Course
In most cases, behavior must be repeated more than once in order to be considered harassment. Courts and tribunals have in some cases ruled that only one incident is sufficient to constitute harassment where the behavior complained of is so egregious and so far beyond the scope of what is considered acceptable in our society that the person ought to have known it would be unwelcome even before the first incident of the behaviour.
Vexatious
This word has been defined as meaning without reasonable cause or excuse. Behavior may be considered vexatious if there is no legitimate purpose behind it. As a result, showing racist posters for an academic purpose in a history, sociology or similar course at a university would not be considered harassment since the showing of such materials has a legitimate purpose; hanging the same posters in a workplace might be considered harassment.
Comment or Conduct
These two terms are designed to include in the definition all possible types of behavior, whether verbal, physical or other. Words can be harassing but so can physical actions like intimidating gestures or the posting or circulation of offensive cartoons or e-mails.
Known
If the person accused of harassment subjectively knew that his or her behavoiur would be unwelcome, then it falls under the definition.
Ought reasonably to be known
This clause creates an objective standard. If the person claims that he or she had no idea that the behaviour would be unwelcome, but a reasonable person in the circumstances would have known, then it also falls under the definition. This clause is designed to ensure that people can be held accountable for harassing behaviours even when they have willfully or negligently ignored indications that the behaviour is unwelcome. It also ensures that a person who is the target of harassment is not required to state clearly and unequivocably that the behaviour is unwelcome. In many situations, the power relationship between the two parties is so unequal that the target simply cannot stand up against the harassment for fear of reprisal — being fired from a job, being failed from a course, being assaulted, and many other such repercussions.
Unwelcome
What is and is not harassment is defined according to the viewpoint of the target — what is acceptable behaviour to one person may not be acceptable to another. It is important to note that harassment can be found even if the person at whom the behaviour is directly targeted does not find it to be unwelcome but someone else who is exposed or affected by the behaviour does find it unwelcome. Thus, racist comments made to one person who is not bothered by them might still be harassment if they are overheard by another person who is bothered by them.
Harassment that is based on one of the human rights grounds is a type of discrimination.
Examples
- Threats, intimidation, or verbal abuse
- Unwelcome remarks or jokes about subjects like your race, religion, disability or age
- Displaying sexist, racist or other offensive pictures or posters
- Sexually suggestive remarks or gestures
- Inappropriate physical contact, such as touching, patting, pinching or punching
- Physical assault, including sexual assault