Personal Liability of Co-Employees for Sexual Harassment

Under the Ontario Human Rights Code, co-workers can be held personally liable for sexual harassment, either in addition or in the alternative to the employer also being held liable. This is due to the fact that the Code generally prohibits any person from infringing or doing anything that infringes a right under Part I of the Code, which includes the prohibition against sexual harassment.

Under the Canadian Human Rights Act, a co-employee officer and/or director can be held personally liable for sexual harassment only if it is found that the sexual harassment took place in circumstances that were not related in any way to the individual's employment. This is due to the fact that any sexual harassment by an employee, officer or director, in the course of that individual's employment, is deemed to be the conduct of the company or the organization. It can be very difficult, in some cases, to distinguish between acts of sexual harassment in the course of an individual's employment and sexual harassment that falls outside of the individual's employment. For example, sexually harassing an employee at a company social function.

Should you require legal assistance, please email us at lawyers@grosman.com

...back to Sexual Harassment Index