Sexual harassment at work is illegal in BC. You don’t have to tolerate unwanted sexual comments, touching, messages or pressure for sexual favours to keep your job or advance your career.

Sexual harassment can come from a boss, coworker, customer or anyone connected to your work. If your employer ignores the problem, punishes you for speaking up or forces you out of your job, you may be entitled to compensation.

⚠️ Thinking about quitting because of sexual harassment? Get legal advice first. You may have a claim for severance or human rights compensation, but resigning without understanding your options can put those rights at risk.

Reviewed by: Lior Samfiru, Employment Lawyer and National Co-Managing Partner

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What Counts as Sexual Harassment at Work in BC?

Sexual harassment is unwanted behaviour of a sexual nature that affects your work or working environment. It can also include harassment based on sex, sexual orientation, gender identity or gender expression.

It doesn’t have to involve physical contact. Repeated comments or messages can qualify, and one serious incident may be enough to violate your rights.

The behaviour can happen at work, at a company event, during a business trip or through work-related messages.

For other forms of mistreatment, read our Workplace Harassment BC guide.

Examples of Sexual Harassment in the Workplace

Sexual harassment may include:

  • Unwanted touching, kissing or physical advances.
  • Sexual jokes or comments about your body or appearance.
  • Repeated requests for dates after you’ve shown you’re not interested.
  • Unwanted sexual messages, photos or videos.
  • Pressure for sexual favours in exchange for a promotion, raise or job security.
  • Threats or punishment after you reject sexual advances.

What if your boss is sexually harassing you?

A manager can’t use their position to pressure you into a sexual or romantic relationship. Your job, pay or promotion shouldn’t depend on accepting unwanted advances.

You also don’t have to confront your boss directly before seeking help. Your employer should have a way to report harassment when a manager is the person involved.

What Must Your Employer Do About Sexual Harassment?

BC employers must take reasonable steps to prevent workplace bullying and harassment and respond when incidents are reported or identified.

Under WorkSafeBC’s rules, employers must have procedures for reporting harassment and addressing complaints.

This includes:

  • Providing a way to report harassment, including complaints against managers.
  • Investigating complaints fairly and appropriately.
  • Taking reasonable steps to stop harassment and prevent it from continuing.
  • Following up and taking corrective action when necessary.

An employer can’t simply ignore a complaint because the person accused is a senior manager or important customer.

Can your employer punish you for reporting sexual harassment?

Your employer can’t lawfully retaliate against you for making or supporting a complaint protected by BC human rights law.

If your hours are cut, you’re demoted or you’re fired because you spoke up, you may have a separate legal claim.

Learn more about your workplace human rights in BC.

What Should You Do if You’re Being Sexually Harassed at Work?

  1. Write down what happened. Record dates, comments, messages and anyone who witnessed the behaviour.
  2. Save evidence. Keep relevant emails, texts and other records you’re legally entitled to retain.
  3. Report the harassment. Follow your employer’s reporting process. If your boss is involved, use the alternative reporting contact.
  4. Keep records of the response. Document what your employer does, including any investigation and changes to your job.
  5. Get legal advice. If the harassment continues, your complaint is ignored or you’re considering leaving, find out what rights you have.

? You don’t need to confront the harasser first. Being afraid to speak up or failing to object immediately doesn’t mean you agreed to or welcomed the behaviour.

If your employer fails to address workplace harassment, you can also contact WorkSafeBC about its workplace safety obligations.

Can You Get Compensation for Sexual Harassment in BC?

Yes. If you’ve experienced unlawful sexual harassment at work, you may be entitled to compensation.

Depending on your case, this could include:

  • Lost income: Wages or benefits lost because of the harassment.
  • Emotional harm: Compensation for the impact on your dignity, feelings and self-respect.
  • Other remedies: Orders to address discriminatory conduct or correct workplace practices.
  • Severance pay: Compensation that may be owed if your employment ends.

Can you quit because of sexual harassment and still receive severance?

Possibly. If serious harassment makes your workplace intolerable and your employer fails to address it, you may have a claim for constructive dismissal.

That means you could be entitled to severance even though you resigned.

In appropriate wrongful dismissal cases, full severance pay in BC can reach up to 24 months’ pay. However, not every resignation leads to a severance claim.

⚠️ Before you resign, always check first. Leaving without legal advice could affect your right to severance or other compensation.

How long do you have to file a sexual harassment complaint in BC?

The usual deadline for a BC Human Rights Tribunal complaint is one year. Different rules may apply to ongoing discrimination and certain late complaints.

Don’t assume an internal workplace investigation extends that deadline. Learn more from the BC Human Rights Tribunal.

Sexual Harassment at Work BC: Frequently Asked Questions

Is sexual harassment at work illegal in BC?

Yes. Sexual harassment can violate the BC Human Rights Code. Employers also have workplace safety responsibilities for preventing and addressing bullying and harassment.

Does sexual harassment have to happen more than once?

No. Repeated unwanted behaviour can be harassment, but one serious incident may also violate your rights.

Can sexual harassment happen through text messages?

Yes. Unwanted sexual messages, images or comments can amount to workplace harassment when they’re connected to your employment.

What if HR ignores my sexual harassment complaint?

You can seek legal advice and consider reporting concerns about your employer’s harassment procedures or response to WorkSafeBC. You may also have a human rights complaint.

Can I be fired for reporting sexual harassment?

Your employer can’t lawfully fire you because you made or supported a complaint protected by human rights law. If you’re dismissed after reporting harassment, get legal advice about retaliation and severance.

Get Legal Help for Sexual Harassment at Work in BC

If you’ve experienced sexual harassment, your employer ignored your complaint or you’ve been pushed out of your job, you may have legal options.

The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees across British Columbia understand their rights, address workplace harassment and pursue compensation where a claim is available.

For local assistance, speak with our Vancouver workplace harassment lawyers or human rights lawyers serving Victoria.

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