sexual harassment

BC Cruise Ship Worker Awarded Damages Over $33,000 by Human Rights Tribunal Following Sexual Assault

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**trigger warning – discussion of sexual assault**

In a decision issued by BC Human Rights Tribunal Member Emily Ohler today, it was held that a cruise ship carpet installer was discriminated against contrary to the BC Human Rights Code when he was sexually assaulted at work by his supervisor.

I’ve had a few people ask me lately about whether sexual assault or sexual harassment constitutes discrimination based on sex. It does! Complainants alleging sexual harassment at the BC Human Rights Tribunal need to prove the following: that the incident was of a sexual nature, that it was unwelcome, and that it detrimentally affected their work environment or led to adverse job-related consequences for them.

As held by the tribunal, the complainant was sexually assaulted by his supervisor while he was asleep in his room before a shift. They worked for a BC-based company installing carpets in cruise ships. During the period in which the assault occurred, the Complainant, the Respondent, and their team were docked in Nicaragua. One day, the Complainant’s roommate was off the ship and the Complainant was excited to be able to push two twin beds together to make a big bed for his nap. He was sleeping and woke to suddenly having the sensation of someone touching his genitals. He then felt the person pull his hand onto their genitals. He realized it was his supervisor. His supervisor had entered his room, got into bed with him, and woke him up with the touching. The supervisor put his head on the Complainant’s shoulder. The Complainant jumped up and left the room. He was stuck on board with his supervisor able to walk freely for the next few days.

This resulted in the Complainant being unable to continue working for the company and being unemployed for around 4 months. As such, he was awarded $8,333 for wage loss. Regarding damages for injury to dignity, feelings, and self-respect, Tribunal Member Emily Ohler held that the incident fell at the extreme end of the spectrum for this head of damages, since it was a sexual assault by a supervisor. The Complainant was awarded $25,000 damages for injury to dignity, feelings, and self-respect.

The decision was closed with the following at paragraph 45:

As a closing observation, I note that Mr. Ban made the point on various occasions that he was driven to pursue recourse primarily because he views himself as a strong person and recognizes that many other survivors or sexual assault may not be able to endure what the process of pursuing recourse requires. He said that he felt proud of himself for carrying on through the process. In my view, that pride is well earned. It takes courage to file a human rights complaint generally, and more particularly to file one that involves allegations of sexual assault as here. It requires a survivor to revisit a traumatic experience, and to lay that experience out for public view. Male survivors often face a unique stigma that discourages them from coming forward. I acknowledge Mr. Ban’s courage and perseverance.

Survivor Stories Project Shares Multiple Accusations of Sexual Harassment, Abuse, and Assault Perpetrated by Former Victoria Restaurant Employee

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image property of https://vancouverisland.ctvnews.ca/victoria-restaurant-fires-employee-following-allegations-of-sexual-assault-1.5291169

TW: sexual violence

On January 31, 2021, the Survivor Stories Project began sharing multiple stories of anonymous people claiming to have been sexually harassed, abused, or assaulted by a former employee at Chuck’s Burger Bar in Victoria. Thirteen accounts have now been published on the Survivor Stories Project instagram page. The stories allege that the Chuck’s Burger Bar employee acted in a predatory manor, coercing them into becoming highly intoxicated or drugged, or drugging their drinks. According to many of the accounts, the employee would then bring the women to his home and sexually assault them.

Chuck’s Burger Bar has made two posts on it’s social media regarding the allegations and has received many negative comments in response. Most recently, Chuck’s stated publicly that they have terminated the employee.

The Victoria police have also taken to social media to state that they are ready to hear survivors about the alleged assaults.

MacIsaac & Company is currently investigating potential claims regarding this matter.

Tribunal Awards Over $38,000 Damages to Esquimalt Denture Clinic Employee Fired Following Sexual Harassment

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sexual harassment at work, office woman and her lustful boss

In reasons released for the case of Basic v Esquimalt Denture Clinic and another, 2020 BCHRT 138 on July 7, 2020, BC Human Rights Tribunal Chair Diana Juricevic held that the Complainant Jasmine Basic was sexually harassed by her employer Andrew Lee at an Esquimalt, BC Denture Clinic and that this harassment was a factor in the termination of Ms. Basic’s employment. This constituted discrimination based on sex and Mr. Lee and his clinic were ordered to pay Ms. Basic over $38,000 in damages.

Ms. Basic had been employed as a receptionist at Mr. Lee’s Esquimalt Denture Clinic Ltd. While at the clinic, Mr. Lee engaged in a extensive conduct of a sexual nature. The conduct is outlined by the Tribunal at paragraphs 94 and 95 of the decision as follows:

He repeatedly commented on the size of her breasts and asked whether her “boobs” were fake. In the context of one conversation, he remarked that she was so attractive that she would likely be sexually assaulted in another workplace. He complimented parts of her body – skin, legs, breasts – and overall appearance.

…..

[95] Mr. Lee also engaged in physical conduct of a sexual nature. Mr. Lee slapped Ms. Basic’s butt with a magazine. He repeatedly grabbed her breasts and looked down her shirt. On one occasion, he tried to look down her pants. He hugged her, rubbed her back, rubbed her leg, rested his head on her shoulder, and kissed the top of her head. He pressed his body up against hers when she was putting away an air compressor. He pulled her onto his lap when she was trying on scrubs.

The case largely turned on whether Mr. Lee’s conduct was unwelcome. Mr. Lee argued that the interactions were consensual in the context of an intimate personal relationship. Regarding this issue, the Tribunal held as follows at paragraph 118:

As explained further below, I have no difficulty reconciling the facts that Ms. Basic enjoyed many aspects of working with Mr. Lee, shared personal information, and at the same time, did not welcome his sexual advances.

Mr. Lee asserted that Ms. Basic sexualized the workplace by engaging in sexualized behaviour and wearing provocative attire. Those arguments were rejected, partly because it is a “myth or stereotype that ‘promiscuous’ or ‘party’ individuals are more likely to consent or less worthy of belief.” Ultimately, found the Tribunal, Ms. Basic was touched sexually by Mr. Lee, she told him to stop, and he persisted.

All of this sexual harassment, held the Tribunal, resulted in Ms. Basic being immersed in a poisoned work environment and terminated.

The Tribunal made the following damages awards against Mr. Lee and his clinic:

  1. $11,796.04 for wage loss and wage differential that flowed from the discrimination;
  2. $1,612 for expenses associated with the hearing; and
  3. $25,000 for injury to dignity, feelings, and self-respect.