Law Commons^™

Workplace Sexual Harassment And The "Unwelcome" Requirement: An Analysis Of Bc Human Rights Tribunal Decisions From 2010 To 2016, Bethany Hastie

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Legal complaints concerning workplace sexual harassment are anticipated to increase, following in the wake of the #MeToo movement and a number of high-profile cases in Canada. Yet little contemporary research has analyzed sexual harassment laws in Canada. This article contributes to further research on sexual harassment laws through a case analysis of BC Human Rights Tribunal decisions from 2010 to 2016. This article analyzes trends in assessing credibility and character in sexual harassment complaints and establishes that the requirement that a complainant prove that the conduct in question was “unwelcome” improperly shifts the focus of the legal inquiry towards her …

Assessing Sexually Harassing Conduct In The Workplace: An Analysis Of Bc Human Rights Tribunal Decisions In 2010–16, Bethany Hastie

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Sexual harassment in the workplace was first recognized as a form of discrimination in the 1980s. Since that time, the concepts of sexual harassment and discrimination have evolved substantially. This article explores how human rights tribunals address complaints of sexual harassment in the workplace through a case analysis of BC Human Rights Tribunal decisions from 2010 to 2016. Focusing on an examination of how the tribunal determines what constitutes sexually harassing conduct, this article suggests that, while human rights tribunals are advancing in their understanding and analysis of sexual harassment claims, there remain inherent limitations associated with the individualized nature …

Workplace Sexual Harassment: Assessing The Effectiveness Of Human Rights Law In Canada, Bethany Hastie

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This report analyzes substantive decisions on the merits concerning workplace sexual harassment at each of the BC and Ontario Human Rights Tribunals from 2000-2018, with a view to identifying how the law of sexual harassment is understood, interpreted and applied by the Tribunals’ adjudicators. In particular, this report examines whether, and to what extent, gender-based stereotypes and myths known to occur in criminal justice proceedings arise in the human rights context.

This report examines substantive decisions on the merits for claims of workplace sexual harassment from 2000-2018 in BC and Ontario. The limitation to substantive decisions allows for a greater …