Sexual Harassment

A hearing into a complaint of sexual harassment of a female employee was recently conducted despite the failure of the respondent to appear⁵³. It concerned conduct of the respondent, who had been the complaint’s supervisor, on a supposed business trip to Winnipeg during which it became clear he was seeking sexual contact with the complainant. The trip had been a ruse. The complainant alleged a breach of section 7 of the CHRA, which makes it a discriminatory practice to differentiate adversely against an employee on a prohibited ground of discrimination, and section 14, which makes it a prohibited practice in matters related to employment to harass an individual on a prohibited ground of discrimination (sexual harassment being deemed explicitly to constitute a prohibited ground of discrimination).

In reviewing the evidence, the Tribunal applied the standard test for establishing a prima facie case of discrimination, i.e. was the evidence sufficient to justify, on a balance of probabilities, a finding in favour of the complainant in the absence of an answer from the respondent. It also referred to the leading case on sexual harassment in the work place that characterized it "as being unwelcome conduct of a sexual nature that adversely affects the work environment or leads to adverse job related consequences for the victim of the alleged harassment."⁵⁴ The Tribunal further defined sexual harassment "as being a demeaning practice in the workplace that has a profound effect on the dignity of the employee affected"⁵⁵and as having an impact on "the self-respect and dignity of the person affected both as an employee and as a human being."⁵⁶ On the evidence presented, the Tribunal did not hesitate to find that the behaviour of the respondent had created a negative psychological and emotional work environment and thus fell squarely within the prohibition set out in sections 7 and 14. A prima facie case having been established, it fell to the respondent to provide an answer. As indicated, he had failed to appear at the hearing to give evidence and hence a decision was entered against him.

With respect to remedy, the respondent was ordered to write an apology to the complainant, pay her the maximum award for hurt feelings and loss of self-respect ($5,000), as well as a sum of money for lost wages ($480) incurred by the complainant’s need to research and prepare for the hearing.

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End Notes