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Probably the most controversial item in the Bill is the requirement for the employer to inform workers when the will be working with a person with a history of violence and the “risk of workplace violence was likely to expose the worker to physical injury.” That will require some careful decision-making by employers.The ‘harassment’ definition borrows from the Human Rights Code language: ”engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.” Notably, though, unlike the prohibition on harassment under the HRC, the harassment policy required under the OHSA would not be limited to specific grounds (like sex, age, creed, etc.). Sexual harassment can range from persistent offensive sexual jokes to inappropriate touching to posting offensive material on a bulletin board. Equal Opportunity Employment Commission (EEOC) defines workplace sexual harassment as unwelcome sexual advances or conduct of a sexual nature which unreasonably interferes with the performance of a person's job or creates an intimidating, hostile, or offensive work environment.Sexual harassment can occur in a variety of circumstances, including but not limited to the following: It is helpful for the victim to inform the harasser directly that the conduct is unwelcome and must stop.The victim should use any employer complaint mechanism or grievance system available.Of course, an employee who is the victim of harassment at work may be able to sue her employer for breach of contract or constructive dismissal, especially if the employer was aware of the harassment and failed to stop it.The new requirement to post a harassment policy must include a method for employees to report harassment.
Under the quid pro quo form of harassment, a person in authority, usually a supervisor, demands that subordinates tolerate sexual harassment as a condition of getting or keeping a job or job benefit, including promotions and raises.The law would require employers to develop and post policies on workplace violence and harassment.“Violence” is defined as the use of ‘physical force’.Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.Title VII applies to employers with 15 or more employees, including state and local governments.