What counts as harassment?

The unlawful harassing conduct must be unwelcome and based on the victim’s protected basis.

The conduct must be:

  • Subjectively abusive to the person affected, and
  • Objectively severe and pervasive enough to create a work environment that a reasonable person would find hostile or abusive.

Whether the harassing conduct is severe or pervasive is determined on a case-by-case basis in light of,

  • How often it happens,
  • The severity,
  • Whether the conduct was physically threatening or humiliating, not just an offensive comment,
  • Whether the conduct unreasonably interfered with work performance,
  • The impact on the employee’s psychological well-being, and
  • If the harasser was a superior within the organization.