Workplace Sexual Harassment

More on Employer Liability

Employer Liability

This issue is reviewed in detail here. This issue is particularly important in Ontario for allegations of direct sexual harassment, as the employer has no deemed liability for such conduct.

Notwithstanding the unusual restrictions of the Ontario code, an employer will still be directly liable, in Ontario and all jurisdictions, for a poisoned workplace, General Reprisal, the failure to investigate, and in circumstances of organic liability.

The failure to investigate complaint is often accompanied by an allegation of a poisoned workplace, that is, the failure to do so, contributed to this conclusion. This issue takes on more significance where the alleged wrongdoing has been able to continue due to the failure to respond to the complaint.

As is the case with all human rights remedies, there are possible claims for lost income, reinstatement and future lost income. These are reviewed in detail in Employment Law Human Rights remedies.

The possible tort claims such as the intentional infliction of mental suffering, assault and battery are also considered in Exceptional Damage Awards. The same review explores also damage claims for aggravated and punitive damages for unfair conduct and/or the failure to conduct a proper investigation of employee complaints, all of which will potentially be relevant to adverse treatment due to sexual harassment.

The sums allowed as damage claims for lost income, past and future have been significant in human rights remedies. The same is so for tort awards.