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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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