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Ontario|Employment LawSexual Harassment 619 Employers' responsibilities Even though harassers are responsible for their actions, the employer is also responsible in most cases for dealing with the situation in a prompt and proper way. The employer is responsible if the employer knew or should have known about the sexual harassment. If the employer fails to deal with the situation properly, the employee who was being harassed may be able to sue the employer.
In some situations, an employer can even be held responsible for dealing with sexual harassment by someone who is not an employee, or if an employee sexually harasses someone outside of the workplace. For example, if someone comes to fix the photocopier and sexually harasses an employee, or, if an employee is travelling to a work related conference, and sexually harasses someone at the conference, the employer may be responsible for dealing with the situations.
Even though an employer may have a policy against sexual harassment and may have steps in place for making complaints, the employer may still be responsible if sexual harassment happens. Employers are responsible for making sure that the policy or complaints procedure will actually help someone who has been harassed.
When an employer becomes aware of sexual harassment, they should immediately investigate the situation in a confidential and discrete way. The employer must take reasonable actions to resolve the problem, but must also deal fairly with the harasser. Someone who is being accused of sexual harassment should always have a chance to explain their side of the story before the employer takes action against them. An employer should also tell the person making the complaint that the alleged harasser will be told about the complaint.
If you need additional information or advice about the duties of employers to deal with sexual harassment, you should consult a lawyer.
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