When it comes to cases involving sexual relationships that start in the office, judges examine the concept of consent shrewdly. Read on.
When we represent women who have been harassed or assaulted in the workplace, they balk when we tell them that — yes, they do have to explain that they did not consent to a “situationship” or relationship at work. In some cases, those relationships lasted for a very long time. If the case goes to trial, workplace victims must explain the context behind friendly text banter, continued outings and workplace socializing after they say they were harassed.
Those are difficult conversations for those employees. Even preparing for the earliest of steps in a case, they need to explain why they meant “no“ when they actually said “yes.” As lawyers, we try and mediate our cases before the need for trial. It is about giving each party the opportunity to catch a glimpse of the inner workings of the case, and to determine whether they want to settle.
When looking at our sexual harassment/assault cases, we sit with the complainants and ask the hard questions around consent. We often go through stacks of materials including texts, emails, and in some cases, illicit photos. Why continue to communicate after you say you were harassed/assaulted? Why continue to date? Why are you sending the photos of this nature? These are just some of the hard questions we ask.It is almost always about power.
Women and/or subordinate employees in general are conditioned to question their own actions first before they are willing to accept that the attack against them was unprovoked. One client complained consistently of her male attendees telling her “she was too pretty,” and convinced herself that she put too much care into her appearance. She dealt with harassment by those who supervised her for years before she complained to the hospital.
The judges and/or adjudicators who are hearing these cases are trying to understand the nuances around consent in the workplace, and how consent can be eroded when the perpetrator has all of the power to make, break, or ruin the victim’s professional career. Our judges understand that systemic abusers reside in workplaces along with their enablers. Since 2017, there has been an active push to ensure that judges undertake education around sexual assault and harassment.
Canada Latest News, Canada Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Howard Levitt: Workplace sexual abuse is all about powerWhen it comes to cases involving sexual relationships that start in the office, judges examine the concept of consent shrewdly. Read on.
Read more »
'Mattering': This new workplace buzzword won't actually make employees feel more valuedThe idea that you can make someone feel valued simply by telling managers to deliver mattering is patronizing and wrong\u002Dheaded. Read on.
Read more »
'Mattering': This new workplace buzzword won't actually make employees feel more valuedThe idea that you can make someone feel valued simply by telling managers to deliver mattering is patronizing and wrong\u002Dheaded. Read on.
Read more »
Workplace Inclusion Charter ready to be signedBelleville City Council is the first workplace to sign the city's new Workplace Inclusion Charter. The Charter...
Read more »
Time to put a stop to workplace injuries plaguing interpretersWhile the Translation Bureau has committed to implementing the recommended measures and to exercising more vigilance when it comes to protecting their interpreters’ health and safety, there is dire need for all meeting participants to do their part as well.
Read more »
Worker suffers fatal injuries in workplace incident at St. Marys Cement in BowmanvilleMinistry of Labour to investigate workplace accident at Bowmanville cement plant
Read more »