By Jill Hewgill*
The holiday season is a time for celebration, and office Christmas parties are often seen as a fun way to unwind and bond with your colleagues. While holiday parties are intended to be fun, they can sometimes lead to situations where inappropriate behaviour or harassment occurs. The festive atmosphere, combined with alcohol and the departure from the usual work environment, can result in employees crossing boundaries they would not otherwise. Harassment at work Christmas parties is an issue that affects many employees' psychological safety, yet it is often underreported or ignored in the excitement of the season.
In this blog, we will explore what sexual harassment is, how to navigate holiday parties professionally, ensure your boundaries are respected, and what to do if you find yourself in an uncomfortable or harmful situation.
Harassment is not always obvious. It could be a comment that makes someone uncomfortable or behaviour that undermines the spirit of respect and inclusivity in the workplace. However, it is important to recognize that harassment, no matter how subtle or whether it was intended, can still be very harmful. Awareness of these risks can help employees proactively protect themselves and ensure a respectful workplace culture.
What is workplace sexual harassment?
The Occupational Health and Safety Act defines sexual harassment as:
• Engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or
• Making a sexual solicitation or advance where the person making it is in a position to confer, grant or deny a benefit or advancement to the worker, and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.
This definition of workplace sexual harassment reflects the prohibitions on sexual harassment and sexual solicitation found in Ontario's Human Rights Code. [1]
What Does Sexual Harassment Look Like?
Workplace sexual harassment can involve unwelcome words or actions associated with sex, sexual orientation or gender that are known or should be known to be offensive, embarrassing, humiliating or demeaning to a worker or group of workers in a workplace. It can also include behaviour that intimidates or isolates individual(s).
Workplace sexual harassment may include, but is not limited to:
• asking questions, talking, or writing about sexual activities;
• rough or vulgar humour or language related to sexuality, sexual orientation or gender;
• displaying or circulating pornography, sexual images, or offensive sexual jokes in print or electronic form;
• leering or inappropriate staring;
• invading personal space;
• unnecessary physical contact, including inappropriate touching;
• demanding hugs, dates, or sexual favours;
• making gender-related comments about someone's physical characteristics, mannerisms, or conformity to sex-role stereotypes;
• verbally abusing, threatening or taunting someone based on gender or sexual orientation; or,
• threatening to penalize or otherwise punish a worker if they refuse a sexual advance. [2]
Employers Can Be Held Liable for Employees’ Behaviour at Social Events
Harassment, whether at work or during company-sponsored events like holiday parties, is not only a personal issue but a legal one. Employers and employees should be aware that workplace harassment laws extend to all aspects of the workplace environment, including work-related social events.
Employers have a legal obligation to protect employees from harassment and discrimination. They must have policies and procedures to protect employees from sexual harassment. This includes holiday parties and other social events. These policies and procedures should be reviewed regularly to ensure they include social events and online sexual harassment. [3]
Some companies have specific policies that address behaviour at work-related events. These policies often include guidelines on acceptable conduct, alcohol consumption, and reporting harassment. Training employees to familiarize themselves with their company’s code of conduct is required by law.
What Can You Do To Prevent Harassment at Social Events?
While you may not be able to control the actions of others, there are steps you can take to ensure that personal boundaries are respected at work holiday parties. Here are a few tips to help protect yourself:
1. Maintain Clear Boundaries: Before attending the party, consider your boundaries regarding alcohol, conversation topics, and physical contact. Know what you're comfortable with and be prepared to politely assert your limits, if necessary. If you don’t want to engage in certain discussions or if someone crosses a line, it is okay to say so.
2. Monitor Your Alcohol Consumption: Drinking alcohol can lower inhibitions and lead to miscommunication or inappropriate behaviour. While it is common to enjoy a drink at holiday parties, try to moderate your consumption to one or two drinks to ensure you stay in control of your actions and that you’re able to make sound decisions.
3. Stay with Colleagues You Trust: If you are concerned about unwanted attention or uncomfortable situations, it helps to stick with colleagues who can offer support if an issue arises and serve as witnesses.
What Can You Do if You Are the Target of the Harassment?
If you find yourself the target of harassment at a holiday party, it is important to take action to protect yourself and ensure the behaviour is addressed. Here are the steps you can take if you experience or witness harassment:
1. Trust Your Feelings: If something feels wrong, trust your instincts. Whether it is an inappropriate comment, unwelcome touch, or behaviour that makes you feel uncomfortable or unsafe, it is important to recognize it for what it is. Harassment does not need to be overt or extreme to have an impact on your well-being.
2. Speak Up: If you feel comfortable, calmly and assertively address the person’s behaviour. Let them know that their actions or words are inappropriate and that they must stop. It can be difficult, but standing up for yourself in the moment can sometimes prevent further incidents.
3. Document the Incident: After the party, take notes on what happened, including details such as the date, time, location, and nature of the harassment, as well as any witnesses who may have been present. Documentation can be crucial if you decide to report the incident later.
4. Report to HR or a Manager: If the harassment continues or you do not feel comfortable confronting the person directly, it’s important to report the issue to HR or a manager. The employer must legally have policies and procedures to handle harassment complaints. Reporting the issue helps the company address it appropriately and maintains your safety and dignity. Remember, reporting harassment is not "tattling"—it is your right and responsibility to protect your workplace environment.
5. Support Others: If you witness someone else being harassed, offer your support. Let them know what you saw and that you are there for them. Be a good listener and offer to assist them in seeking care for physical/mental injuries. Sometimes, speaking up on behalf of someone else can help bring attention to the issue and reduce the feeling of isolation the victim may experience. You can encourage the person to report the incident or report it yourself.
Workers in the workplace who see a health and safety problem, including psychologically harmful behaviour, have a duty to report the situation to the employer or a supervisor. {4] That being said, it is ultimately up to the victim to decide whether or not they want to proceed with any formal complaint.
It is essential to remember that harassment of any kind is never your fault, and you have the right to enjoy social events at work without fear of mistreatment. Taking the right steps to address the situation can help ensure you and your colleagues feel safe and respected. If you encounter or witness harassment, speaking up and seeking support is vital for your well—being and fostering a respectful and inclusive workplace culture. Let’s make this holiday season a time for celebration, collaboration, and mutual respect.
If your employer fails to address the issue and you would like additional information or advice, reach out to your local Community Legal Clinic:
Algoma Community Legal Clinic
301-477 Queen Street East
Sault Ste. Marie, ON P6A 1Z5
705-942-4900/1-800-616-1109
legalclinic@algo.clcj.ca
References:
[1] Understand the Law on Workplace Violence and Harassment - https://www.ontario.ca/page/understand-law-workplace-violence-and-harassment#section-1.6
[2] Understand the Law on Workplace Violence and Harassment - https://www.ontario.ca/page/understand-law-workplace-violence-and-harassment#section-1.6
[3] Understand the Law on Workplace Violence and Harassment - https://www.ontario.ca/page/understand-law-workplace-violence-and-harassment#section-3.1 & 3.2
[4] Guide to the Occupational Health and Safety Act - https://www.ontario.ca/document/guide-occupational-health-and-safety-act/part-iii-duties-employers-and-other-persons#section-13
Disclaimer: This post contains general legal information as of November 26, 2024, that may or may not apply in a particular situation. It is important to note that the law, government policies, and available programs can change, and this blog will not be updated to reflect these changes. It is highly recommended that you seek legal advice from a lawyer.
*Jill Hewgill is a licensed paralegal at the Algoma Community Legal Clinic who is part of the SHAPE (Sexual Harassment Advice Prevention and Education) project.
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