The Safeway in Burnaby where a sexual joke was told to customer Brianne Duke. (Google Maps)

Human rights complaint over ‘sexual dad joke’ at B.C. Safeway dismissed

Brianne Duke alleged Sobeys hadn’t dealt with her complaint properly

An escalating human rights complaint against a Burnaby Safeway involving a “sexual dad joke” has been dismissed.

In a decision released last week, tribunal member Catherine McCreary dismissed a complaint against the Safeway that involved an incident in October 2017.

Brianne Duke told the tribunal she had been shopping whens she was approached by an employee who claimed he had “inappropriate dad jokes” to tell her.

One of the jokes, Duke said, was: “What does a late prostitute say? I’m cumin!”

Duke alleged the employee told her other sexual jokes, but did not provide the tribunal with details.

A representative of Duke sent Safeway’s parent company, Sobeys, a letter about the “inappropriate and unprofessional” incident and asked for a $250 gift card and a public apology on all Safeway Canada social media accounts.

According to the decision, Sobeys spoke with two employees, one of whom acknowledged he had been involved.

He said he had been cleaning the spice aisle while asking customers if they wanted to hear an inappropriate joke and told the sex worker joke to those who agreed.

The employee acknowledged the joke was inappropriate, but said it was the only sexual joke he told Duke.

Sobeys disciplined the employee and sent Duke a $250 gift card, as well as an apology.

A few days later, Duke emailed Sobeys asking how the employee had been disciplined and if he was still working with the company, saying it would help her decide if she would keep shopping at the store or go elsewhere.

She was not told how or if the staffer had been disciplined, and “assumed that no discipline had occurred.”

She filed her complaint the same day.

READ MORE: Human rights complaint lodged by transgender woman against Surrey spa revisited

READ MORE: Human rights tribunal complaint by mom example of B.C. daycare “chaos,” advocate says

McCreary said there was nothing to suggest discipline hadn’t been sufficient or hadn’t taken place.

She said Sobeys had properly addressed the issue, and allowing Duke’s complaint to proceed would not advance the purposes of the human rights code.

“I am struck by the priority that Sobeys gave to the complaint. It immediately investigated and found the facts alleged by Ms. Duke to have occurred,” she wrote.

“While it claims for the purposes of this matter that the events do not amount to discrimination under the Code, Sobey’s [sic] nonetheless gave Ms. Duke what she asked for; a gift card and an apology.”

In a statement emailed to Black Press Media on Tuesday, Duke said she is pleased the tribunal at least recognized the employee’s conduct as sexual harassment, and that Sobeys and the employee have sent her additional apologies.


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Robert Barron column: A Canadian hero I wish I had talked to

Almost nobody was there on that cold Newfoundland day when Terry Fox started his run

Caps improve to 3-0

Lynn and Arquiett score two each as Caps double up Chiefs

Carving in Cowichan provided road to recovery for stroke victim

“I didn’t know if I’d be able to get out of bed or walk, let alone carve”

Sarah Simpson Column: Use your smarts to slow down early holidays

It’s Friday the 13th. There’s a full moon. A rabid bat is… Continue reading

VIDEO: Vancouver Island mayor details emergency response after fatal bus crash

Sharie Minions says she is ‘appalled’ by condition of road where bus crashed

UVic president offers condolences after two students killed in bus crash

‘We also grieve with those closest to these members of our campus community,’ Cassels says

Coming Home: B.C. fire chief and disaster dog return from hurricane-ravaged Bahamas

The pair spent roughly one week on Great Abaco Island assisting in relief efforts

Newcomer Ferland lines up with sniper Pettersson as Vancouver Canucks camp opens

Ferland provides more depth and a scoring threat up front, Pettersson says

Intelligence official charged seemed to be ‘exemplar of discretion’: UBC professor

Professor Paul Evans says he served on Cameron Ortis’s doctoral dissertation committee

B.C. police watchdog to investigate man’s head injury during RCMP arrest

Suspect fled on a bicycle and fell off when an officer attempted to stop him

Nanaimo company gets licence to test psychedelic drugs for therapy treatment

Salvation Botanicals interested in manufacturing, testing and research and development

‘A real shame’: B.C. MLA says factors behind Tolko mill closing should have been caught

Kelowna-Mission MLA Steve Thomson said the industry is in bad shape across the province

VIDEO: Seniors at B.C. assisted living facility shocked by Oct. 1 eviction notice

Building owners terminate lease for McGuire Lake Congregate Living in Salmon Arm

Most Read