What are my rights if I’m harassed at work in BC?

Workplace harassment and bullying are not tolerated in BC. Your rights, protections and complaint procedures depend on the type of harassment:

Discriminatory harassment (based on a protected ground like sex, race, disability, religion, sexual orientation, age, etc.) is prohibited under the BC Human Rights Code. You can file a complaint with the BC Human Rights Tribunal (opens in a new tab), generally within 1 year of the last incident.

Sexual harassment is treated as a form of sex discrimination under the Human Rights Code, so the same complaint process applies. If you are sexually harassed you can get free legal advice from the SHARP Workplaces clinic (opens in a new tab). See this article from Peoples Law School.

Bullying and harassment (not tied to a protected ground) is addressed through WorkSafeBC occupational health and safety requirements. Employers are legally required to have a workplace bullying and harassment policy, a reporting investigation process, and to take reasonable steps to prevent and respond to harassment. You can file a complaint with WorkSafeBC if your employer fails to meet these obligations.

Practical steps:

• Document incidents in writing (dates, details, witnesses).
• Report internally following your employer's policy, if you feel safe doing so.
• If unresolved, file a complaint with the BC Human Rights Tribunal (for discrimination-based harassment) or WorkSafeBC (for general workplace bullying/harassment).
• If harassment leads to a hostile environment forcing you to quit, you may have a claim for constructive dismissal.
• If harassment involves violence or threats, this may also be a matter for police.
  

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