The British Columbia Human Rights Tribunal has dismissed a complaint from an administrative assistant at the City of Vancouver who alleged her boss showed her a picture of a “half-naked Barbie doll with two broken legs.”
The worker, D.R., filed the complaint against the City and her supervisor, U.M. Her allegations included reduced workloads, threats of termination following complaints about a co-worker, and instances of sexual harassment and intimidation.
She interpreted the Barbie photo as demeaning and harassing.
U.M. and the City contested these claims, arguing there was no basis for discrimination and that any actions taken were in line with workplace policies, not her sex. U.M. clarified that the reduction in D.R.’s workload was due to a genuine need for less administrative assistance and not gender-based.
He also explained the mentioned Barbie doll image as a harmless share from a family conversation, not intended to harass or intimidate.
The Tribunal found no substantial evidence to suggest that D.R.’s allegations were linked to her sex or that they adversely impacted her employment status. It stated, “there is no reasonable prospect (she) will be able to prove the facts necessary to make out a nexus between her sex and the decrease in work,” and remarked on the lack of evidence tying the alleged threat of termination or the incident with the Barbie doll picture to any form of sex discrimination.
In terms of the city’s response to D.R.’s complaints, the Tribunal determined that the City had acted appropriately and promptly, investigating the complaints in accordance with its policies. It concluded that the evidence could not support a finding that the City failed in its duty to address the complaints or that it was discriminatory in its handling of the situation.
It dismissed the complaint.
For more information, see Reilly v. City of Vancouver and another, 2024 BCHRT 81 (CanLII).
