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Sexual Harassment and Assault at Work: Options for Legal Redress
Photo by Mihai Surdu on Unsplash

Introduction – Part II

During Part I of this blog, we outlined three initial legal options for survivors of sexual assault and/or harassment in the workplace context. These included filing a workplace complaint, filing a grievance if you are in a unionized setting, or submitting an application to the Human Rights Tribunal of Ontario (HRTO). Here, we continue to outline the remaining three options for legal redress in this context. 

Asserting a Constructive Dismissal

Per Ontario’s Occupational Health and Safety Act, your employer is responsible for ensuring a safe, harassment-free work environment. If you resign from your employment you typically will not be entitled to any compensation from your employer. If you are terminated, you will typically be entitled to notice of termination – colloquially known as a “severance package”. However, the law has carved out an exception in circumstances where the employer’s conduct has been so bad that you essentially have no choice but to quit. This is called a “constructive dismissal.’” Depending on the facts of each case, asserting a successful constructive dismissal claim could result in a damages (compensation) award comparable to what you would have been entitled to had you been terminated. If your constructive dismissal arose out of the context of being sexually harassed or assaulted at work, you may also be entitled to additional forms of compensation including human rights or general damages. 
Continue Reading Sexual Harassment and Assault at Work: Options for Legal Redress – Part 2

Sexual Harassment and Assault at Work: Options for Legal Redress
Photo by Mihai Surdu on Unsplash

Introduction – Part I

In the wake of the #MeToo era, a burgeoning consciousness has grown around the existence of and need to address sexual harassment and sexual assault in the workplace. Individuals of all genders and orientations have found the courage to come forward, and legislation in Ontario has made it mandatory for employers to sufficiently investigate these allegations in a timely and comprehensive manner. Trauma-informed Workplace Investigations inherently require a sound understanding of power dynamics and nuanced forms of sexual harassment. New hybrid work models pose unique obstacles for enforcing cyber-bullying and anti-discrimination/harassment policies, and have brought to the forefront the importance of building a workforce predicated on respect, plurality, accountability, legal compliance, and employee well-being. As part of this, employees who experience sexual assault and/or harassment in the workplace may have different legal options at their disposal. 

In Part 1, we begin here with a  review of three possible options. 
Continue Reading Sexual Harassment and Assault at Work: Options for Legal Redress – Part I

Background

In a recent decision, EN v Gallagher’s Bar and Lounge, 2021 HRTO 240 (CanLII), the Human Rights Tribunal of Ontario (the “HRTO”) found that an employer discriminated against three of his employees based on their gender identities, gender expressions, and sex by subjecting them to trans-and homophobic language, intentional outing, and by misgendering them through his refusal to use their preferred pronouns. 

The three Applicants, referred to as EN, JR, and FH, were kitchen employees at a restaurant managed by its owner, Jamie Gallagher; each identified as either gender queer or non-binary, using the chosen pronouns ”they/them.” They openly requested to be addressed with these pronouns. 
Continue Reading HRTO: Employer Liability for Proper Pronoun Use