Employers Liability for Sexual Harassment

A number of human rights tribunals appointed under the Ontario Human Rights Code have held a company to be liable for sexual harassment where it involved an executive or managerial level employee who was held to be part of the "directing mind of the corporation", was engaging in sexual harassment. This term "directing mind of the corporation" has been broadly defined to include any employee who provides "some function of management", including the ability to hire and fire.

Under the Canadian Human Rights Act, an employer may be automatically held accountable for an act of sexual harassment by an officer, director, employee or agent where the act was committed while the person was at work.

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