For reference file # 8402 date issued January 17, 2013
Indexed as MacDonald v. Najafi and another (No.2) 2013 BCHRT 13
Facts
The case I picked was heard on June 18 to19, 2012 in front of Murray Geiger Adams who is a member of the tribunal. The claimant is Ms. Macdonald, who is a university grad that moved to Vancouver from Calgary. The respondents are Mr. Najafi and his company Sign-A-Rama based in Vancouver. Mr. Najafi’s has adult children and is in his 60’s lived in Iraq for 40 years then moved to Canada in 1995. Mr. Najafi opened the sign business in 2007 and Ms. Macdonald started to work there in October 2009 as a Receptionist and Graphic Designer. Ms. Macdonald was the only female working there and making $14/hour. She filed a report with the Vancouver police department and was told to quit her job as she was being harassed. She was emotionally upset feeling demeaned and very uncomfortable about how she was treated. She had to use social assistance as EI would not cover her as she did not have enough hours and was using food bank to survive.
Alleged discrimination / Violation of the code
Mr. Najafi would make inappropriate comments to Ms. MacDonald for example on a cold day Mr. Najafi asked Ms. Macdonald if she needed a man to keep her warm. Another time Mr. Najafi told Ms. Macdonald that they should get married. Mr. Najafi would point at the seat next to him saying hey expecting her to come and sit next to him. He also pointed towards her and says come here. On a few occasions he whistled at her to come over at which point she told him she did not like to be treated that way and to use her name. Mr. Najafi kept on whistling at her on many occasions. One day Mr. Najafi was commenting on how a woman won an Oscar and how they steal from men, to avoid a situation Ms. Macdonald did not comment. Also Mr. Najafi made comments about her physically calling her fat, sexy and hot. Under the Human rights code section 13(1) which