Is harassment on the prohibited ground of sexual orientation discrimination in the school environment discriminatory?
British Columbia, Canada
The following excerpt is from School District No. 44 (North Vancouver) v. Jubran, 2005 BCCA 201 (CanLII):
The Tribunal reasoned that harassment, with respect to a prohibited ground of discrimination, is discrimination. She applied the law relating to sexual harassment in the employment setting to harassment on the prohibited ground of sexual orientation in the school environment, citing (at para. 91) Robichaud at 88-89; Janzen v. Platy Enterprises Ltd., 1989 CanLII 97 (SCC), [1989] 1 S.C.R. 1252.
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