It is the basic principal right of the individual to be treated equally. This right has been ensured by the human rights also. However, when a person has been discriminated due to his or her sexuality, such discrimination could be regarded as sexual discrimination. The matter related to the sexual discrimination is an illegal process and according to the Universal Declaration of human Rights, every person should have equal rights and they will not be treated differently in respect of their sex, caste, creed or anything else. Certain legislations have also been implemented for abolishing sexual harassment from the society and from the employment. This practice has infected the society to certain greater extent and there are certain cases where the court has pronounced necessary judgments. However, it has been observed that the application of this act has not been resolved. Certain researches have been made upon this matter and certain theories have been generated thereto. This report is going to deal with all such theories and certain cases have been mentioned in the report to understand the perspective of this social ill.
In Canada, sexual discrimination has become a serious social issue and certain steps have been taken by the government to curb the application of this heinous crime whether in the society or in the workplaces. Certain prohibitions have been provided under section 6 of the Manitoba Human Rights Act. However, certain recommendations have been made by the court in the case of Janzen v Platy Enterprises Ltd [1989] 59 D.L.R. 352. In Canada, there are certain constitutional and statutory prohibitions on the sexual harassment or the sex discrimination. Canada’s constitution has made certain provisions for the maintenance of equal rights and opportunities for the citizen and in this regard, certain Charter of Rights has been inserted in the constitution under Canada Act 1982. It has been mentioned under section 5 of the charter that every citizen will get equal democratic rights and opportunities in every sphere of his life. Law protects those rights and the infringing party has to face penal provisions. The rule regarding the sexual harassment has been ruled out by the Canadian Supreme Court in the case of Andrews v Law Society of British Columbia 1 S.C.R. 143 (1989). A specific definition has been given in this case where the Supreme Court has stated that discrimination shows certain distinctions relating to the personal characteristics, it imposed certain additional social burdens on the discriminated persons, and they are disadvantaged socially. Considering the statement, it can be stated that discrimination is a social issue. However, certain justifications have been given by the Canadian Supreme Court in the case of Stoffman v Vancouver General Hospital (1990) 3 S.C.R. 483, where certain limitations have been imposed by the Supreme Court on the action of the government on the sex discrimination.
There are various theories that has made attempts to discuss the scope and application of sexual harassment from different perspectives. Further, it helps to identify the effectiveness of this social crime invariably. According to the researches made on this topic, it can be stated that there are three theories mentioned in general regarding the sex discrimination such as:
In Canada, sexual discrimination is an offence and it has been taken into place at a stretch. In every sphere of the social life, certain people have to face sexual distinction and it creates harmful impression on the societal life of Canada. The Human Rights Commission has made allegations that complaints are generated from both the federal and provincial level. The Angus Reid Institute has made a public interest research in 2016 where it has been mentioned that the women are facing severe sexual harassment in the society as well as in the workplaces. Certain policies have been adopted from United Nations’ Declaration of the Elimination of Violence against Women, where certain voice has been raised against violation to women. According to Policy on preventing sexual and gender-based harassment (2013), negative attitude is reflecting against the women and according to this policy, sexual discrimination is a direct offence against the dignity of a human individual. Further, according to the information derived from National Household Survey (2011), it has been observed that the provision of the Human Rights Code is infringed most of the time and society has been affected by this mentality.
According to a National Report published in the year 2014, it has been shown that sexual harassment in the workplace has become daily incidence in Canada. Further, it has been observed that the provisions of the Employment Standard Act 2000 has provided certain grounds so that every employee could get equal opportunity in the work place and therefore, they should not be deprived of their employment rights. However, in reality, separate ideology can be observed. The provision regarding the workplace harassment has been codified through the case of Janzen v Platy Enterprises Ltd. in this case; workplace harassment has been regarded as illegal practice. In Canada, the principal legislative approach regarding workplace prohibition is the Canadian Human Rights Act. According to section 7 of the Act, there are two situations where the employees have to face sexual harassment during the employment such (i) at the time of appointment, and (ii) during the course of employment. Further provisions have been mentioned in the Canadian Labour Code. According to section 17 of the Act, it is the fundamental rights of the employees to get sexual discrimination free atmosphere. Further, certain duties have been imposed on the employers so that they could all the necessary efforts against the allegations regarding the sexual harassment. The Canadian human rights maintain certain preferential status and there are certain obligations mentioned in this provision. Such obligations have been pointed out in the case of Action travail des femmes v. CN 40 D.L.R.4th 193 (Can. 1987).
According to the contentions of the third approach or theory, sexual discrimination always shows certain gender-based approach and most of the time, it has been observed that the women of the society are affected by such discrimination. Canada is not an exception to this general rule and it has been observed that the women of the country have to face various types of discrimination both in the society and in the employment area. According to Elizabeth Meyer, the behavioural approach made in this case reflects the conventional heterosexual gender norms. No specific definition of the gender identity has been given the Code. However, it has been mentioned in the case of Demars v. Brampton Youth Hockey Association (2011), most of the women in Canada are facing gender discrimination and acts received from the male employees attempt to outrage their modesty. In the words of Stockdale (1999), inappropriate behaviour is a device to keep up a manly order that prizes men who have the essential manly attributes. Ladies are stuck a twofold predicament in circumstances controlled by men with an inclination to bother. In the event that they endeavour to break customary female sexual orientation parts, for example, entering generally male occupations, they might be focused for provocation as methods for prevention. In the event that they comply with conventional well-mannered sex parts, for example, dressing in well-mannered ways or involving generally female employments, they may summon sexual consideration, which shifts consideration from their specialist status to a sexual companion status. Both types of badgering against women serve to keep up business as usual of male strength.
There are certain cases filed against the sex discrimination in Canada and many rules have been implemented regarding the issue. It has been observed in Shaw v Levac Supply Ltd. (1990) that negative comments against the physical appearance could be treated as sexual discrimination. Further, it has been held that if the comments of the co-worker are to identify the physical unattractiveness of the women, this could lead to the sexual discrimination. Further, in Fornwald v. Astrographic Industries Ltd. (1996), it has been observed that if any comments of the co-worker attempt to disregard the modesty of any woman worker, this could also fall within the purview of the sexual discrimination approach. There are certain perspectives where the women are adjudged for their behaviour and it has been held in Farris v. Staubach Ontario Inc., 2011 that no woman employee could be treated indifferently for their attitudes. Sex discrimination is a burning topic in Canada and it has been observed in many cases that most of the women are facing serious sexual harassment at their workplace and this has created serious social implication. It has been observed in the case of Sanchez v. City of Miami Beach, 720 F. Supp. 974 (S.D. Fla. 1989) that the female police officers are also have to face serious sexual comments and attitudes from their male colleagues. Further, according to the National Report on Human Rights, men has also have to face sexual harassment for their behaviour in Canada. In Shroff v. Tipco 2009 HRTO 1405, it has been observed that if any man has to hear obnoxious comments for his lifestyle or choices, it would lead to sexual harassment. Therefore, it can be stated that sex discrimination has become a serious social issue in Canada.
However, certain weak points can be observed in the early doctrinal jurisprudence in Canada regarding sex discrimination. At the very inception, the Canadian courts are concentrating on whether sexual harassment forms part of the provisions of the sex discrimination as mentioned in various human rights code. Certain rules regarding the workplace harassment has been observed in the Bell v Ladas 27 L.A.C.2d 227 C.H.R.R. 1980. The main root cause for sexual discrimination has been engraved in the culture of Canada. Several legislations are there to defend the grounds; however, change is required to be made in the mentality of the society. In case of maintaining healthy social relationship, the principle of equity and equality is required to be maintained between both the men and women. However, in Canada, a gender gap can be observed between different classes of the society. According to the report made by Society for Human Resource Management, the women in the society are facing great dilemma regarding the sex discrimination and the ratio is growing in nature. According to Foster and Jacobs (2017), affirmative action and equal payment process are required to be generated to manage the diversity and competing equalities is the prime agenda for the Canadian workplace to maintain equality regarding the sex discrimination. Barak (2016) has provided certain global context to deal with the problem and he has concentrated over the theoretical perspective to handle the problems regarding the sexual harassment. Further, Wathen et al., 2018 has stated that sexual harassment has increased the cases of domestic violation and it is required to take all the possible steps to curb this social curse.
Conclusion:
To conclude, it can be stated that issues related to the sex discrimination has become an important topic in the society of Canada. Further, it has been observed that certain classes of people have to face serious discriminatory statement in the society or in the employment. Ample of cases have identified the severity of the offence. Number of legislations has been implemented in this effect. However, a change in the mentality is required to curb this issue.
Reference:
Action travail des femmes v. CN 40 D.L.R.4th 193 (Can. 1987)
Andrews v Law Society of British Columbia 1 S.C.R. 143 (1989)
Barak, M. E. M. (2016). Managing diversity: Toward a globally inclusive workplace. Sage Publications.
Bell v Ladas 27 L.A.C.2d 227 C.H.R.R. 1980
Canada Act 1982
Demars v. Brampton Youth Hockey Association (2011)
Employment Standard Act 2000
Farris v. Staubach Ontario Inc., 2011
Fornwald v. Astrographic Industries Ltd. (1996)
Foster, L. P., & Jacobs, L. (2017). Inclusive Workplace Practice in Canada: Competing Equalities in an Industrial-Mobile Society.
Janzen v Platy Enterprises Ltd [1989] 59 D.L.R. 352
Ozeren, E. (2014). Sexual orientation discrimination in the workplace: A systematic review of literature. Procedia-Social and Behavioral Sciences, 109, 1203-1215.
Sanchez v. City of Miami Beach, 720 F. Supp. 974 (S.D. Fla. 1989)
Sargeant, M. (2016). Age discrimination in employment. Routledge.
Shaw v Levac Supply Ltd. (1990)
Shroff v. Tipco 2009 HRTO 1405
Stockdale, M. S., Visio, M., & Batra, L. (1999). The sexual harassment of men: Evidence for a broader theory of sexual harassment and sex discrimination. Psychology, Public Policy, and Law, 5(3), 630.
Stoffman v Vancouver General Hospital (1990) 3 S.C.R. 483
Wathen, C. N., MacGregor, J. C., Tanaka, M., & MacQuarrie, B. J. (2018). The impact of intimate partner violence on the health and work of gender and sexual minorities in Canada. International journal of public health, 1-11.
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