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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
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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.
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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.
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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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