Case Study

Sexual Harassment as Discrimination

In a landmark case in 1989, the Supreme Court of Canada ruled that sexual harassment constituted a
prohibited form of discrimination under Canadian human rights legislation. Shortly after Ms. Diana
Janzen accepted a position in a restaurant, she began to experience unwanted sexual advances from the
cook, Tommy Gammas. He would make suggestive comments and touch Ms. Janzen inappropriately.
After repeated and force objections by Ms. Janzen over a month-long period to Mr. Grammas regarding
his continued unwanted and inappropriate behaviour, the cook finally desisted. Mr. Grammas, however,
then began a campaign of a threatening behaviour, continually criticizing Ms. Janzen’s work and refusing
to cooperate with her in the fulfillment of their mutual responsibilities with respect to the operation of
the restaurant. The manager of the restaurant refused to intervene and insinuated that Ms. Janzen was
herself responsible for the cook’s conduct.

Two weeks before Ms. Janzen quit her job at the restaurant, another woman, Tracy Johnson, was hired.
Within a week, she experienced the same type of sexual harassment as Ms. Janzen. Tracy Johnson
strongly objected to the cook’s behaviour and complained to the manager. She was subsequently fired.
Both women testified that they were unable to find alternative employment for several months and had
suffered a significant degree of mental anguish following their treatment by the restaurant cook and
manager.

The Supreme Court of Canada ruled that sexual harassment also constituted discrimination under
human rights legislation. While those engaging in sexual harassment may not realize that they are
unfairly discriminating based on gender, they are creating a work environment that leads to adverse
work-related consequences for their victims.

Case Questions:

1. What are the ethical issues relevant to this case? (5%)

2. What, ethically speaking, should employers and employees be aware of in cases of sexual
harassment? (5%)
3. In your opinion, were Ms. Janzen and Ms. Johnson being discriminated against? (5%)