The B.C. Human Rights Tribunal dismissed a complaint from a customer who said an employee at a Burnaby Safeway told her an inappropriate joke.
Brianne Duke alleges she was shopping at the Kensington Square store in mid-October 2017 when she was approached by an employee who said to her: “I have inappropriate dad jokes to tell you.”
Duke alleged that the employee told her some sexually suggestive jokes.
Soon after, Sobeys, which owns Safeway, received a letter from Duke’s representative.
She called the incident inappropriate and unprofessional and asked for a $250 gift card and a public apology on all Safeway social media accounts.
Sobeys said it immediately emailed the representative requesting details about the inappropriate joke for investigation purposes.
The next day, the representative sent a letter to Sobeys criticizing the email and provided a description of the employee.
Sobeys said it investigated the incident and met with an employee who confirmed that he had been a part of the joke.
According to Sobeys, the employee explained that he had been “cleaning and straightening the spice aisle, at which time he had asked a number of customers and other staff if he could tell them an inappropriate joke. If they agreed, he asked: ‘What did the prostitute say when they were late for an appointment? I’m cumin,'” a reference to the spice cumin.
The employee acknowledged that the joke was inappropriate.
Following the investigation, the employee was disciplined for inappropriate conduct.
Within two weeks, Sobeys sent Duke a gift card and issued an apology.
After receiving the card and an apology, Duke told Sobeys she didn’t feel comfortable shopping there and filed a human rights complaint, alleging the employee’s behaviour “amounts to discrimination on the basis of sex.”
In a Dec. 11 ruling, the tribunal dismissed the complaint, saying Sobeys appeared to have dealt with Duke’s complaint as soon as possible with a view to resolve the issue.
The extent of the discipline to the employee is not clear.
In a statement to Global News, Duke says “I am completely fine with the ruling and glad it was at least recognized as sexual harassment, and am happy with the compensation offered by Sobeys and consider the matter settled.”
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