Sometimes they brush up against her, grab her or pinch her. Mary and Susan are being sexually harassed. This publication of the New Brunswick Human Rights Commission is intended as a convenient source of general information about human rights in the province of New Brunswick in Canada. It is not a legal interpretation. Sexual actions, comments or requests in the course of employment are sexual harassment if they are unwelcome or if decisions affecting employees or job applicants are based on submission to or rejection of such conduct.
Sexual harassment directed at men or women is illegal, even if it is only a single incident.
In addition to conduct occurring in the regular course of employment, sexual harassment includes conduct occurring off the job site or outside working hours, provided employment decisions are based on submission to such harassment. Sexual conduct is not sexual harassment if it is consensual. However, consent is not valid if it is obtained through threats or promises concerning employment. An employer who has not taken appropriate steps to prevent sexual harassment is liable for harassment by managers and other employees, even if the employer was unaware of the harassment. In certain cases, employers may be also be liable when employees harass customers or are harasssed by them.