What is the test for determining whether a plaintiff has been sexually harassed or sexually harassed?
British Columbia, Canada
The following excerpt is from Pratten v. British Columbia (Attorney General), 2011 BCSC 656 (CanLII):
The inquiry into this factor, as with all the contextual factors, must be conducted from the perspective of the reasonable claimant, that is, a reasonable person, dispassionate and fully apprised of the circumstances, possessed of similar attributes to, and under similar circumstances as, the claimant. However, even if a legislative distinction serves a relevant ameliorative purpose, the reasonable claimant may still perceive that his or her dignity has been infringed. See Trociuk v. British Columbia (Attorney General), 2003 SCC 34, [2003] 1 S.C.R. 835, at para. 28.
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