Workplace Sexual Harassment

Civil Issues – Tort Claims

A claim may be in tort for conduct which is, in essence, sexual harassment. There is no specific tort under this head, but torts such as the intentional infliction of mental suffering, assault, battery, negligence and breach of fiduciary duty have been used with success. The more popular of these torts is assault and battery, followed by the intentional infliction of mental harm.

The issue of the liability of the employer on the basis of strict liability, that is, vicarious liability, is reviewed here.

As noted, Ontario is unique as its legislation by s. 46.1 allows a civil claim to enforce a human rights obligation, provided that there is a companion action.

These claims are considered in detail here.