Document Type

Commissioned Report or Study

Publication Date

8-2019

Subjects

Workplace, Sexual Harassment

Abstract

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 focus on the core research question of this project, which asks about adjudicators’ interpretation and application of the legal principles where they have the benefit of a full hearing. This is not, therefore, reflective of the scope of sexual harassment incidents, many of which will be not reported or pursued through legal means, or which may be settled, dismissed or abandoned prior to a full hearing.

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