Canadian Employment Law Today

Canadian HR Reporter, 2020 4 Toronto police officer gets $85,000 for sexual harassment, discrimination A FEMALE Toronto police officer has been awarded $85,000 in damages after enduring a campaign of sexual harassment and a poi- soned work environment while working in the male-dominated police service. Heather McWilliam started working as a police officer in Toronto in October 2005. She quickly found success in her job, receiv - ing awards and commendations from the To- ronto Police Service (TPS) and accolades for being a dependable, reliable and dedicated police officer. However, a relatively low proportion of of- ficers in the TPS were women, so McWilliam was usually one of only two or three women in her platoon at any one time, with only two at the most on shift together. Often, she was the only woman present. As a result, there was a tendency toward sexist comments, jokes and behaviour by male police officers that McWilliam and other female officers were pressured to tolerate. McWilliam was the target of much sexu - ally themed and inappropriate behaviour from male officers in her platoon, including: • A staff sergeant — a higher rank than that of McWilliam's police constable — com- mented that he would rather see her "in her high brown boots" than her uniform. On another occasion, he told McWilliam that he had been admiring the physical appearance of a female civilian at the front desk and he liked her large breasts and blonde hair. • The same staff sergeant commented that he would like to spank her in private over an offence notice that needed to be fixed. After McWilliam made it clear that the comment was unwelcome and embar - rassing, the staff sergeant stood in the doorway as she tried to leave and called her name in a raised voice, which he said was an attempt to apologize. • The same staff sergeant later commented that he would like McWilliam's phone number in a "creepy or flirtatious sexual tone of voice." • The staff sergeant asked her in front of a detective whether she preferred him with a goatee or no facial hair and said only her opinion mattered. Afterwards, the detective remarked that it was odd. • The staff sergeant started a conversation in the office in which he mentioned that he used to be a "player" and a "ladies man" when he was younger. • After a discussion that she used to ride a horse with the RCMP, another constable remarked that "I would like her to ride my horse" followed by most of the other male officers present laughing. • At a crime scene, a sergeant showed a detective a photo of McWilliam in a bikini from Facebook and later showed it to others. A few days later, McWilliam saw the photo used as background wallpaper on the sergeant's computer. He took the photo down after she asked him to do so. • In October 2012, a staff sergeant threat - ened her career in a meeting. McWilliam told a detective sergeant, who invited her to meet him at a bar where he'd be having drinks with other police officers. At the bar, the sergeant of her platoon, Angelo Costa, gave hugs to everyone before he left. When he approached McWilliam, he grabbed her shoulders, pushed his lips onto hers and tried to push his tongue into her mouth. She resisted and felt "dis - gusted and humiliated." She didn't dis- cuss it with anyone present, but she told her mother about it afterwards. She filed a sexual assault complaint with the TPS special investigations unit, but it found no reasonable grounds to the allegation after interviewing some of the people present at the bar but not McWilliam. • A staff sergeant handed her a note during a shift that said "You are smokin' hot." Some time later, after McWilliam had made a complaint against another staff sergeant, this one approached her and thanked her for not making a complaint about the note because he had "just been joking." • The same staff sergeant who had given her the note told her multiple times that he had watched her on the security cameras while she was in the gym. He also often commented on her clothing, changes in her weight, the way she "liked to party" and that "there must be a lot of men coming and going from her house." • Costa, the sergeant in her platoon who kissed her in the bar, told her multiple times that he wanted to take her for wine and a picnic. He also told her that he was good at oral sex and that he could satisfy her sexually. Another time he whispered in her ear that he wanted to lick her. • After learning of a complaint McWilliam made about the staff sergeant's spanking comment, Costa said he would have been able to resolve the matter "without all of this" and made her feel like other officers were afraid to talk to her. • McWilliam suffered a neck injury in November 2013. While she was off work, Costa called her about her choices for vacation leave. When she remarked that it was difficult being off work and not being able to do anything, Costa replied that he could put her neck to good use and laughed. McWilliam was disgusted and changed the subject. • In December 2013 or January 2014, Costa demonstrated during parade at the start of the shift, in front of her and 10 male officers, how he would perform oral sex on a woman and then how he masturbated. A short time later, Costa made jokes about engaging in sexual acts with women during parade. Costa, the superintendent, and a staff sergeant then looked over to McWilliam, who put her head down and looked at her notebook. • Around the same time, McWilliam was working at the front desk with another fe - male officer. Costa came out of his office and asked the other officer if she was "on her rags" and when she didn't respond, CASE IN POINT: SEXUAL HARASSMENT Traditionally male-dominated occupations have been in the spotlight in recent years for workplaces that aren't always accepting of women. Police forces in particular have been exposed for their normalization of sexism and tolerance of sexual harassment. A female Toronto police officer faced this type of work environment and recently received $85,000 for a campaign of harassment that contributed to mental health issues and ended her career. BACKGROUND BY JEFFREY R. SMITH Worker faced sexualized comments, jokes — and even a forced kiss — from higher-ranking officers There was a tendency toward sexist comments, jokes and behaviour that female officers were pressured to tolerate.

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