A legal grey area : the need for better legislative protections for sexual harassment in Nova Scotia licensed venues

Abstract

Workplace sexual harassment is a form sexual violence and sex discrimination that is prohibited in Canada under human rights law. Sexual harassment is a complex issue that exists in a grey area that has led to gaps in legal protections. The Criminal Code of Canada does not classify sexual harassment as a crime, even though there are many documented harms associated with this form of sexual violence. Employment protection legislation varies by province with some not covering sexual harassment to the extent that it should. Within this issue, one unique workplace where sexual harassment occurs is that of licensed venues. These establishments are those that have a license to serve alcohol and consist of a more sexualized environment than traditional workplaces, creating more opportunities for sexual harassment. There is little research on the policies these venues implement to deal with sexual harassment. An exploratory analysis of Nova Scotian legislation and five sexual harassment policies from licensed venues in Halifax, Nova Scotia (NS) uncovered that sexual harassment policies are sufficient, but the scope of provincial legislation is limited in protecting female employees from sexual harassment in the workplace. NS court cases dealing with sexual harassment in licensed venues were also analyzed to understand the nuances within sexual harassment as an issue including those within policies, the courts systems, and in licensed venues. Future research would focus on ways to fill these gaps and ensure that sexual harassment as a form of sex discrimination gets the protection it deserves.