Employer Liability for Sexual Harassment: Legal Analysis in Canada

Verified

Added on  2021/04/16

|4
|602
|68
Report
AI Summary
This report delves into the critical issue of employer liability for sexual harassment in the workplace, focusing on the legal framework within Canada. It addresses the core question of whether employers should be held accountable for the actions of their employees, even when those actions occur outside the scope of employment. The report examines the concept of vicarious liability, as established in cases such as K.L.B. v British Columbia, and its extension to off-duty conduct, as seen in Cimpean v. Payton. It highlights the prohibition of sexual discrimination under the Canadian Human Rights Act and the arguments surrounding employer responsibilities. The report also presents opposing viewpoints on the extent of employer liability, referencing cases such as Jacobi v. Griffiths and the Workmen Compensation Act. The author's opinion advocates for employer liability in all cases of sexual harassment, emphasizing the need for preventive measures to maintain workplace integrity, as supported by research from K.J. Holland. The report concludes by reinforcing the importance of employer's role in controlling employee behavior and ensuring a safe workplace environment, irrespective of where the action takes place.
Document Page
Running head: EMPLOYMENT LAW
Employer’s liability for sexual offence
Name of the student:
Name of the university:
Author note
tabler-icon-diamond-filled.svg

Paraphrase This Document

Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Document Page
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
Document Page
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).
Document Page
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
chevron_up_icon
1 out of 4
circle_padding
hide_on_mobile
zoom_out_icon
[object Object]