Friday, November 16, 2012

Sexual harassment constitutes sexual discrimination

Friedmann v. MacGarvie, 2012 BCCA 445 is a source for the proposition that sexual harassment constitutes sexual discrimination:

 

[32]        One way to demonstrate in a discrimination case that the group characteristic of the complainant was a factor in the adverse treatment received by him or her is to introduce evidence of the treatment of persons who did not share the group characteristic. However, that is not the only way in which it can be demonstrated. In a sexual harassment case, the very nature of the sexual harassment can be sufficient to establish that the gender of the complainant was a factor in the adverse treatment.

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