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Workplace Harassment Lawyer

Workplace harassment is a serious issue that can have detrimental effects on someone’s well-being and work environment. It is crucial for employees to understand the legal protections and avenues available to address workplace harassment. Consulting a workplace harassment lawyer can provide you with the necessary guidance and support to navigate through the complexities of Alberta employment law and seek justice.

If you are experiencing workplace harassment, it is essential to consult with an employment lawyer who can provide legal guidance and support. The labour lawyers at DLegal have expertise in Alberta employment and labour law and can help protect your rights and ensure a safe work environment. With their precise knowledge, they can handle cases involving various forms of workplace harassment, such as sexual harassment, discrimination based on physical disability, and bias related to sexual orientation, among others.

By seeking the assistance of an employment lawyer who specializes in workplace harassment, you can navigate the legal process and work towards obtaining justice in your situation. Reach out to an experienced workplace harassment or employment lawyer at DLegal if you need assistance with your case.

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What Is Workplace Harassment?

Workplace harassment is broadly defined as any unwanted behaviour, action, or conduct that creates an intimidating, hostile, or offensive working environment. It is a violation of an individual’s rights and can have severe negative impacts on their physical and mental well-being. Workplace harassment can occur in various forms, some of which include the following.

It is important to recognise that workplace harassment is not limited to these specific forms. Any behaviour that creates an intimidating, hostile, or offensive work environment is considered workplace harassment. Addressing and preventing all forms of workplace harassment is essential for maintaining a healthy work environment where employees feel respected, safe, and valued.

SEXUAL HARASSMENT

Sexual harassment involves unwanted sexual advances, comments, requests for sexual favours, or any other conduct of an employee of a sexual nature that creates a hostile work environment. This can include explicit remarks, inappropriate jokes, unwelcome physical contact, or the display of sexually explicit materials.

PHYSICAL DISABILITY DISCRIMINATION

Physical disability discrimination occurs when someone is treated unfavorably or subjected to adverse actions based on their physical disability. This can include mocking, belittling, or offensive remarks regarding an individual or person’s disability, denying reasonable accommodations required for the individual’s well-being, or excluding them from job opportunities due to their physical limitations.

SEXUAL ORIENTATION BIAS

Sexual orientation bias refers to discrimination or harassment based on an individual’s sexual orientation. It involves derogatory comments, slurs, exclusion, or unjust treatment directed towards individuals who identify as LGBTQ+ or have a different sexual orientation than the majority. This form of harassment creates a hostile or toxic work environment, and can significantly impact the well-being and job performance of those affected.

RACIAL HARASSMENT

Racial harassment involves targeting an individual or group based on their race, ethnicity, or nationality, often through offensive slurs, stereotypes, or derogatory remarks. This form of harassment can cause emotional distress, low self-esteem, and a sense of vulnerability for those affected, leading to decreased job satisfaction and affecting teamwork and collaboration.

RELIGIOUS HARASSMENT

Religious harassment occurs when an employee is harassed because of their religious beliefs, practices, or customs. Mocking or insulting an individual’s faith or religious attire can create a hostile work environment, leading to feelings of alienation and discomfort for the targeted employee.

AGE-RELATED HARASSMENT

Age-related harassment targets an individual based on their age, either older or younger. It can manifest through age-related jokes, derogatory comments, or exclusion, leading to feelings of resentment, lowered morale, and reduced productivity.

HARASSMENT BASED ON GENDER IDENTITY

Harassment based on gender identity targets someone because of their gender identity or expression. It can include using incorrect pronouns, making derogatory remarks, or subjecting them to discriminatory treatment. Gender identity harassment can deeply affect an individual’s self-esteem and mental health, affecting their ability to work effectively and comfortably.

PSYCHOLOGICAL HARASSMENT

Psychological harassment, also known as emotional or mental harassment, involves tactics that are intended to harm an individual’s mental well-being. This can include verbal abuse, insults, humiliation, gaslighting, constant criticism, or isolating an employee from their peers.

INTIMIDATION

Intimidation is a form of workplace harassment that involves using threats, fear, or coercion to harass or control an employee. It can manifest through aggressive behaviour, shouting, or physical gestures that make the victim feel unsafe or uncomfortable at work. 

MOBBING

Mobbing is a particularly harmful form of workplace harassment where a group of individuals collectively engage in bullying or harassing one person. The victim is consistently targeted by multiple colleagues, leading to emotional and psychological distress. This form of harassment can be challenging to address, as it involves a group dynamic that may be difficult to confront.

BULLYING

Bullying in the workplace entails repeated aggressive or demeaning behaviour intended to intimidate, undermine, or harm an individual psychologically or emotionally. It can include things like spreading rumours, social exclusion, public humiliation, or sabotaging the victim’s work. 

CYBER HARASSMENT

Cyber harassment, also known as online harassment, occurs when an employee is subjected to harassment through electronic means, such as emails, social media, or other digital platforms. Cyber harassment can take various forms, including offensive messages, threats, cyberbullying, or sharing private or embarrassing information online.

This form of harassment can be particularly distressing, as it invades the victim’s personal space and follows them outside of the workplace, impacting their mental health and well-being.

Filing a Harassment Complaint

If you are experiencing workplace harassment, it’s important to take action by filing a harassment complaint with the appropriate authority within the organization. To file a complaint, you need to follow certain steps. An employment lawyer can assist you in navigating these steps.

GATHER EVIDENCE

Collect and organize all relevant evidence related to the harassment incidents. This includes dates, times, locations, descriptions, and any supporting documentation such as emails, text messages, or witness statements. The more evidence you have, the stronger your case will be.

REVIEW COMPANY POLICIES

Familiarise yourself with your employer’s harassment policies and procedures. Understand the reporting process, including whom to contact, whether it’s a supervisor, human resources department, or a designated harassment contact.

REPORT THE HARASSMENT

Follow your company’s reporting procedures and submit a formal written complaint detailing the incidents of verbal abuse or harassment. Be specific and provide as much information as possible. Keep a copy of your complaint for your records.

MAINTAIN CONFIDENTIALITY

It’s important to keep the details of your complaint confidential, sharing them only with individuals who need to be aware, such as the appropriate contacts within your organization, legal counsel, or regulatory bodies.

DOCUMENT ALL INTERACTIONS

Keep a record of all interactions related to your complaint, including dates, times, and summaries of conversations or meetings with your employer, human resources, or any other relevant parties. This documentation can serve as evidence of your efforts to address the issue.

SEEK LEGAL ADVICE

Consider consulting an employment lawyer who can provide guidance and help you understand your rights and legal options. They can assist you in navigating the process, advising on the best course of action, and representing your interests if necessary.

FILE A COMPLAINT WITH REGULATORY BODIES

If your complaint is not adequately addressed by your employer or if the harassment is based on a protected characteristic covered by human rights legislation, you may file a complaint with the Alberta Human Rights Commission or the Alberta Labour Relations Board. Consult with a workplace harassment lawyer to assist you with the process and ensure compliance with your employment policies and regulatory requirements.

COOPERATE IN WORKPLACE INVESTIGATIONS

If your employer or a regulatory body launches an investigation, cooperate fully by providing all relevant information, evidence, and witness testimonies. Maintain open communication with investigators and follow any instructions provided.

Remember, the process of filing a harassment complaint may vary depending on your specific circumstances, employment issues, and the policies and regulations in place. It is advisable to consult a workplace harassment lawyer who can guide you through the process, protect your rights, and advocate on your behalf.

Wrongful Dismissal and Constructive Dismissal

In some cases, wrongful and constructive dismissals may become intertwined with workplace harassment and its reporting.

WRONGFUL DISMISSAL

Wrongful dismissal occurs when an employer terminates an employee without just cause or fails to provide reasonable notice or severance pay as required by employment standards. If an employer terminates an employee in retaliation for reporting harassment or resisting the harasser, the termination can be considered retaliatory and a violation of the employee’s rights.

CONSTRUCTIVE DISMISSAL

Constructive dismissal refers to situations where an employer makes fundamental changes to the terms and conditions of an employment contract that substantially alter the employment relationship, forcing the employee to resign. Workplace harassment can arise if the changes implemented by the employer are a result of harassment or if the hostile work environment created by harassment makes continued employment intolerable for the employee.

When To Consult a Workplace Harassment Lawyer

PERSISTENT OR SEVERE HARASSMENT

If you are experiencing persistent or severe harassment despite reporting it to your employer or following internal procedures, consulting a workplace harassment lawyer can help you understand your legal options and rights.

INADEQUATE EMPLOYER RESPONSE

If your employer fails to address the harassment appropriately or takes insufficient action, a workplace harassment lawyer can guide you on how to escalate the matter and ensure your rights are protected.

RETALIATION

If you face retaliation, wrongful dismissal, or adverse consequences, such as demotion, termination, or negative performance evaluations, as a result of reporting harassment or participating in an investigation, it is crucial to consult a workplace harassment lawyer. They can help you navigate wrongful termination or retaliation and compensation claims.

COMPLEX CASES

If your case involves complex legal issues, such as intersectionality with human rights laws, or if it requires understanding specific provisions of Alberta employment law, seeking legal advice from a law firm with a workplace harassment lawyer can provide valuable expertise.

FILING COMPLAINTS WITH REGULATORY BODIES

If you decide to file a complaint with regulatory bodies such as the Alberta Human Rights Commission or the Alberta Labour Relations Board, a workplace harassment lawyer can assist you in understanding the process, gathering evidence, and representing your interests effectively.

Choose The Right Workplace Harassment Lawyer

If you are a victim of workplace harassment and considering taking legal action, such as filing a lawsuit for damages related to workplace harassment, consult the workplace harassment lawyers at DLegal.

We are experienced Calgary employment lawyers with an in-depth understanding of Alberta employment law. We will guide you through the legal process, provide representation, and advocate for your rights.

We also provide legal support to employers. So, if you are facing a harassment complaint against your business, contact our team. Our lawyers with experience in employment law are here to help you.

Lawyer & Notary
Anna Dunaeva

Anna perpetually works to surpass her clients' expectations. Through continuous communication, Anna delivers on her commitment to keep clients at the centre of her practice.

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