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107: Definition of union membership status or involvement in union activities for purposes of section 104
or “Explanation of what counts as being involved with unions or being a union member when looking at unfair treatment at work”

You could also call this:

“Unwanted sexual behaviour at work that makes you feel uncomfortable or affects your job”

Sexual harassment at work happens when your employer or someone representing your employer does certain things. They might ask you for sexual activities, like intercourse or touching, while hinting that you’ll get better treatment at work if you agree, or worse treatment if you don’t. They might even suggest your job is at risk if you refuse.

Sexual harassment can also occur when your employer or their representative uses sexual words, shows sexual pictures, or does sexual things that make you feel uncomfortable. Even if you don’t tell them it’s bothering you, if it keeps happening and affects how well you can do your job or how you feel at work, it’s still considered harassment.

You can also be sexually harassed by your co-workers or even customers. If this happens, there are rules about how your employer should handle it, which are explained in section 117 of this law.

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Next up: 108A: Adverse treatment in employment of people affected by family violence

or “Employers can't treat you unfairly at work if you've been affected by family violence”

Part 9 Personal grievances, disputes, and enforcement
Personal grievances

108Sexual harassment

  1. For the purposes of sections 103(1)(d) and 123(d), an employee is sexually harassed in that employee's employment if that employee's employer or a representative of that employer—

  2. directly or indirectly makes a request of that employee for sexual intercourse, sexual contact, or other form of sexual activity that contains—
    1. an implied or overt promise of preferential treatment in that employee's employment; or
      1. an implied or overt threat of detrimental treatment in that employee's employment; or
        1. an implied or overt threat about the present or future employment status of that employee; or
        2. by—directly or indirectly subjects the employee to behaviour that is unwelcome or offensive to that employee (whether or not that is conveyed to the employer or representative) and that, either by its nature or through repetition, has a detrimental effect on that employee's employment, job performance, or job satisfaction.
          1. the use of language (whether written or spoken) of a sexual nature; or
            1. the use of visual material of a sexual nature; or
              1. physical behaviour of a sexual nature,—
              2. For the purposes of sections 103(1)(d) and 123(d), an employee is also sexually harassed in that employee's employment (whether by a co-employee or by a client or customer of the employer), if the circumstances described in section 117 have occurred.

              Compare
              • 1991 No 22 s 29