The Human Rights Code - 1228 Words

Facts This is an application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H. 191 alleging discrimination in the workplace environment due to sex, including sexual harassment as a factor. In September of 2010, the respondent was working as a doctor’s assistant at a clinic in Toronto, where the applicant worked as a secretary. The applicant, upon the respondent’s request, stayed after work hours for training regarding re-ordering medicine. During this time, the respondent asked if he could check the applicant’s blood pressure, which she allowed, but after the respondent put his hand on her thigh, she immediately withdrew back and said no. The applicant continued on her training, but when she did not receive a response from the†¦show more content†¦7. (3)(a) of the Human Rights Code, R.S.O. 1990, c.H. 19 4. s. 10 of the Human Rights Code, R.S.O. 1990, c.H. 19 5. Janzen v. Platy Enterprises Ltd., [1989] 1 S.C.R. 1252 6. Smith v. The Rover’s Rest, 2013 HRTO 700 Analysis Section 7.(2)2 of the Human Rights Code states that, â€Å"Every person who is an employee has a right to freedom from harassment in the workplace because of sex †¦ by his or her employer or agent of the employer or by another employee. Section 7.(3)(a)3 further goes on to state that every person has a right to be free from, a sexual solicitation †¦ where the person making the solicitation or advances knows or ought reasonably to know that it is unwelcome. In s. 104, â€Å"harassment† is defined as engaging in a course of †¦ conduct that is known or ought reasonably to be known as unwelcome. The applicant, on numerous occasions, told the respondent to stop when he forced her to engage in sexual activity. The respondent ought to have known his behavior was unwelcome by the applicant repeatedly saying ‘no.’ This entails a violation of her human rights under the code.1 Janzen v. Platy Enterprises Ltd5 defines sexual harassment in the workplace as, â€Å"Unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victims of harassment.† Janzen5 further goes on to state that when sexual harassment occurs in the workplace, it is an abuse of both economic and sexual power. This type of behavior in