The BC Human Rights Tribunal has sent a loud and clear message that they are taking sexual assault and harassment seriously and willing to award significant damages to compensate victims. In Ms L and Clear Pacific Holdings and others, the Tribunal awarded $100,000 for injury to dignity, the second highest award that has been made by the Tribunal and the largest for sexual harassment. The respondent did not participate in the proceedings. The complainant gave evidence that during her employment she was subjected to physical assault, sexual assault and sexual harassment. She testified that her wages were withheld, and she was subjected to economic and emotional abuse. Ultimately, the complainant was physically assaulted and left stranded in a foreign country.
The Tribunal emphasized that the purpose of an injury to dignity award is to compensate the complainant, not to punish the respondent. In determining the appropriate award, the Tribunal took into consideration the three factors established as being relevant to determination of quantum:
- The nature of the discrimination.
- The social context or vulnerability.
- The effect on the complainant.
While these factors are applied, the Tribunal's aim is to compensate the complainant for the actual injury to dignity that she has suffered.
In applying these factors to Ms. L, the Tribunal found that the nature of discrimination itself was extremely serious. It occurred over a course of 21 months and included physical and sexual assault as well as sexual harassment and emotional and economic abuse. The discrimination ultimately resulted in the loss of her employment and an inability to work in any capacity for a period of time, a factor which the Tribunal put significant weight on. The Tribunal also considered the social inequality that Ms. L was subject to and the profound power imbalance that was inherent in the relationship between Ms. L and her employer. Ms. L also at the time of the abuse was dealing with an active substance use disorder and was engaged in expensive court proceedings with her abusive ex-husband over his refusal to pay spousal support. The respondent was seventeen years older than the complainant and positioned himself as her mentor and caretaker. The abuse and Ms. L's work took place in isolation on the respondent's boat. The Tribunal found that the respondent leveraged the power imbalance to enable his abuse.
The award of $100,000 for injury to dignity represents the highest award ever made by the BC Human Rights Tribunal for injury to dignity for sexual harassment. This award marks a new benchmark for awards for injury to dignity and continues the trend of increased awards for injury to dignity by the Tribunal.
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