Daniel A. Soberman

The complainant, a woman, applied for a job as a painter apprentice but was refused an interview by the respondent because of her sex.

The respondent argued that he could not control the conduct of other subcontractors' employees at the construction site and feared for the complainant's well-being.

The Board of Inquiry held that an employer cannot rely on the discriminatory attitudes or potential misconduct of others to justify refusing employment based on sex.

The Board found the respondent in breach of the Ontario Human Rights Code and ordered $862 in compensation for lost wages.

The complainant alleged that she was fired from her job after five weeks because she refused her employer's demand for sexual intercourse.

The respondent denied the allegations and introduced character witnesses, which led to the admission of his prior criminal convictions for rape and assault.

The Board of Inquiry found that the respondent sexually harassed the complainant in breach of the Ontario Human Rights Code.

The respondent was ordered to pay $395 for lost wages and $1,500 in general damages, and to submit to compliance monitoring for two years.