When deciding if an organization has met its duty to respond to a human rights claim, tribunals are likely to think about: the procedures in place at the time to deal with discrimination and harassment how quickly the organization responded to the complaint how seriously the complaint was treated the resources made available to deal with the complaint if the organization provided a healt [...] Ontario Human Rights Commission 9 Policy on preventing sexual and gender-based harassment 2. Identifying sexual harassment 2.1 Defining sexual harassment Section 10 of the Code defines harassment as “engaging in a course of vexatious8 comment or conduct that is known or ought to be known to be unwelcome.” Using this definition, more than one event must take place for there to be a violation of the [...] This form of harassment, in which the victim suffers concrete economic loss for failing to submit to sexual demands, is simply one manifestation of sexual harassment, albeit a particularly blatant and ugly one…15 Over time, the definition of sexual harassment has continued to evolve to reflect a better understanding of the way sexual power operates in society. [...] The situation must be viewed in the overall context.16 Example: A tribunal found that while the most common understanding of sexual harassment is conduct such as making passes, soliciting sexual favours, sexual touching, etc., the definition of sexual harassment also includes conduct that denigrates a woman’s sexuality or vexatious conduct that is directed at a woman because of her sex. [...] The tribunal stated: [T]he complainant’s gender, her status as a single mother and her aboriginal ancestry combined to render her particularly vulnerable to the conduct of the respondent.34 In another case dealing with the sexual harassment of a woman in the workplace, the tribunal stated in its decision: As for her vulnerability, it was undoubtedly increased by the fact that as.
- ISBN
- 9781443561228
- Pages
- 67
- Published in
- Canada
