Friday, July 14, 2017

Broader workplace harassment claims: is Canada becoming more litigious? - LEXOLOGY

Originally published: July 12, 2017

Can a Canadian employee sue an employer for harassment which is unrelated to a discrimination claim? The answer used to be no; but this is changing.

In most jurisdictions across Canada, an employee could:

sue or file a human rights application for harassment relating to unlawful discrimination;
file a complaint with the appropriate government agency about workplace harassment that violates health and safety or harassment laws; or sue for constructive dismissal based on harassing conduct.

However, until recently, an employee could not usually sue an employer for harassment that was unrelated to another legal right or protection.