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Janzen v Platy Enterprises Ltd : ウィキペディア英語版
Janzen v Platy Enterprises Ltd
''Janzen v Platy Enterprises Ltd'' () 1 S.C.R. 1252 is a leading Supreme Court of Canada decision on discrimination. The Court found that sexual harassment was as a form of discrimination based on sex and so was prohibited by the ''Manitoba Human Rights Act''.
==Background==
During the fall of 1982, Dianna Janzen and Tracy Govereau were both employed as waitresses at Pharos restaurant in Winnipeg, Manitoba. Tommy Grammas, a cook at the restaurant, began making sexual advances to Janzen. She repeatedly made it clear that the advances were not welcome, nonetheless they continued. When Janzen approached Eleftherois Anastasiadis, the manager of the restaurant, he said, "if it's about Tommy, I can't do anything about it." Eventually, the advances were replaced with uncooperative and threatening behaviour. When Anastasiadis was approached about it he refused to act on it and instead fired the women.
The women sued Platy Enterprises Ltd., the owner of Phraos restaurant, as well as Tommy, under section 6(1) of the ''Manitoba Human Rights Act'', for violating their right to equal opportunity by firing them because of their sex.
The Manitoba Human Rights Tribunal held that the women had been subject to sexual harassment on the basis of sex and so the restaurant owners were in violation of section 6(1) of the Act. The Court of Queen's Bench upheld the decision.
The Manitoba Court of Appeal overturned the Court of Queen's Bench. The court found that sexual harassment was not considered discrimination on the basis of sex and that the employer could not be held vicariously liable of the conduct of the employee.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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