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16 Hum. Rts. Dig. 1 (2015)

handle is hein.journals/hurtsdg16 and id is 1 raw text is: Hun In Rig s Digest Vol. 16 No. 1 January 2015 the relationship. He shouted obscenities and called her a stupid bitch. He then fired her and told her to stay away from the salon. She felt humiliated and frightened. SEXUAL HARASSMENT - SEXUAL ORIENTATION - sex- ual advances by employer - verbal abuse and denigra- tion - poisoned work environment - sexualized envi- ronment - definition of sexual harassment HUMAN RIGHTS - nature and purpose of human rights legislation - EMPLOYMENT - obligation to provide discrimination-free workplace - PROCEDURE - delay as abuse of process - procedural fairness - RES JUDI- CATA AND ESTOPPEL - issue estoppel - prior labour standards board proceeding - definition of resjudicata INTERPRETATION OF STATUTES - definition of discrimination, harass and sexual harassment- BURDEN OF PROOF - onus shifts to respondent - ele- ments of a prima facie case - EVIDENCE - credibility - adverse inference - DAMAGES - damages assessed for sexual harassment and injury to dignity and self- respect - determining quantum by considering previ- ous awards A Nova Scotia Board of Inquiry ruled that Stephanie Gra- ham was discriminated against on the basis of her sexu- al orientation and sexually harassed by the owner and operator of Shear Logic Hairstyling, Sean Cormier. Ms. Graham decided in 2007 to pursue a career as a gen- eral hairstylist. She began training at Shear Logic, where she apprenticed under Mr. Cormier in order to fulfill the requirements leading to certification. Ms. Graham was an employee for three months. Ms. Graham testified that she began to feel uncomforta- ble soon after she began work. Mr. Cormier began to make comments about her appearance and sexuality. He noticed a tattoo on her wrist and asked her what it was. She explained that it was two intertwining female symbols and that she is lesbian. She recounted that he was shocked and went on to say that she could not be lesbian because you're pretty. Mr. Cormier's comments quickly escalated. He asked her questions about her partner - is she hot? did you get lucky last night? He asked her how do lesbians have sex? He commented that even if she was lesbian he could still dream. Sometimes he introduced her to cli- ents and told them she was lesbian. Sometimes he re- ferred to her as a crazy bipolar lesbian or a bitch. One day, when she believed she was alone, Ms. Graham undressed and used the salon's tanning bed. She saw a shadow across the doorway and sensed that he was watching her. She immediately dressed and went out- side. She testified that she felt violated and disgusted. Sometimes Mr. Cormier drove past her home, or parked on the street in front. A couple of times he called her in the evening at home, once sounding drunk. She told him not to call. When she had been at work three months, he asked her to go to dinner to celebrate their three-month anniver- sary. She gave excuses, but he told her that if she did not come to dinner she would no longer have a job. She told him she was busy that evening, and after she went home she called in to say she would not be in the next day. She was afraid of Mr. Cormier's anger and ridicule. Mr. Cormier arrived at her door at 9 p.m. that night and came into the apartment where she was with her part- ner. His expression was threatening and he began to scream at her. She testified it was like breaking up with him, like he was an angered boyfriend and I was ending Mr. Cormier denied all Ms. Graham's allega- tions, and in his evi- dence regularly said he did not know or did not remember. The Board of Inquiry found Mr. Cormier's evidence contradictory, evasive, nonchalant, and de- tached. He seemed to have a plodding acquaintance with the truth. Ms. Gra- ham presented her evidence in a forthright manner. She was honest and thorough. Where there was a conflict in the evidence, the Board accepted Ms. Graham's evi- dence. The Board concluded that Mr. Cormier wished to com- mence an intimate relationship with Ms. Graham shortly after he hired her. His infatuation soon became an ob- session, resulting in phone calls to her home, driving by her residence, barging into her home and behaving as though he was a rejected suitor. The Board accepted that Mr. Cormier's conduct caused Ms. Graham to feel uncomfortable, humiliated, disgust- ed with herself for tolerating mistreatment, and afraid. Mr. Cormier made her feel as though he had the right to abuse her because she is lesbian, and this attitude affected her for a long time afterwards. She continues to have a hard time telling people she is lesbian. The Board awarded Ms. Graham $11,400 as compensa- tion for the denigration of her dignity and the psycho- logical and emotional harm. CANADIAN HUMAN RIGHTS REPORTER 1-11 PUBLISHER OF CANADIAN HUMAN RIGHTS LAW After the complainant told her employer she was lesbian, he asked ques- tions about her sex life, called her derogatory names, and sexually har- assed her by making visits to her home and calling her in the evenings.

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