ABSTRACT
In Québec, over the past few decades, violation of the right to a work environment free from sexual harassment has largely come to be considered within frameworks for psychological harassment or employment injury rather than as a violation of human rights. From a pragmatic point of view, labour law frameworks have certain advantages for complainants, and they provide more timely resolution of complaints and claims than the human rights regime. However, this chapter illustrates how, in a number of ways, labour law frameworks may have the unfortunate effect of negating sexual harassment as a prohibited practise. Important questions remain in terms of how to improve the interaction between human rights frameworks and labour law frameworks so that all workers can benefit from a work environment free from sexual harassment and have access to effective, timely recourse in case of violation of this right.
