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ARTICLE · 19 FEBRUARY 2021

Discrimination And Retaliation: Employee Terminated After Complaining About Inappropriate Comments On Her Appearance

In The Sales Associate v. Aurora Biomed Inc. and others, 2021 BCHRT 5 the British Columbia Human Rights Tribunal ruled in favour of a Complainant...

CanadaEmployment and HR

In The Sales Associate v. Aurora Biomed Inc. and others, 2021 BCHRT 5 the British Columbia Human Rights Tribunal ruled in favour of a Complainant who had been discriminated against on the basis of sex. This case provides important lessons for employers with regard to the importance of how subtle comments can constitute discrimination in the workplace.

Facts

A sales associate brought a complaint of discrimination and retaliation against her former employer of 13 months.

The sales associate's complaint set out that the company's founder made comments about her appearance, calling her a “beautiful lady” or “beautiful girl”, and further that she was told to “smile more”.

The sales associate brought her issues to the attention of her Supervisor, who was the Respondent's daughter. In a meeting with the Respondent and her Supervisor, the sales associate's complaints were discussed, and she was asked to sign a document stating she had not been sexually harassed. The

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