Power Is at the Core of Sexual Harassment

I feel compelled to comment whenever a sexual harassment complaint is dismissed based on the “woman scorned” trope.

When a decision leans on the idea that a complaint was motivated by rejection rather than harm, it risks reinforcing harmful myths about false allegations. Those allegations are exceedingly rare, yet the narrative persists. And when it does, it sends a message to others watching: you may not be believed.

A recent decision of the Human Rights Tribunal of Ontario in Assaf v Soler D & V Licensing raises serious concerns in this regard.

I am careful not to claim that sexual harassment definitively occurred in this case as I haven't seen the evidentiary record. But aspects of the reasoning raise concerns about how sexual harassment is being understood and assessed under human rights law.

The Allegations

The applicant was a rank-and-file employee at a corporate licensing services company. She alleged that an office supervisor pressured her into an unwanted romantic relationship.

The respondent said the relationship was mutual. He argued that the harassment allegation only arose after he attempted to end the relationship.

The Tribunal accepted his version and dismissed the application.

What concerns me is not simply the outcome. It is how the power dynamics were analyzed, or not analyzed, in reaching that outcome.

A Narrow View of Power

One of the central findings was that there could not have been an abuse of power because the respondent was not the applicant’s direct supervisor.

But this formalistic assessment of hierarchy was undermined by a later finding that the respondent had attempted to deny the applicant’s request to leave early for her child’s school appointment.

Even setting that aside, sexual harassment does not depend on a direct reporting relationship.

Organizational power can exist simply by being more senior. Social power can exist based on race, gender, family status, or other intersecting grounds. In this case, the applicant was a racialized single mother. Those dynamics matter.

A narrow reading of power, limited to who does the hiring and firing, risks overlooking how pressure actually operates in workplaces.

The Onus in Power-Imbalanced Relationships

There was also little meaningful analysis of what steps the respondent took to ensure that the alleged relationship was welcome.

Where a power differential exists, the law has long recognized that there is a greater onus on the more powerful party to ensure that conduct is genuinely welcome. Silence, acquiescence, or delayed objection are not reliable indicators of welcomeness. Sometimes, the fawning response is the only response available to a complainant.

Without a careful examination of that onus, the analysis risks defaulting to surface-level impressions.

The “Ideal Victim” Problem

The decision also appeared to accept the logic that, if the allegations were true, the applicant would have reported immediately to police or HR.

This reasoning reflects what courts have increasingly rejected as the “ideal victim” myth: the assumption that a person who has experienced harassment will respond in a particular, immediate, and forceful way.

The Ontario Court of Appeal addressed this issue just last year in Metrolinx, cautioning against relying on stereotypical expectations about how victims behave.

Delay in reporting is common. It can stem from fear of retaliation, economic vulnerability, uncertainty about how the system will respond, prior experiences of not being believed, and many other reasonable grounds.

When adjudicators rely on assumptions about how someone “should” react, they risk reinforcing barriers to disclosure.

Why This Matters for Workplaces

This is not simply an academic debate about legal doctrine.

Tribunal and court decisions shape how employers, investigators, and HR professionals interpret sexual harassment. If power is misunderstood at the adjudicative level, that misunderstanding can filter down into workplace processes.

Sexual harassment is not primarily about sexual desire. It is about power. It is about who feels entitled to initiate, persist, or define a situation and who feels constrained in how they can respond.

When we treat harassment as requiring overtly sexual language, explicit threats, or direct supervisory control, we narrow the concept beyond what the law intends and enable harm to continue.

A Call for Careful Analysis

There are additional issues in the decision that warrant discussion. But the broader point is this: caution is warranted before treating this case as a reliable guide for resolving sexual harassment allegations.

Workplace leaders, investigators, and decision-makers should continue to approach these matters with a nuanced understanding of power, consent, and credibility,  informed by current case law and social context.

Sexual harassment can be layered and complex. It requires careful analysis, not shortcuts based on stereotypes.

When we get the analysis right, we strengthen not only legal compliance but also the integrity of workplace systems.

A Practical Next Step for Employers

Sexual harassment assessments require more than a checklist. They require a careful understanding of power, consent, credibility, and workplace context.

If your organization conducts internal investigations, relies on external investigators, or provides leadership training on harassment, it may be worth reviewing how power dynamics are being analyzed in practice.

Are decision-makers equipped to recognize non-obvious forms of power?
Are reporting delays being interpreted fairly?
Are investigators trained to assess credibility without relying on stereotypes?

I conduct independent workplace investigations and bring particular depth to matters involving sexual harassment and other forms of gender-based workplace harm. My approach is grounded in procedural fairness and informed by a careful understanding of how power operates in institutional settings.

If you would like support reviewing your investigation processes, leadership training, or harassment response framework, you are welcome to reach out through the contact form. I would be pleased to discuss how I can assist.

‍

‍