The B.C. The Human Rights Court rejected the complaint of a woman allegedly said to be "inappropriate father's jokes" of a sexual nature at a Burnaby Safeway store.
Brianne Duke was shopping at Kensington Square Safeway in North Burnaby in October 2017 when she was approached by an official who said he had "inappropriate jokes" to tell, according to a court decision on Dec. 11.
She said the employee had told several jokes of a sexual nature.
The incident prompted a letter of complaint to Sobey's West Inc., owner of the Safeway store.
The letter called the jokes "inappropriate and unprofessional" and asked for a public apology and a $ 250 gift card.
After getting a description of the culprit, Sobey is investigated, and one of the store's employees admitted the incident, but said he only made a joke of a sexual nature.
"(He) explained that he was cleaning and straightening the spice hall when he asked a number of clients and other employees if he would tell them an inappropriate joke, and if they agreed, he asked" What the prostitute did? tell when they were late for an appointment? I'm cumin, "referring to the cumin seasoning he held the individual," said the court's ruling.
The clerk was punished in accordance with the decision, and Sobey sent Duke an email with an apology and an offer to provide a gift certificate of $ 250.
After receiving the gift certificate and the apology, Duke told Sobey that he was no longer comfortable shopping in the store as long as the employee was working there.
She then filed the human rights complaint, claiming that the behavior of the Safeway employee represented discrimination based on sex, unlike in the case of the B.C. Human Rights Code.
"She does not feel safer about entering the store without being sexually assaulted," the ruling said.
But court clerk Catherine McCreary dismissed her complaint.
The official's behavior may have been sexual discrimination, McCreary decided, but Sobey seemed to have dealt with Duke's complaint as quickly as possible to resolve the problem.
She noticed that Duke had asked for more measures only after Sobey had already agreed to her initial requests.
"This does not increase the code's intent to encourage a claimant to increase what is sought after receiving what they initially ask for," McCreary wrote.