Keep your clothes on in the office
Margee was a freelance bookkeeper for a variety of businesses. She worked on a fee for service basis and was not an employee. Two days a week she spent most of the day in a real estate office owned by Robert and his wife. When Margee was there she worked in a room in the basement fairly close to Roberts’. His office had a glass door. She could not see him from where she was sitting but if she stood up she could see his office door. One day she went to his office to ask him something and found him standing in it stark naked and in profile. He had some clothes in his hand but everything was on view. It was awkward and embarrassing and she rushed away. A few minutes later Robert came out of his office in a collared shirt, his boxer shorts and socks. He apologized for making Margee uncomfortable and noted that next time he had to change in the office he guessed that he should close his office door. Margee did not say anything but she wondered how that would help given that his door was clear glass. She wondered why changing in his office included going down to his birthday suit but let the matter go. A few weeks later she was working away at her desk and stood up. When she looked towards Roberts’ office she saw him standing in the doorway looking at the stairs to the basement. He was in his birthday suit again. He did not look at her but put his right hand on the door frame and his left hand on his hip. Margee yelled “jeeze” and sat down so she could not see him. Once again Robert apologized for the incident, said he was changing and asked if she could keep the incident between the two of them. (his wife was working at the reception desk upstairs). Margee told him that she would be telling her husband, that he would never lay eyes on her again and that he could tell his wife whatever he wanted. Margee filed a complaint for sexual harassment pursuant to the Ontario Human Rights Code and it went to a full hearing.
Robert had lots of explanations. On the first occasion he was getting ready for an acupuncturist appointment and had to wear different clothes to allow the acupuncturist to have full access. He claimed that he held a garment bag in front of him as soon as he saw Margee. He claimed that when she asked if she could speak to him he said he was changing and held the garment bag in front of him. He asked her if they could talk later. He claimed that she lingered for a few seconds and then said okay and left. Apparently, on the second occasion Robert was running late for golf and went to his office to change. As he was reaching for his socks he heard the applicant and saw her looking at him. Although she worked twenty feet away and he would have seen her on the way in he was shocked that she was there.
Harassment under the Human Rights Code means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. The adjudicator did not believe Roberts elaborate explanations and excuses. In part that was due to the fact that Robert had not told his wife when he was leaving for golf what had happened. The adjudicator concluded that Robert was getting his kicks from exposing himself to Margee. Robert argued that this was not an “employment” situation and therefore the Code should not apply but the Code is broadly written and pretty much includes everyone rendering services regardless of the payment plan. Margee gave evidence that she had a significant amount of distress, anxiety and even some marital strife because of her mental health in the months that followed.
Robert was ordered to pay Margee $23,000.00 in general damages and to attend a Human Rights Training Program at his own expense. Why did he not just pay her off and avoid this humiliation? I’ll take a good guess. Robert had persuaded his wife that it was all just a big misunderstanding and mistake to preserve his marriage and as a result she probably insisted that he fight it till the end. I am certain that if it was up to him alone he would have written a cheque in the first place and obtained a release and confidentiality agreement.
