Workplace Sexual Harassment in Ontario: Legal Protections and Employer Responsibilities
What are the allegations against Mohamed Al Fayed?
A recent BBC documentary exposed that dozens of women alleged that they had been sexually assaulted by the late Mohamed Al Fayed, who was the owner of the department store Harrods until his death in 2023. Numerous women, some of whom are Canadian, allege that Mr. Al Fayed sexually harassed or assaulted them while they were employees of Harrods.
Mr. Al Fayed’s conduct is all the worse given that fact that, as the boss of these women, he exercised significant power over them. Unfortunately, this is something many people experience in their work, where harassment can be difficult to deal with if the perpetrator an employee’s superior.
How does Ontario law define workplace and sexual harassment?
Under the Ontario Occupational Health and Safety Act, workplace harassment is defined as a vexatious conduct or comments in the workplace that are known or ought to be known to be unwelcome. When this conduct is of a sexual nature, it becomes sexual harassment, which also constitutes a violation of the Ontario Human Rights Code.
Employers have strict obligations to address reports of such harassment. This involves, at a minimum, and fair and impartial investigation of the allegations. If they are substantiated, the employer must take appropriate action depending on the nature and severity of the misconduct. This can involve coaching and warnings, but for more serious conduct it could lead to discipline and termination.
How are employees protected when they report harassment?
The employee who complains of harassment has a right to protection as well. During the investigation, it is common for the accused harasser to be suspended so as to protect the complainant from further harm. Most importantly, employees are protected from any kind of retaliation against them for bringing a complaint forward. This means that employers may not fire, demote, or otherwise punish an employee for bringing forward such a complaint. Furthermore, employers must avoid putting the employee in a vulnerable position moving forward if the abuser is still in the workplace. This may entail ensuring that the abuser has no contact with the employee, and cannot retaliate against them in any way.
How can Whitten and Lublin Help?
Sexual harassment in the workplace is a stressful and upsetting situation, and it can be difficult for employees to take action to deal with it, especially if the abuse comes from a superior. If you are an employee who has experienced harassment in the workplace Whitten & Lublin is here to assist you. Contact us online or by phone at (416) 640-2667.
Author – Aaron Zaltzman