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Workplace Sexual Harassment
Liability, Proof, Remedies, Damages & Related Employment Issues
This chapter examines workplace sexual harassment from complaint through remedy,
including employer liability, evidentiary and credibility issues, human rights damages,
civil claims, constructive dismissal, discipline, workplace relationships and settlement issues.
Getting Started: Complaint & Employer Liability
The statutory complaint process and the principles governing employer responsibility
for workplace sexual harassment.
Defining Workplace Sexual Harassment
The legal meaning of sexual harassment and the range of conduct capable of attracting liability.
Proving the Case & Evidentiary Issues
The legal test for proving workplace sexual harassment, together with the distinctive
evidentiary and credibility issues that frequently arise.
Human Rights Damages for Injured Feelings
Compensation for injury to dignity, feelings and self-respect, including recent trends
and jurisdiction-specific awards across Canada.
Civil Claims & Employment Consequences
The interaction between sexual harassment, tort claims, civil human rights remedies,
constructive dismissal and disciplinary termination.
“Consensual” Workplace Relationships
Workplace relationships raise distinct issues of consent, power imbalance and employer responsibility.
Workplace Policy Manuals
Workplace policies directed to the prevention, reporting and investigation of sexual harassment.
Sexual Harassment Damage Awards: Summary Charts
Jurisdiction-by-jurisdiction research charts summarizing sexual harassment damage awards.
Civil Cases: Damage Summaries
Research tools dealing with damages awarded in civil sexual harassment and sexual assault cases.
Choosing the Remedy & Compensation Process
Choosing between a civil proceeding and a human rights complaint, together with
statutory compensation available to victims of criminal conduct.
Settlement & Non-Disclosure Agreements
Legislative restrictions affecting non-disclosure provisions in settlements involving
sexual harassment and related misconduct.
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