What is the test for sexual harassment in the workplace?

British Columbia, Canada


The following excerpt is from Denison v. Badacki Holding Ltd., 1999 CanLII 35190 (BC HRT):

In Janzen v. Platy Enterprises Ltd. (1989), 1989 CanLII 97 (SCC), 10 C.H.R.R. D/6205 (S.C.C.) Dickson C.J.C remarked [at D/6227, § 44451]: Without seeking to provide an exhaustive definition of the term, I am of the view that sexual harassment in the workplace may be broadly defined as unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victim of harassment. I am satisfied that sexual harassment of the complainant did take place as she was the victim of "unwelcome conduct of a sexual nature that detrimentally affects the work environment".

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