A recent B.C. Human Rights Tribunal decision serves to remind
employers of their duty to provide a discrimination-free
workplace.
Complaint
In Beharrell v. EVL Nursery, 2018 BCHRT 62,
the complainant alleged that she was subjected to sexualized
comments by a customer's truck driver, and that her employer
did not respond appropriately when she raised the issue. The
complainant alleged that her supervisors indicated that they would
speak to the truck driver if he returned, but that one of them
expressed reservations "because EVL's relationship with
its customer could be harmed."
Application to Dismiss
The employer applied to have the complaint dismissed on a
preliminary basis, stating that it had taken appropriate action by
offering to speak with the driver. The employer also noted that the
'supervisors' with whom the complainant spoke were not part
of management, and had never made the allegations known to
management, which did not become aware of them until
