Whitehorse Daily Star

Clinic gives advice on workplace sexual harassment

The Yukon Legal Services Society, with funding from Justice Canada, has opened a new clinic providing free and confidential legal advice and information related to workplace sexual harassment.

By Whitehorse Star on October 27, 2021

The Yukon Legal Services Society, with funding from Justice Canada, has opened a new clinic providing free and confidential legal advice and information related to workplace sexual harassment.

The clinic, staffed by a senior lawyer, can provide legal advice up to the point of litigation to those who believe they may have been sexually harassed in the workplace or may have witnessed harassment.

It can also provide more general legal advice, information and resources relating to the law to those who wish to ensure that their workplace is a sexual harassment free zone.

The clinic is also available to provide general legal education on the issue, and anticipates providing materials and making presentations to the public.

“We welcome the opportunity to partner with other organizations with similar mandates in providing public legal education and information,” the clinic said in a statement Tuesday.

It’s located in the Tutshi Building at #103-2131 Second Ave.

Staff will be available to meet on Mondays, Wednesdays, and on Friday mornings, for either in-person or remote interviews with clients seeking legal advice on workplace sexual harassment issues.

Appointments can be made by contacting Lesley McCullough at lmccullough@legalaid.yk.ca or by phoning 393-6219.

Clinic staff will also be visiting Yukon communities outside of Whitehorse on a monthly basis beginning in December, with Carcross likely the first destination. A schedule of monthly community visits will be posted shortly.

Sexual harassment refers to a pattern – and in some severe cases, a single incident – of offensive or unwelcome behaviour which relates to an aspect of the victim’s sex, gender identity or gender expression.

The more serious an action and its impact on a victim, the fewer events are required to constitute harassment.

“The perpetrator’s intent is not important if the behaviour is something that they knew or should have known would be unwelcome,” the clinic said.

“Workplace sexual harassment is not a display of sexual attraction but, like other forms of discrimination, an exercise in unequal power relations.

“While sexual harassment may take place in any type of workplace, some types of workplaces, because of their structure, may be particularly prone to incidents of workplace sexual harassment.”

Studies indicate that upward of 20 per cent of Canadian women state they have been sexually harassed in the workplace, although a much lower per centage officially report harassment.

But sexual harassment is not limited to one sex or gender identity or expression. And its negative impact is felt by others, including bystanders who witness it, as well as by the victim.

While most people recognize that a physical advance or a sexual invitation constitute sexual harassment, the term actually encompasses a much wider scope of behaviour, including but not limited to:

• Using sexually charged language, including making jokes, about sex, gender identity or presentation or sexual roles or stereotypes;

• making comments about a person’s body or appearance;

• staring or “leering” at a person’s body;

• misgendering a person or refusing to use their chosen pronouns;

• sexual pictures or visuals being displayed where the complainant can see them; and

• spreading rumours about a person related to their sex, gender identity or gender expression.

“Much of the actual legal advice the clinic will provide to clients will probably focus on triage: explaining the law in the area of workplace sexual harassment, helping them to determine whether their concern actually constitutes workplace sexual harassment, helping address circumstances which may pose an immediate physical or legal danger and referring them to local resources,” the clinic said.

“Within the access to justice mandate, however, there may be additional scope to provide legal advice and services that would support a complainant’s litigation, either with their own legal counsel or self-represented.”

Comments (16)

Up 11 Down 4

JC on Oct 31, 2021 at 6:59 pm

Sarah
Imagine thinking that the "woke mob" (lol forever) is forcing these opinions, instead of just, yknow, people being accepting in tandem with not being a**holes.

Up 11 Down 6

JC on Oct 31, 2021 at 6:57 pm

Sam
No, but I'm not trumpeting that I'm violating the law by deploying discriminatory hiring practices either.
See the difference? No, I'd guess probably not...

Up 13 Down 7

Sarah Davison on Oct 31, 2021 at 12:12 pm

"Transgender people are freaks, eh?
Seems like the kind of thing I wouldn't say and then sign my name to."

Of course you wouldn't.
The woke mob - and the trans activist lobby especially - are the worst, most vicious bully boys out there.
It's intimidation, pure and simple.
Number one rule of intimidation:
If somebody is trying to intimidate you, don't be intimidated.

Up 16 Down 9

Sam on Oct 30, 2021 at 1:48 pm

@ JC
Well "JC" I did not see your real name! Funny that, eh?
Sam is my real first name.

Frankly I don't give a rats a-s if you don't like my comment, or the way I manage my business. I have lived here my whole life and all I see is a society of whiners slipping into the abyss of me, me, me and a sense of entitled to dictate how we should model to your perception of how we need to behave "in your world." Your world, IMHO, sucks.

Up 9 Down 12

JC on Oct 29, 2021 at 7:11 pm

Sam
Funny how you say you'd hire only men because Ur Da BoSs, but you won't give your full name.

Almost like you know better, but won't act better.
Real winners commenting in this article, for sure, for sure.

Up 8 Down 7

JC on Oct 29, 2021 at 7:08 pm

Sarah Davison
Transgender people are freaks, eh?
Seems like the kind of thing I wouldn't say and then sign my name to.

Up 15 Down 3

Nathan Living on Oct 29, 2021 at 5:57 pm

This initiative is so silly.

There is a double standard which doubles down on men harassing women but ignores lewd comments and inappropriate touching by women in the work place.

And I have experienced this and it's very common but I ignored it. Many women hang onto anger and cannot let go of things that they should let go of. Blame depression, failed relationships, unhappiness, personality disorders or other things but there is too much focus on bringing attention to things that are actually nuances of working in a diverse cultural setting.

What a waste of time and resources, if you want an harassment free life raise the bar of tolerance just a little.

Up 26 Down 9

Sam on Oct 29, 2021 at 8:45 am

Easy answer for me - I hire who I want. I don't need all this drama with my staff. There is sexual harassment that is real and should be dealt with. However, this BS is over the top and only makes for an uncomfortable work environment. Me, I will stick with hiring "men" only - less to no drama. People don't like it - tough. As long as I pay the wages I get to say who gets to work for me.

Up 22 Down 8

JC on Oct 28, 2021 at 4:09 pm

Bill,
This was actually never a "great place to live," in the sense that those days are somehow gone.
The Yukon has been a great place to live because of where it is.

The Yukon has never been a great place to live, because of the kinds of people representing here in the comment section.

Hope this helps clarify things. Measures to curb sexual harassment wouldn't be a thing if perma-boner chucklef*cks and slavering pigmen were effectively silenced, but here we are. Getting outraged over measures to prevent people from being targeted seems like a good way to identify oneself as a waste of space.

Up 22 Down 16

Bill on Oct 28, 2021 at 2:27 pm

@ Yukoner1
Perhaps it is you that should take the road south. This was a great place to live - once a upon time long, long ago. That was until the PC mob infested the land like spruce beetles.

Up 18 Down 10

Yukoner1 on Oct 28, 2021 at 10:37 am

@ Yukoner71 You're free to leave anytime you like. It's literally one of your Canadian charter rights.

Up 25 Down 8

Sarah Davison on Oct 28, 2021 at 10:33 am

....an aspect of the victim’s sex, gender identity or gender expression....
So if I "identify" as a woman, and express myself as a woman, or God forbid, if I am actually a real as opposed to a fake woman – does that mean any reference to the fact I'm a woman can now be viewed as sexual harrassment?
Or is this just yet more vacuous intellectual failure and promotion of anti-factual, anti-science, and anti-biological mythology?
The people promoting this bigotry against science, fact, reality, and truth are intent on dragging us all back into the Dark Ages.
If someone wants to be a freak, that's their choice, just as it's anybody else's choice - not to mention their constitutional and God given right - to point out that they're a freak.
And no, you don't have the right to tell me which and what language I may or may not use.
Perhaps we all have better things to think about, and society would be better off if we all stood up and told those government lackeys intent on promoting freakishness, particularly to our children, to spend their time more productively and responsibly.

Up 26 Down 8

wow on Oct 28, 2021 at 8:14 am

........."misgendering a person or refusing to use their chosen pronouns", you really go by the name "Simba".... "making comments about a person’s body or appearance" you look great by the way is now a crime? What a misguided bunch of nonsensical garbage this is.

Up 16 Down 14

Yukoner 71,out of this entire article on Oct 27, 2021 at 6:56 pm

You chose to freak out over one point about transgendered pronouns. I hope you're soon successful in leaving the country.

Up 17 Down 5

Bill on Oct 27, 2021 at 4:00 pm

Pray tell why in the world we need this Clinic? Is that the Human Rights Board is unable to their job? Why the duplication of services. Clearly this is an overlap.

Sexual harassment "...the term actually encompasses a much wider scope of behaviour, including but not limited to." The list below that statement goes on ad nauseam. Good grief it sounds and looks like the thought police and politically correct cohorts have been dreaming up stuff. Yup just yet another opportunity to p--s more money away. Maybe we need to put our infamous masks on to the top of our foreheads.

Up 53 Down 14

Yukoner ‘71 on Oct 27, 2021 at 3:19 pm

So if you call a man a man or a woman a woman and they think they are something else the lefties think that’s sexual harassment now? Stop this BS already, I want out of this ruined joke of a country.

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