When a Business Owner Sexually Harassed an Employee, His Company Paid

AuthorYosie Saint-Cyr
DateJanuary 15, 2015

In Emslie v Doholoco Holdings Ltd., the Manitoba Human Rights Adjudication Panel concluded that the company’s owner sexually harassed an employee and the company was liable as the employer-for an award of $36,000.

Facts of the case

Traci Emslie, a 35-year-old single mother began working with Doholoco Holdings Ltd. in March 2009. Doholoco Holdings Ltd. operates retail stores in Winkler and Steinbach, Manitoba, which combine a franchise of The UPS Store with a Sears catalogue outlet. Doholoco employees work at both businesses. Douglas Homick is the President and sole director of Doholoco Holdings Ltd.

When the Winkler store manager left the company in 2010, Emslie began taking over more management functions. Emslie and Homick were often the only people working in the store.

Soon, Homick’s attitude toward Emslie changed; he began a stream of sexually tinged comments. Here are a few examples:

Mr. Homick would suggest that one of the UPS drivers wanted to sleep with the complainant [Emslie]. He might ask, “Do you need help going to the bathroom?” He would point to the underwear section of a catalogue and say, “These are going to be your new uniform.” When the wooden casing had to be removed from a fridge that was delivered to the Sears outlet he might say, “It’s time to get down on your hands and knees and screw.”

In other contexts, Mr. Homick’s remarks would simply be vulgar.

Although Emslie felt uncomfortable, she seldom objected to Homick’s constant stream of sexual references. She sometimes sent him text messages objecting to something he had said or done. Nevertheless Homick kept up with them.

Things soon escalated. One day in late 2010, Emslie’s shoulder started acting up while she was at work. Homick noticed that she was in pain and offered to massage her shoulder. She let him rub her shoulder through her clothing and she felt better. Afterward, Homick was constantly saying, “Do you need a backrub? Do you want a backrub? I think you need a backrub?” The Sears part of the store also had a display of mattresses and Homick kept suggesting that he pull a mattress down.

On Friday, February 11, 2011, at closing time, Homick pulled down a mattress and moved it to a storage area, out of public view. He told Emslie “See you on the bed.”

Emslie reluctantly walked over to the bed and sat down, obeying her boss. She informed Homick that she needed to pick up her daughter. Homick started rubbing her back. He also rubbed her feet and the inside of her thighs. He did...

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