Sexual Harassment Ruling is Justice — But Not Nearly Enough
The Ontario Human Rights Code says that every person in a workplace has a right to be free from sexual solicitations or advances in which the perpetrator knew or ought to have known that the behaviour was not welcome.
It also says that it is contrary to law to take reprisal action or make a threat of reprisal for rejection of a sexual solicitation or advance.
Soon after Sara was hired to work in a large hardware store, the promotions manager, who was her boss, started to ogle her buttocks and breasts. He made what she described as “gross” faces at her and talked about her breasts. He made lewd gestures directed at her, and asked intrusive questions about her personal romantic and sexual life.
Sara made it clear to the promotions manager that these comments were making her uncomfortable and they were unwelcome. Nothing changed.
On more than one occasion, he asked her to go out on a date with him. She told him she wasn’t interested and knew he was dating someone else anyway. Despite being turned down repeatedly, he was undeterred. One day, in front of a customer, he asked her a very personal question about her shaving habits and commented lewdly on his own.
He encouraged her to go out with a fellow employee she had never met and sent her a picture of a bearded man. He made lewd suggestions about the beard. The promotions manager sent her cartoon depictions of male genitalia and extremely suggestive emoji combinations.
Her colleagues noticed the extra attention he was giving her and started to ask if they were dating. One day, he asked her to accompany him to a hotel room and said “what happens there, stays there.” Sara told the boss she wasn’t interested. In apparent frustration, he began to reduce her weekly hours, nitpicked about the time she was taking on breaks, refused requests for time off and told her not to talk to other employees.
When Sara refused to go to the hotel with the promotions manager, he did stop sexually harassing her. However, he was obviously angry. If she got stopped by a customer on her way back to the time clock after a break and helped the customer first, she would be chastised. Previously, when she needed time off to deal with her child as a single mother, it was always accommodated. Not anymore.
When the promotions manager began taking these reprisal actions against her as a result of her refusal of his sexual advances, Sara complained to the general manager of the store, who simply said that nobody else had complained about the promotions manager and did not do any investigation.
Eventually, Sara left her employment and filed a complaint with the Ontario Human Rights Tribunal, which awarded her $20,000 in general damages and almost $30,000 in lost wages — about a year’s pay.
Given what Sara was put through, $20,000 for injury to her dignity, feelings and self-respect seems like a paltry sum. Unfortunately, the Ontario Human Rights Tribunal is not known for its fortitude in making appropriate general damage awards. The award was made against the hardware store and the promotions manager personally. The hardware store had failed in its obligation to protect Sara once it became aware of the complaints.
I don’t call this perfect justice. I am prepared to call it some justice, but not enough.
This article was originally published by The Hamilton Spectator.
