By: Matthew Benoit*
Real estate can be a challenging area to work in. The industry frequently presents risky situations to workers, who may feel required to engage with these situations as “part of the job.” Agents are commonly expected to meet with clients, who are often strangers, alone in homes that could be secluded or lack cell reception. This, in particular, poses dangers to women in the industry. This can be compounded by sexual harassment that occurs in the professional environment as well.
Sexual harassment in the workplace often occurs in situations of an unequal distribution of power. Workers are harassed by their supervisors, and because of the imbalance of power between these two positions, they often feel powerless to safeguard their rights or address the issue. This is especially heightened in situations where supervisors also perform a mentorship role. This is often the case in real estate, where senior members of a firm or agency often train and mentor newer workers.
In Panucci v. Seller’s Choice Stockdale Realty Ltd., 2015 HRTO 1579, the Human Rights Tribunal of Ontario (HRTO) found that a salesperson working under a broker of record at a real estate brokerage firm was discriminated against and harassed. She worked for the firm from 2007 to 2012, and she enjoyed a professional and respectful relationship for much of that time. However, beginning in late 2011 or early 2012, she began to receive commentary about her looks from her supervising broker. He also began to impose physical contact on her, hugging her and, on one occasion, caressing her in a dimly lit room. After she confronted the broker about his conduct, their work relationship turned frosty, and he stopped assisting her with getting new listings or providing her with much guidance. In that case, the Tribunal ordered the firm to pay $15,000 to Ms. Panucci for violating her inherent right to be free from discrimination and for injury to dignity, feelings and self-respect. The Tribunal also ordered the firm to develop and implement a policy for preventing and addressing sexual harassment in the workplace.
Where conduct by supervisors crosses the line into harassment, so supervisees should feel comfortable addressing the conduct directly, setting personal boundaries, and reporting behaviour. Workers should also be cared for during the investigation and remediation of sexual harassment complaints. Likewise, supervisors should be careful to avoid behaviours that might make their supervisees uncomfortable. They should be mindful of how their behaviour might affect workers and vigilant for any signs of worker discomfort. An open and responsive conversation where such a situation arises inadvertently can give all parties peace of mind and avoid the consequences of potential litigation.
*Matthew Benoit grew up in St. Thomas, Ontario. He received his law degree at the University of Toronto after receiving an HBA and an MA in English at Wilfrid Laurier University and Lakehead University, respectively. He was awarded Lakehead University President’s Award for his academic accomplishment, community service, and contribution to the university's welfare. His academic interests include comics, Indigenous literature, literary theory, ludo-narratives, Medieval and Early Modern literature, and science fiction. His areas of legal interest are administrative, constitutional, and criminal law. He is articling at the Northumberland Community Legal Centre and previously summered at the Middlesex County Crown Attorney’s Office. He enjoys academic writing, hiking, gaming, fencing, tennis, and weightlifting.
Disclaimer: This post contains general legal information as of January 21, 2025, that may or may not apply in a particular situation. It is important to note that the law, government policies and available programs can change, and this blog will not be updated to reflect these changes. It is highly recommended to seek legal advice from a lawyer about your particular situation.
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