Sexual harassment constitutes sex discrimination, but complaints dismissed due to insufficient evidence and credibility issues.
Two former waitresses filed complaints alleging sexual harassment by the owner of the restaurant where they worked.
The Board of Inquiry held that sexual harassment constitutes sex discrimination under the Ontario Human Rights Code.
However, assessing the credibility of the witnesses, the Board found the first complainant's evidence inconsistent and exaggerated, preferring the respondent's denial.
The Board declined to admit the second complainant's testimony as similar fact evidence.
Finding that neither complainant discharged the burden of proof on a balance of probabilities, the Board dismissed both complaints.
Bell v. Ladas, 1980 CanLII 3899
