Sexual Harassment in Workplace Assignment pdf
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Added on 2021-04-21
Sexual Harassment in Workplace Assignment pdf
Added on 2021-04-21
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Running head: SEXUAL HARASSMENT IN WORKPLACESexual harassment in workplaceName of the Student:Name of the University:Author Note
1SEXUAL HARASSMENT IN WORKPLACETable of ContentsTopic..........................................................................................................................................2Introduction................................................................................................................................2Thesis statement.........................................................................................................................2Legal framework summary:.......................................................................................................2My opinion as to which of the two views is superior, and why.................................................9Conclusion..................................................................................................................................9
2SEXUAL HARASSMENT IN WORKPLACETopicEmployer Liability for Sexual Harassment in the Workplace: Should Employers be Liable forthe Actions of Employees that are outside the scope of employmentIntroductionEmployers of Canada are considered to be liable for any sexual harassment in the workplace(ww.canada.ca, 2018). However it is subject to debate whether employers should be liable forthe actions of the employee, which are beyond their scope of employment. It is to be statedthat the employers are vicariously liable for the actions of their agents when such agent actswithin the scope of his employment and draws authority from the concerned employer.However as held in the remarkable Canadian case Bazley v. Curry, 1999 CanLII 692 (SCC) itcan be stated that any person who creates the loss to be suffered will bear the consequencesof the risk when such risk becomes a threat or a harm. Thesis statementEmployers are to be held accountable for the sexual harassment in the work place.Legal framework summary:Different laws are there to protect the rights of the employees against acts of sexualharassment in Canada. Examples of such laws include Canada Labour Code and the CanadianHuman Rights act (Canada Labour Code, 2018). Further it can be said that worker in Canadaare given special protection against heinous acts of physical assault and other forms of sexualharassment by the Canada Criminal Code. Sexual Harassment in the workplace can bedefined as “unwanted sexual behaviour” which takes place in the working environment. Suchunwanted sexual behaviour can be encountered even outside the premises of the office, for
3SEXUAL HARASSMENT IN WORKPLACEexample in office parties, conferences related to work or at any business deal. Sexualbehaviour can include sexual jokes, comments and sexual touching which are derogative anddemeaning to the victim employee. In the notable Canadian case Janzen v. Platy EnterprisesLtd., 1989 1 SCR 1252 it was held by the supreme court that sexual harassment would beconstituted by any conduct which of sexual nature and which affects the work environmentand the other co-workers or constitutes adverse job related to consequences for the victims ofsuch harassment( www.globeandmail.com, 2018). In the aforementioned case it was also heldby the Supreme Court that Sexual Harassment can even include sexual discrimination. Sexualdiscrimination has an adverse effect on the opportunities and condition of employment,which are provided to the employees on the basis of their gender related characteristics. Itwas held in the case Janzen v. Platy Enterprises Ltd., 1989 1 SCR 1252 that employers arealso liable for the wrongful actions of the offending employee. It is to be stated that there are two types of sexual harassments that generally occur atworkplaces. They are: Quid pro quoHostile work environmentQuid pro quo sexual harassmentThe term Quid Pro is a Latin term which means “this for that”. It can also translate to a“favour for a favour’. An example of Quid pro quo is when a supervisor or superior at worktends to favour an employee if such employee submits to the sexual advances of the senior(Becton, Gilstrap & Forsyth, 2017). It is to be mentioned that this constitutes abuse andmisuse of authority and it is illegal irrespective of the fact whether the employee submits tothe sexual advances of the superior at work.
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