Published In

Canadian Journal of Women and the Law

Document Type

Article

Publication Date

11-20-2019

Subjects

sexual harassment, workplace, human rights, British Columbia, Human Rights Triburnal, 2010-2016

Abstract

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 of anti-discrimination law and with the legal principles governing complaints of sexual harassment.

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