Asked by Allie Luker on Apr 24, 2024

In Robichaud v. Canada (Treasury Board) , the Supreme Court of Canada had to determine whether the employer was responsible for the sexual harassment committed by another employee. What did the Court find?

A) Such behaviour is regrettable, but not actionable under the Canadian Human Rights Act.
B) Such behaviour constitutes discrimination on the basis of gender but, unless the employer actively encouraged this conduct, the employer cannot be liable.
C) Such behaviour constitutes discrimination on the basis of gender and, under the Canadian Human Rights Act, the employer was liable for such acts.
D) Such behaviour is juvenile, but the employee is contributorily liable, as she must have encouraged the attention in some way.
E) Such behaviour does not constitute discrimination, so the employee's only recourse is a tort law action.

Canadian Human Rights Act

A statute passed by the Parliament of Canada in 1977, designed to protect individuals from discrimination based on race, gender, disability, and other enumerated grounds.

Sexual Harassment

Unwanted or unwelcome behavior of a sexual nature that creates an intimidating, hostile, or offensive work environment.

  • Understand the legal duties and accountabilities employers have towards their staff, covering areas such as safety in the workplace and actions to prevent discrimination.
  • Understand the legal framework governing harassment in the workplace and the obligations of employers to prevent and address it.