What is the test for whether a harasser knew his or her behaviour was unwelcome?

Ontario, Canada


The following excerpt is from Popplewell v. Canadian Diabetes Association, 2011 HRTO 112 (CanLII):

In addition to considering whether the harasser knew his or her behaviour was unwelcome, human rights tribunals also consider the perspective of the person alleging harassment when assessing whether a harasser ought reasonably to have known that the comments or conduct at issue was unwelcome. For example, it has been held that whether the harasser ought to have known the behaviour was unwelcome depends on whether a reasonable person in the position of the person alleging harassment would find such conduct to be unwelcome and, if so, whether reasonable people in the respondent's position would know that to be the case. See Ghosh v. Domglas (No. 2) (1992), 17 C.H.R.R. D/216 (Ont. Bd.Inq.).

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