The Mississauga employment lawyers at DeRusha Law Firm have been involved in cases that have dealt with workplace harassment, sexual harassment, and workplace discrimination. We can help you.

 

Each case has to be carefully assessed, and specific plans made for each situation. Emotional support to our clients is provided by Mississauga employment lawyers, by experienced female staff members at DeRusha Law Firm, and sometime psychologists (our firm can make referrals for support).

 

No matter how capable, confident and successful a person may be in their professional work, workplace harassment and workplace discrimination can, and usually will, shake a person to their very core. There is no shame in this, because this is what would happen to anyone in that situation. DeRusha Law Firm employment lawyers and staff will make sure that you get what you need and deserve. 

But first, a few definitions you will find handy: 

 

Workplace harassment is the mistreatment of an employee at or related to the workplace. Mistreatment and abuse of the employee could be by other employees, a supervisor, or even by customers or other employers. Employers have a duty to make sure that the workplace, and things related to work, are free of workplace harassment.

 

Sexual harassment is similar to workplace harassment, but it has some element of a sexual tone. This could be provocative or sexual comments, sexual pictures, comments about attractiveness, or requests for sexual interaction.

 

Workplace discrimination with respect to Canadian employment law is treating someone in a negative way because of the colour of their skin, religion, background, culture, age, disability, handicap, or sexual identity.

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Act Immediately if You Have been Harassed, Discriminated Against

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All of the above areas of concern require a factual investigation, evaluation of your case, and specific options that will help you emotionally deal with the mistreatment you are receiving.

 

Take positive steps as soon as you are aware of the mistreatment.

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You should start with a no charge consultation with one of our discrimination lawyers. What is needed is experienced, and professional legal advice. You need to understand the remedies and damages that may be available to you.

 

Your contacts will be confidential and you will get a response and a consultation, probably within the next business day. We have discrimination lawyers that you can trust.

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Keep a Notebook for Harassment, Discrimination Incidents

 

What occurs in one, isolated event, may not in itself constitute “discrimination.” But you only know that a harassment or discriminatory event is singular looking back. It may be the start of a series of incidents, and this is what you should try to put down in writing. 

 

Noting an event means that you have the details. Some details of the harassment or discrimination that you will need to note:

 

1. Date

2. Time

3. Location

4. Who was present

5. Precisely what was said or done

6. Preserving items (if it was a picture [JPG or PNG file], it can be kept, or a photograph taken. Similarly, emails or Word documents can be kept.)

 

Expanding on those items, a notebook carefully secured, or confidential notes kept, can set out some of the background. However, there are other things that can be considered, outlined in the next section.
 

 

Sexual Harassment in Films, Politics

 

In the 2019 film “Bombshell,” a true story the female anchor Gretchen Carlson (played by Nicole Kidman) who sued Fox News, actually had taken a recording of what was said to her by the then CEO Roger Ailes. However, in real life, as in the film, Gretchen seeks legal advice early on as the sexual harassment is occurring, and makes her plans to acquire the evidence. The evidence was undeniable.

However, it should be kept in mind that this is a very dangerous practice because if someone is caught by a person acquiring such evidence, the result of which can be the loss of their employment, their reputation, and their future, there could be a very violent reaction by the perpetrator.

Although Gretchen was successful in acquiring the recordings, this type of activity requires and should have professional guidance. It is not without risk. 

 

Also Megyn Kelly (in the film "Bombshell," played by Charlize Theron) advances a similar claim against Roger Ailes and Fox News, and she, too, is successful in getting her lawyers to negotiate a proper determination damage payment in the multiple millions of dollars.

The question is asked in the film, and in real life:  "What importance these actions and claims have for other potential victims and the younger generations?"

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Obtaining Evidence of Sexual Harassment 

 

In terms of proof and evidence, one may recall that President Bill Clinton was alleged to have had sexual relations with a 22-year-old White House intern named Monica Lewinsky. President Clinton denied the allegations, and stated publicly in front of the press and into a microphone, “I never had sexual relations with that woman….”

However, Ms. Lewinsky had kept the dress that she had been wearing, and the professional advice that she accepted was to have an analysis done, and there on the dress were semen stains which could be analyzed with DNA testing proving that it was Bill Clinton’s. This is an example of the significance of acquiring the evidence to prove the point. It should also be kept in mind that there is a difference between “truth” and “proof.”

Mississauga discrimination lawyers know the difference, and can assist in making sure that the case is provable in court, so that full damage awards can be granted.

 

A decision to pursue a claim for workplace harassment, sexual harassment or workplace discrimination requires a full appreciation and analysis of the situation and the options. The claims of Gretchen Carlson and Megyn Kelly made a difference at Fox News. Roger Ailes was terminated. His harassing behaviour was brought to an end. A message was given to anyone else that would contemplate mistreatment of this nature that there would be serious consequences.

 

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