Human rights claim disallowed; victim was part of the harassment

February 02, 2014 0 COMMENTS

By Nicola Sutton

In December 2013 we reported on the allegations faced by the Miami Dolphins that one of its players had been bullied and harassed by his teammates, an issue faced by many employers. Sometimes these issues are complicated when a complaining employee has been or is an active participant in the complained-of behavior.

How do Canadian courts and human rights tribunals deal with these situations? The British Columbia Human Rights Tribunal had occasion to consider this recently in Kafer v. Sleep Country Canada and another (No. 2). read more…

Personal liability of managers for workplace harassment

February 17, 2013 0 COMMENTS

By Marisa Victor and Lydia de Guzman

Canadian employers, like those in the United States, are required to deal effectively with sexual harassment in the workplace. But managers have usually been personally liable only in the worst cases.

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Is sexual harassment discrimination if there is no evidence of differential treatment?

December 16, 2012 0 COMMENTS

By Charles Harrison

The answer to the question in the title is yes, a Canadian court confirmed recently.
Sexual harassment is discrimination. Overturning a decision of the British Columbia Supreme Court, the British Columbia Court of Appeal recently clarified that evidence of unwelcome conduct of a sexual nature is alone sufficient to establish discrimination on the basis of sex.

That decision overturned a lower court decision that had held that the harassment of a female couldn’t be found to amount to sexual discrimination without evidence that males were treated differently. read more…

Company Owner’s Sexting Costs Him and His Business

July 11, 2011 0 COMMENTS

By Hadiya Roderique

Modern technology provides many new avenues for human rights violations. As recently learned by the owner of British Columbia-based Metro Aluminum Products, sending sexually-related text messages or photos electronically by mobile phones, also known as sexting, can get you into trouble.

Sexting is getting widespread attention in the media. It’s no longer just an issue amongst electronically exhibitionistic teenagers and Brett Favre — it’s now a common issue in workplaces across Canada.

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