Employer Liability for Sexual Harassment

The assignment explores the legal issues surrounding employer liability for sexual harassment in the workplace, including vicarious liability and the prohibition of discrimination under Canadian Human Rights Act. It also examines opposing viewpoints and the self-opinion of the student regarding employer responsibility for preventing sexual harassment.

Running head: EMPLOYMENT LAW
Employer’s liability for sexual offence
Name of the student:
Name of the university:
Author note

1EMPLOYMENT LAW
Topic: Employer Liability for Sexual Harassment in the Workplace: Should Employers be
Liable for the Actions of Employees that are outside the scope of employment.
Thesis statement:
Sexual harassment in the workplace is regarded as the sheer ground of
discrimination. According to the Employment law, the government of Canada has prohibited
any discrimination in the workplace regarding caste, age, sex, ethnic origin and disability.
This report will point out whether the employer will be liable for the sexual harassment made
by an employee outside the course of employment or not.
Summary of the legal issues:
The matter related to the sexual harassment is a sensitive topic and there are certain
legal issues arose in such cases. According to the Employment Law of Canada, every
employer is liable for the wrongful action made by the employees. This liability is termed as
vicarious liability. The concept of vicarious liability has been established by the case of
K.L.B. v British Columbia 2003 SCC 51. The scope of vicarious liability is extended in case
of off-duty conducts too which has been proved in Cimpean v. Payton [2008] O.J. No. 2665.
Further, the sexual discrimination has been prohibited under Canadian Human Rights act and
the liability of the employers ("Sexual harassment at the workplace needs to be addressed,
says psychologist", 2018).
Opposing viewpoints:
However, the liabilities of the employer regarding the actions done by the
employees have been criticised. It has been mentioned under the employment law of Canada
that there must be certain reasonable connection in between the employer and the employee.
According to Jacobi v. Griffiths (1999) 174 D.L.R. (4th) 71, the employer could be

2EMPLOYMENT LAW
vicariously liable only for the wrongful acts of the employees during the course of
employment. It has also been mentioned under the Workmen Compensation Act that an
employer should not be liable for paying compensation if an employee engaged with certain
acts that are outside the scope of employment.
Self opinion:
Sexual harassment can be treated as the threat to the personal safety of the women
in the workplace and against the provisions of the Employment Law of Canada. An employer
should be regulated the act of the employee regarding sexual harassment for maintaining the
integrity of the workplace. However, the employer should be liable for the act of the
employee even if the act is outside the scope of employment because it is the duty of the
employer to control the acts of the employee. According to K.J. Holland (2016), the
employers are required to take preventive measures for foreseeable harassment made by the
employees irrespective of the facts whether the actions are outside or within the scope of
employment (Holland & Cortina, 2016).

3EMPLOYMENT LAW
Reference:
Holland, K. J., & Cortina, L. M. (2016). Sexual harassment: Undermining the wellbeing of
working women. In Handbook on well-being of working women (pp. 83-101).
Springer, Dordrecht.
Sexual harassment at the workplace needs to be addressed, says psychologist. (2018). CBC
News. Retrieved 26 February 2018, from http://www.cbc.ca/news/canada/british-
columbia/sexual-harassment-at-the-workplace-needs-to-be-addressed-says-
psychologist-1.3807213