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ABOUT THE LAW of WORKPLACE SEXUAL HARASSMENT IN CANADA

Workplace sexual harassment has taken on a new focus of public awareness in recent months. This book reviews the legal issues of this subject. The law is not as simple as one might expect. To illustrate but one example, employer liability for the wrongful conduct of its employees is not straightforward in most Canadian jurisdictions. In fact, it is often very difficult to establish.

This book reviews the remedy, both by human rights complaint and by civil action, available to the victims of sexual harassment, including a summary of damage awards in each jurisdiction and the tax implications of such claims.

This book took some four years to complete. The contents are made available to all readers at no cost. This free public access is allowed only through the generous assistance of our sponsors.

Sexual Harassment Law
ABOUT THE BOOK

The definition of what conduct may fit into the definition of sexual harassment is important for a number of reasons. The first is to understand the term is as it is used in the human rights administrative process. The second is the common law applications which include employment issues such as conduct which may give rise to termination for just cause and constructive dismissal.

In 1989, The Supreme Court of Canada defined sexual harassment in an employment context to be:

Unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victims of the harassment.

The case in question arose from a human rights complaint under the Manitoba statute. These words have, however, been used to define sexual harassment in both common law and administrative cases.

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Sexual Harassment Law