Over the last few years, decision-makers have regularly been called on to interpret the meaning of “harassment”. The decisions don’t typically put much emphasis on subjective elements, such as the perception of the victim. However, an arbitrator in Quebec recently did just that. In the case, the arbitrator reinstated an employee who had been fired for sexually harassing a female co-worker. Why? Because the victim was not truly offended by the sexual content of the messages the harasser posted on social media. This decision suggests that the perception of the victim of harassment may be an element to be considered when determining the appropriateness of the sanction imposed on the harasser. Time will tell if this angle of analysis will be followed by other arbitrators. In the meantime, employers in all provinces should be aware that the perception of the victim may be viewed as a mitigating factor.