Sask Rights
 
A Saskatchewan Human Rights
Commission Publication

Winter/Spring 2001
Settlements
   

Sexual Harassment

Sexual harassment remains a major problem in Saskatchewan workplaces. The following are some of the examples of sexual harassment cases brought to the Commission that resulted in a settlement.

Woman fired after complaint

A woman employed as a cook and house parent at a farm home alleged her supervisor sexually harassed her during the last four months of her employment by making unwelcome sexual comments and touching her in a sexual manner. She also alleged that, when she complained about her supervisor’s conduct to the owner of the home, she was terminated. The complainant’s employer agreed to pay compensation of $10,369 for lost employment income and $5,000 for injury to feelings and self-respect. The supervisor also agreed to pay the complainant $1,200 compensation.

Company pays for employee’s conduct

Another settlement illustrates that sexual harassment is a pervasive problem not limited to the service industry. A claims supervisor at a life insurance company alleged that her male supervisor sexually harassed her during an 18-month period by making crude sexual remarks such as asking what color her panties were, asking if a course she was taking was an "intercourse’’, referring to a photo

in his office as a representation of a penis and engaging in banter of an explicit sexual nature that was embarrassing and insulting to the woman. The supervisor left the company’s employment before the woman filed her complaint. The company agreed to pay the woman $5,000 as compensation for injury to feelings and loss of self-respect.

Male supervisor harassed young male assistant

The settlement of two complaints shows that males can also be targets of sexual harassment. A male complainant worked as an assistant funeral director at a funeral home. He alleged the owner of the funeral home sexually harassed him during the course of his employment through sexual touching and unwanted sexual remarks and requests. The complainant received $3,500 for injury to feelings and loss of self-respect.

Male cook complained of female supervisor’s harassment

A second incident of sexual harassment against a man involved a male cook in a Saskatoon restaurant who alleged his female supervisor made unwanted sexual advances towards him and touched him in a sexual manner. When he refused to work shifts where she was his supervisor, he was fired from his job. The complainant agreed to a $2,000 settlement for loss of self-respect and injury to feelings.


Disability

The Saskatchewan Human Rights Code prohibits discrimination on the basis of mental or physical disability.

Improved accessibility

Settlements negotiated by the Commission have resulted in improved accessibility to the Battlefords Court House and Hotel Saskatchewan in Regina for persons reliant on mobility devices.

A member of the disability rights community attempted to attend a trial at the Battlefords Court House in 1997 but found the courthouse inaccessible.

In reaching a voluntary settlement during the early resolution stage, the province agreed to implement substantial changes to the Battlefords Court House including:

  • Installation of handrails on a ramp to the accessible entrance side door
  • Installation of a sign near the courthouse front door indicating the location of the accessible location
  • Installation of a buzzer at the accessible entrance to signify access is required
  • Implementation of a policy regarding staff response to the buzzer during regular office hours and by a Commissionaire at times outside regular hours when the courthouse is open to the public
  • Installation of paved designated parking spots and designated parking sign
  • Replaced or adjusted, as necessary, pressure on interior doors to meet accessibility standards

In addition to the improved accessibility at the courthouse the government paid the woman $1,000 in damages, which she distributed to the Saskatchewan Voice of People with Disabilities and to the Council of Canadians with Disabilities.

 

The Justice department agreed to implement its accessibility audit of buildings offering justice services to the public, especially with regard to accessible parking, building accessibility and barrier free washrooms.

The settlement with Hotel Saskatchewan (1990) Ltd. was the result of a complaint a woman brought against the hotel in 1996. She complained wheel chair users could not enter the hotel by a major entrance without barriers, but rather could only enter through the service entrance in the alley.

The hotel has installed a wheel chair lift that allows reasonable access. The hotel intends to provide wheel chair access through an elevator in a major entrance when construction of a new parkade adjacent to the hotel is completed.

The hotel also agreed to pay the woman $2,000 who in turn donated the compensation to the Counsel of Canadians with Disabilities.

City transit drivers to assist disabled passengers

Saskatoon City bus drivers have begun assisting bus passengers who use wheelchairs and scooters into their seats following a Saskatchewan Human Right Commission negotiated settlement between the City and a Saskatoon man.

The Saskatoon man is a wheelchair user and able to independently board and disembark from low floor buses. He alleged the city discriminated against him by requiring he secure himself into space reserved for wheelchair users on one of the new low floor buses when he boarded. However, he is not able to secure himself, due to his disability, and the transit driver refused to assist him after he boarded.

After he was refused assistance, he was forced to leave the bus and wheel to his home through inclement weather.

 

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