Analysis of Sexual Harassment Case

This is a code of provincial jurisdiction because the owner or the nursery is violating a human rights act. Mr. Carmelo violated a human rights act because he clearly sexually harassed Neha in many ways one example of this in the text is when Mr. Carmelo laid hands on Neha by touching and holding her hips, the reason why I say this is sexual harassment is because you should never ever lay a had on a employee it doesn’t matter if you are the owner or the employer or even a employee, because if the worker is uncomfortable even if you meant it in a joking manner they may take it to serious offence and they have all rights to file a complaint to the human resource department.

Another way sexual harassment was shown is when he asked Neha to come to his apartment to have sex with him not only is this sexual harassment, but it is now classified as harassment as well because he is harassing her in multiple ways such as verbal harassment because he keeps on saying things to her that makes her uncomfortable when she denies him, especially when he askes for a kiss and she says know by asking he is already taking it to far and when she says no he should know to stop. Finally, Mr. Carmelo is also violating the legal challenges, dismissal code as he failed to provide a well detailed reason to why he fired Neha, he said he didn’t have work for her to do but after hearing Neha’s side of the story if they investigate it they will see how many people are working for Mr. Carmelo and the revenue of the business and if it shows that they are busy that proves that there was work and he failed to give a real reason because he lied.

Some reasons to why Neha wouldn’t say anything about the situation when it was happening is because she might of felt like Mr. Carmelo would fire her if she said anything and she really liked her job and she was good at it, this could have been a issue because Mr. Carmelo wouldn’t stop harassing her, making her maybe fear that if she where to report it, it would influence him to threaten her as his business would have been on the line, so he might try and attack her.

Another reason to why Neha didn’t say anything to him is because she probably didn’t want to be around him in a private enclosed space like his office because maybe she feared that he would have raped her, the reason to why I think this is one of the things that was stopping Neha is because he was trying to get her to come to his apartment to have sex with him which displays he had thoughts with her and her certainly was not afraid to show them as it were already physical, and because she would already try avoiding him meaning she would have been scared of him because of his sexual acts.

The last reason to why I think Neha didn’t confront Mr. Carmelo is maybe because she doesn’t know her rights she might be newer to the country or she just might not be educated in her own human rights therefore she wouldn’t really know he violated a lot of acts and codes, which would make sense because since he is her employer maybe he purposely didn’t go over any of her rights in any paper work or orientation which is also not legal, because all employees should know about there rights.

Neha has all rights to speak to Mr. Carmelo about him sexually harassing her as it is apart of her rights as a worker, I don’t think that she should confront him about it though because it is such a bad case and it is also physical I think that she should just report it or at least report it before she goes so if anything happens to her they know she reported it before she went.

One Human Rights Code that Mr. Carmelo violated was harassment in employment and harassment in accommodation which states “every person who occupies accommodation has a right to freedom from the landlord or agent” what this means is every worker has a right to go to work and not be harassed especially when the harassment is coming from the owner which is really unprofessional and should not happen.

Another human rights code that he violated sexual harassment “Every person who occupies accommodation has the right to freedom from harassment because of sex, sexual orientation, gender Identity or gender expression.” This explains that every worker has the right to be free at work and not have to worry and feel like you are in danger because of sexual harassment that happens at your work place.

If Neha was swapped out of the situation with a male everything would still be the same all codes would still be the same and they will all still be violated males get sexually harassed at there work place as well. In 2017 a survey was done and 22% of Canadians are sexually harassed at there workplace every 3 in 10 women and every 1 in 10 men are sexually harassed making it more likely for women but its still happens to males, it is also important they are aware that all employees have the same rights. No matter the case female boss to female employee, female boss to male employee, male boss to female employee, and even male boss to male employee they all have the same rights and they would all still fall under the same codes under sexual harassment. It can be a Female or male boss but either way it is a poisoned work environment due to these acts of sexual harassment.