Stereotyped views often cause discriminatory conduct. In some cases strictly equal or even-handed application of rules or policies may be discriminatory against a person or a group because of the differing impact those rules or policies have on those individuals or groups. This is called adverse discrimination and creates a duty to take reasonable steps to accommodate the special needs of those individuals and groups. If the recipient of the harassment is a client, this may affect the future provision of legal advice and services. In the employment context this may include matters such as promotion, salary, benefits and job security.
Harassment can be sexual, discriminatory or personal in nature.
Sexual harassment is specifically addressed in Commentary 9. Discriminatory harassment is harassment focused on a personal characteristic within one of the prohibited grounds. Personal harassment is disrespectful and degrading conduct generally that is not specifically focused within the prohibited grounds. It includes conduct that is rude, insulting, belittling or vindictive. The key in determining whether conduct is harassment is the impact the conduct has had on the complainant, not the intent with which it was done.