in Alberta
In Alberta, it is defined under the Occupational Health and Safety Act. Laws relating to workplace harassment are designed to help ensure that all employees work in a safe, respectful, and inclusive environment.
It includes any unwelcome conduct, verbal, physical, or psychological, that demeans, humiliates, or threatens a person.
It may also relate to protected grounds such as race, gender, disability, or religion, which can also make it a human rights issue.
What Is Considered Workplace Harassment?
Workplace harassment can take many forms and may not always be obvious. It often involves patterns of behaviour but can also be a single serious incident that creates an unsafe or toxic work environment.
Some common examples include:
- Insulting or offensive jokes or comments
- Spreading rumours or gossip about a colleague
- Unwanted touching or physical contact
- Yelling, intimidation, or threats
- Making someone feel belittled, excluded, or targeted
This can happen in person, through email or messages, or even on social media platforms used for work communication.
Legal Protections for Employees
Human Rights Protections
In Alberta, employees are protected from workplace harassment under the Alberta Human Rights Act when it is based on protected grounds, such as:
- Race
- Gender
- Sexual orientation
- Religion
- Age
- Disability
Unwelcome conduct tied to any of these protected grounds is considered discrimination and is taken seriously under the law.
Employers have a legal duty to investigate complaints of inappropriate or harmful behaviour and take appropriate corrective action. This means responding promptly, fairly, and thoroughly to ensure the workplace is safe and respectful for everyone.
OHS Legislation Requirements
Under Alberta’s Occupational Health and Safety legislation, employers are required to maintain a harassment-free workplace. This is not just a recommendation, it is a legal obligation.
Employers must take proactive steps to prevent it by implementing:
- Clear workplace policies
- Regular training for employees and supervisors
- Accessible complaint and reporting mechanisms
- Procedures for investigating and resolving complaints
These measures are designed to create a safer work environment and support employees in coming forward without fear of retaliation.
How Harassment Affects Employees and Employers
Impact on Mental and Physical Health
These types of issues can take a serious toll on an employee’s well-being. It often leads to:
- Stress, anxiety, or depression
- Difficulty concentrating or sleeping
- Physical symptoms such as headaches or fatigue
- Increased absenteeism and sick days
- Higher turnover as employees leave to escape the toxic environment
The longer it goes unaddressed, the more severe these effects can become, both for the individual and the team around them.
Impact on the Workplace
Harassment doesn’t just affect the person being targeted, it impacts the entire workplace. MyHR, a Canadian HR platform, stresses that the effects of workplace bullying and harassment can reverberate beyond just the affected parties. Common consequences include:
- Decreased morale and team cohesion
- Lower productivity and engagement
- Legal liability for employers if complaints are not properly handled
- Damage to the company’s reputation
- Difficulty attracting and retaining top talent
A workplace that allows it to go unchecked can quickly become dysfunctional and costly.
Responding to Harassment
What Employees Can Do
If you are experiencing inappropriate or harmful behaviour at work, it’s important to take steps to protect yourself and your well-being. Here are some actions you can take:
- Document incidents with dates, times, and details
- Save any emails, messages, or other evidence
- Report the behaviour to your supervisor, manager, or HR department
- Seek guidance from a legal professional
Employers in Alberta have a legal obligation to respond to workplace complaints in a way that is fair, timely, and respectful. This includes:
- Taking all complaints seriously, regardless of who is involved
- Investigating promptly and thoroughly
- Ensuring the process is fair and confidential
- Taking corrective action where appropriate
- Protecting employees from retaliation for making a complaint
Failure to follow these steps can lead to legal and reputational consequences for the employer.
Common Myths About Workplace Harassment
“It Was Just a Joke”
Many people assume that if something was meant as a joke, it can’t be considered harassment. However, intent does not outweigh impact. If the behaviour is unwelcome and makes someone feel uncomfortable, threatened, or humiliated, it may still qualify, even if it was not meant to cause harm.
“It Has to Be Physical to Count”
Workplace harassment is not limited to physical actions. Verbal comments, written messages, gestures, and other forms of psychological or emotional harm are just as serious. In fact, many cases involve repeated verbal abuse, intimidation, or exclusion.
“Only the Target Can Report It”
These issues do not have to be reported by the person directly affected. Co-workers who witness inappropriate or harmful behaviour are encouraged to report it. Taking action helps build a safer and more respectful workplace for everyone.
Why Legal Advice Matters
Peace of Mind – Support You Can Trust
We understand how stressful workplace issues can be. We approach every case with care, honesty, and respect, so you feel confident knowing your situation is in good hands.
Clarity – Bringing Clarity to the Unknown
We simplify complex legal issues, helping you understand your rights and your situation clearly, so you know exactly what your next steps are.
Strategy – A Plan Tailored to You
We work with you to build a plan that aligns with your goals and priorities, guiding you through each stage of the process with purpose and precision.
CTA: If you’re experiencing workplace harassment or need guidance on your rights, we’re here to help.
Book a consultation with one of our Calgary employment lawyers today.
FAQs
What’s the legal definition of workplace harassment?
In Alberta, workplace harassment is any unwelcome conduct, whether verbal, physical, or psychological, that demeans, humiliates, or threatens a person. It can occur based on protected grounds like race, gender, or disability.
Do I need to prove intent to file a complaint?
No. Intent does not matter.in these cases, impact is what counts. If the behaviour is unwelcome and affects you negatively, it can still be considered harassment, regardless of the perpetrator’s intent.
Can my employer retaliate if I report harassment?
No. Employers are legally required to protect employees from retaliation. If you report any inappropriate or harmful behaviour, your employer must handle the situation fairly and confidentially, and they cannot punish you for speaking up.