What is the legal test for an objection of sexual harassment in a workplace context?

Saskatchewan, Canada


The following excerpt is from Lark v. Glardrheims Care Home (No. 2), 2007 CanLII 86936 (SK HRT):

In circumstances where overt behaviour such as sexual touching occurs, there is often no question that the conduct is unwelcome and evidence on this point would be unnecessary. However, when the conduct moves to the less offensive side of the sexual harassment continuum, such as sexual jokes or comments, the unwelcome nature of the conduct is less clear. As stated by the British Columbia Human Rights Tribunal in the unreported decision Shouldice v. Stevens (May 20, 1999) [CHRR Doc. 99-104] (at p. 11 [§ 53]): While the objection may be explicit or implicit, verbal or non-verbal... [t]here must be evidence [from which] a reasonable person would have recognized the conduct was unwelcome in the circumstances.

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