Sexual Harassment Laws: Still Striving To Find The Balance*

Determining the validity of a complaint of workplace sexual harassment requires careful consideration of the facts and a balancing of social policy considerations. Sexual harassment as a form of discrimination based on sex is degrading, demeaning, and may have significant and negative effects upon the victim, particularly when there is a power imbalance between the complainant (employee) and the respondent (employer/supervisor).

Nonetheless, Human Rights Tribunals across Canada have struggled with balancing the need to enforce sexual harassment laws with the desire to avoid having them develop in a manner that unreasonably inhibits normal social conduct. In order to strike a balance between these competing priorities, Tribunals are sometimes willing to consider whether the behaviour complained of is normal social behaviour or whether the complainant contributed to the creation of an environment where such behaviour would be considered acceptable. Given the