canada harassment
Is calling a tenant &quot;babe&quot; sexual harassment?
<p>In the building where I pay a lot of money to live, a plumber came in my suite just to turn off a faucet, and then called me "babe" upon leaving.</p>

<p>I wasn't sending any signals, in fact I was annoyed he came in just to do that (when I could have) and I felt I was obviously showing this.</p>

<p>Do I have good right to say something to management or not?</p>

<p>My problem is that he's coming back tomorrow.</p>

<p>I will assume B.C. as your specific jurisdiction: there could be provincial differences. As phoog says, you certainly may mention this problem to management, who have an interest in keeping you happy. No law against that. As for the "legality" of sexual harassment, the <a href="http://www.cbabc.org/For-the-Public/Dial-A-Law/Scripts/Employment-and-Social-Benefits/271">CBA BC branch says</a> that "Sexual harassment, which is discrimination based on sex, is illegal under the <a href="http://www.bclaws.ca/civix/document/id/complete/statreg/96210_01">BC Human Rights Code</a>". It is interesting to see what the code actually says. Section 8 <em>Discrimination in accommodation, service and facility</em> says</p>

<blockquote>
  <p>(1) A person must not, without a bona fide and reasonable
  justification,</p>
  
  <p>(a) deny to a person or class of persons any accommodation, service or
  facility customarily available to the public, or</p>
  
  <p>(b) discriminate against a person or class of persons regarding any
  accommodation, service or facility customarily available to the public</p>
  
  <p>because of the race, colour, ancestry, place of origin, religion,
  marital status, family status, physical or mental disability, sex,
  sexual orientation or age of that person or class of persons.</p>
</blockquote>

<p>The question is whether using the term "babe" constitutes discrimination against a person regarding service because of sex.</p>

<p><a href="https://www.lawsociety.bc.ca/page.cfm?cid=1293">This article</a> on the Law Society of BC web site specifically identifies "verbal harassment" as an instance:</p>

<blockquote>
  <ol start="3">
  <li>Verbal harassment – This comes from anyone within the firm and or other workplace or a person who does business with the firm or
  company. Some examples are: referring to an adult as a <strong>babe</strong>, honey,
  girl or stud; whistling at someone; turning work discussion to sexual
  topics; asking personal questions of a sexual nature; making sexual
  comments about a person’s clothing, anatomy or looks; or asking
  someone repeatedly for dates and refusing to take no for an answer.</li>
  </ol>
</blockquote>

<p>(emphasis added). In case you're thinking that maybe there's a difference in what the code says regarding services and what it says regarding employment, section 13 <em>Discrimination in Employment</em> says:</p>

<blockquote>
  <p>(1) A person must not</p>
  
  <p>(a) refuse to employ or refuse to continue to employ a person, or</p>
  
  <p>(b) discriminate against a person regarding employment or any term or
  condition of employment</p>
  
  <p>because of the race, colour, ancestry, place of origin, political
  belief, religion, marital status, family status, physical or mental
  disability, sex, sexual orientation or age of that person or because
  that person has been convicted of a criminal or summary conviction
  offence that is unrelated to the employment or to the intended
  employment of that person.</p>
</blockquote>

<p>In other words, it is defined simply in terms of "discrimination", which means "making a distinction".</p>

<p>It is known that unwanted sexual advances constitute illegal discrimination, see <a href="https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/456/index.do">Janzen v. Platy Enterprises Ltd. [1989] 1 SCR 1252</a>. The court found that</p>

<blockquote>
  <p>Sexual harassment is a form of sex discrimination.  Sexual harassment
  in the workplace is unwelcome conduct of a sexual nature that
  detrimentally affects the work environment or leads to adverse
  job‑related consequences for the victims of the harassment.</p>
</blockquote>

<p>They did not, however, find that this is the <em>only</em> form of sexual discrimination (obviously, since it isn't). I can't point to case law indicating whether gender-biased expression are actionable, but that would be consistent with the letter of the law and "babe" is indeed an example cited in the Law Society article.</p>

<p>Possibly but probably not.</p>

<blockquote>
  <p>Sexual harassment is bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors.</p>
</blockquote>

<p>If the word "babe" was used as a direct substitute for the word "Miss" without any sexual connotation then it is not sexual harassment. It was inappropriate and unprofessional and shows, perhaps, a level of sexual discrimination on the part of the speaker and, perhaps, a generation gap.</p>

<p>If it makes you feel uncomfortable then a quick "Please don't call me 'babe'; my name is X" (where X may or may not be your real name) should resolve the issue.</p>
