Skip to content
Taylor Janis Logo White
  • For EmployeesExpand
    • TerminationExpand
      • Termination Without Cause
      • Just Cause Termination
      • Termination Notice
      • Terminations & Resignations
      • Resignation vs Termination
      • Termination Without Cause Vs Wrongful Dismissals
    • Severance PayExpand
      • Severance Package Reviews
      • Reasonable Notice (Severance)
    • Harassment, Bullying and Discrimination
    • Wrongful Dismissal
    • Constructive Dismissal
    • Unionized Employees
    • Government Workers
    • Workers on Contract
    • Employment Agreements
    • Temporary Layoffs
    • Non-Competition & Non-Solicitation Disputes
    • Restrictive Covenants
    • Professional Disciplinary Hearings
    • COVID-19 Legal Resources
    • Fees
  • For EmployersExpand
    • Employment Contracts
    • Workplace Policies
    • Employment Litigation
    • Executive Employees
    • Shareholder Disputes
    • Labour Lawyers
    • Employee Immigration
    • Third Party Insurance Claims
    • Human Rights Policies for Employers
    • Workplace Training & Seminars
    • Fees
  • Locations & TeamExpand
    • Meet Your Team
    • Locations
    • Contact Us
    • About Us
    • Press
  • Knowledge CentreExpand
    • Alberta Employment Law
    • BC Employment Law
    • Employment Law Info
    • Severance Pay Deep Dive
    • Termination Tips
    • Wrongful Dismissal Help
    • Vancouver Articles
    • Calgary Articles
    • Edmonton Articles
    • Red Deer Articles
    • Kamloops Articles
Taylor Janis Logo White

How Should an Employer Deal with Sexual Harassment in the Workplace?

Hours Updated onApril 17, 2023 Categories AB
Alberta Employers Dealing with Sexual Harassment in the Workplace-min

In recent years, there has been increasing awareness of sexual harassment as an important social problem with serious implications for individuals and organizations.

In employment contexts, it is now understood that employers have responsibilities in relation to preventing sexual harassment in the workplace, and responding appropriately when incidents are reported.

Below, we provide some guidance to help employers responsibly navigate this sensitive area and ensure a healthy work environment for their employees.

Table of Contents
  • What Kind of Conduct is Sexual Harassment?
    • How is Harassment Defined?
  • When Could an Employer be Liable for Sexual Harassment by One of its Employees?
  • What Should an Employer Do?

What Kind of Conduct is Sexual Harassment?

In Alberta, employers are required under both the Occupational Health and Safety Act (“OHSA”) and the Alberta Human Rights Act (“AHRA”) to take measures to ensure that employees are not subjected to harassment, including sexual harassment, in the workplace.

How is Harassment Defined?

The OHSA defines harassment as:

… any single incident or repeated incidents of objectionable or unwelcome conduct, comment, bullying or action by a person that the person knows or ought reasonably to know will or would cause offence or humiliation to a worker, or adversely affects the worker’s health and safety, and includes

  1. conduct, comment, bullying or action because of […] gender, gender identity, gender expression and sexual orientation, and
  2. a sexual solicitation or advance,

Section 3 of the OHSA requires employers to ensure, “as far as it is reasonably practical for the employer to do so”, that no workers are “subjected to or participate in harassment or violence at the work site”.

While the AHRA does not define sexual harassment, it is considered a form of discrimination based on gender, which is prohibited under the AHRA. In addition, decisions of the courts have indicated that the terms and conditions of employment are broad enough to include workplace harassment, which makes that type of offending conduct subject to a human rights complaint (Robichaud v Canada (Treasury Board), [1987] 2 SCR 84).

Definitions of sexual harassment have also been provided by the courts. In Janzen v Platy Enterprises Ltd, [1989] 1 SCR 1252, the Supreme Court described sexual harassment in the workplace as “unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victims of the harassment.”

Get Employment Law help in Alberta & BC - Click Here

The Court noted that sexual harassment is sometimes divided into two categories: “the “quid pro quo” variety in which tangible employment related benefits are made contingent upon participation in sexual activity, and conduct which creates a “hostile environment” by requiring employees to endure sexual gestures and posturing in the workplace”.

In Calgary (City) v Canadian Union of Public Employees Local 37, 2019 ABCA 388, the Court of Appeal referred to a two-category approach that classifies harassment as either sexual coercion or sexual annoyance, and describes the type of conduct that falls within each:

“According to these definitions, sexual coercion is sexual harassment that results in some direct consequences to the worker’s employment status or some gain or loss of tangible job benefits. Sexual annoyance is sexually related conduct that is hostile, intimidating or offensive to the employee but nonetheless has no direct link to any tangible job benefit or harm. Rather, this annoying conduct creates a bothersome work environment and effectively makes the worker’s willingness to endure that environment a term or condition of employment. Sexual annoyance includes two subgroups: persistent requests for sexual favours that are persistently refused, and all other conduct of a sexual nature that demeans or humiliates the person, creating an offensive work environment. This would include sexual taunts, lewd or provocative comments and gestures and sexually offensive physical contact.”

Courts have been clear that while the categories may be helpful in identifying what constitutes sexual harassment, conduct falling in either category is prohibited and can lead to sanctions both against the harasser and the employer.

When Could an Employer be Liable for Sexual Harassment by One of its Employees?

Sexual harassment that occurs “in the course of employment” may result in liability for the employer. In Robichaud v Canada (Treasury Board), [1987] 2 SCR 84, the Supreme Court indicated that while the liability arises from the employer’s statutory obligations, it is akin to vicarious liability. An employer does not have to have actual knowledge of the discrimination to be held vicariously liable for the acts of its employees.

An employee may be “in the course of employment” when carrying out activities that are related or associated with her employment and where the employer had authority or control over the activities. This may include:

  • activities which he or she might normally or reasonably do or be authorised to do while employed;
  • activities which may be said to be incidental to the employment or logically and naturally connected with it;
  • activities in furtherance of duties he or she owes to his or her employer.

(Cluff v Canada (Department of Agriculture), [1992] DCDP No 13, affirmed [1993] 2 FC 176)

What Should an Employer Do?

In Poliquin v Devon Canada Corp, 2009 ABCA 216, the Court of Appeal noted that “if an employer fails to act, it faces a significant risk of actions by employees who are subjected to discrimination or harassment – and properly so. […] Therefore, employers are fully justified in taking proactive steps, including the adoption of codes of conduct, to curtail and prevent improper conduct.”

Get Employment Law help in Alberta & BC - Click Here

The Alberta Human Rights Commission recommends that employers develop a sexual harassment policy, and undertake training to ensure that management and employees understand their rights and responsibilities related to sexual harassment in the workplace.

While employers are not obliged to maintain a “pristine working environment”, they are expected to take prompt and effectual action in response to complaints. This will generally require the employer to conducted a genuine investigation into the allegations, to issue a warning to the alleged harasser to cease the offending conduct, and in general to treat the complaint with sensitivity, in a manner that shows they have taken it seriously.

If the harassing conduct is serious, the employer may be justified in terminating the employment of the harassing individual. Summary dismissal is generally considered to be justified for conduct that violates an essential condition of the employment contract, is fundamentally or directly inconsistent with the employee’s obligations to his employer, or destroys the mutual faith necessary for the employment relationship (see eg, Watkins v. Willow Park Golf Course Ltd, 2017 ABQB 541).

If your business is dealing with a potential sexual harassment complaint, or would like guidance on developing policies and practices related to sexual harassment, Taylor Janis can help. Contact one of our experienced employment lawyers today.

Taylor Janis AB Map

We currently have three offices across Alberta — Edmonton, Calgary, and Red Deer. We serve the entire province of Alberta (and BC). We also have the infrastructure to work with any of our clients virtually — even the furthest regions of Alberta.

Call 1 (844) 224-0222 (toll free) to get routed to the best office for you or contact us online for general inquiries.

We also have a dedicated intake form to help you get the ball rolling. Our intake team will review your specific case and advise you on the next steps to take as well as what to expect moving forward.

Our offices are generally open 8:30 a.m.—4:30 p.m., Mon—Fri.

Taylor Janis EndStamp
Chelsea Scott - Taylor Janis Employment Law

Chelsea Scott

WORKPLACE LAWYER

Chelsea focuses on representing clients and providing legal advice related to workplace and employment issues. Some of the areas of law that Chelsea focuses on include, but are not limited to, wrongful dismissal, severance package review, discrimination, disputes during employment, and workers compensation.

  • Learn More About Chelsea
End Block Form

Our intake staff are standing by.

Let's have one of our experienced lawyers review your case.We Can Help
Tell us a bit about your problem — we can fix it.

More Details

PRIVACY NOTICE:  Any information you provide to our office — whether your personal information or employment/employer details — will be treated as strictly confidential and will not be disclosed to your employer or to any other third party. So, please be reassured that you can talk openly to our capable Intake Paralegals worry free. Fill out an Online Inquiry or call us now, your information will be in safe and helping hands.

The Legal Review Process by Taylor Janis Workplace Law

  • Taylor Janis strives for high-quality, legally verified content.
  • Content is meticulously researched and reviewed by our legal writers/proofers.
  • Details are sourced from trusted legal sources like the Employment Standards Code.
  • Each article is edited for accuracy, clarity, and relevance.
  • If you find any incorrect information or discrepancies in legal facts, we kindly ask that you contact us with a correction to ensure accuracy.

Termination Review

If you have been terminated UNDER ANY circumstances

DO NOT SIGN A RELEASE

Talk to us first.
We will review your situation.

Employers often fail to provide the proper severance compensation.

In almost every case, we will obtain a significantly better outcome for our clients — in a timely manner.

Start The Process Here

Recent Posts

  • Severance and Hudson’s Bay Bankruptcy Layoffs: Legal TipsMay 7, 2025
  • JOB LOSS: Cenovus Energy Cuts Jobs Ahead of Critical Q1 EarningsMay 7, 2025
  • Executive Compensation and Post-Employment IncentivesApril 11, 2025

Flexible Fee Arrangements

BEWARE of firms that push for contingency arrangements

IE: working for "no money up front"

This may NOT be beneficial for you. In some cases it may be much better for you pay hourly for an action with high monetary return — keeping much more in your pocket.

If it's free YOU could be the product! At Taylor Janis we give you the CHOICE.

Law Society of Alberta
The Canadian Bar Association
Law Society of British Columbia
Three Best Rated Award
Manage HR Top Employment Law Services Award
Best Rated Badge Taylor Janis llp
Calgary Best Rated Badge
Never Sign a Release When Terminated
Join Taylor Janis!

We're looking for highly motivated associates to join our busy team.
Taylor Janis offers competitive compensation and a spirited corporate culture.

Click Here for more info
EDMONTON

Suite 400, 10216 124 Street, Edmonton, Alberta T5N 4A3
Local: (780) 428-7770
Toll-Free: 1 (844) 224-0222

CALGARY

Suite 700, 396 11 Avenue SW, Calgary, Alberta T2R 0C5
Local: (403) 474-0411
Toll-Free: 1 (844) 521-1715

RED DEER

Suite 203, 4807 50 Avenue, Red Deer, Alberta T4N 4A5
Local: (587) 333-4399

VANCOUVER

Suite 603A, 134 Abbott Street, Vancouver, BC V6B 2K4
Local: (604) 423-2646
Toll-Free: 1 (877) 402-1002

KAMLOOPS

Unit 2, 293 1st Ave, Kamloops, BC V2C 3J3
Local: (604) 423-2646
Toll-Free: 1 (877) 402-1002

MORE

Contact Us
Payments
Privacy Policy
Terms of Use
Disclaimer



© 2025 Taylor Janis Workplace Law - Taylor Janis LLP Sitemap

Facebook Linkedin Instagram

Do you have a workplace/employment issue that requires assistance?

Our workplace-focused paralegals are standing by to assist you.

Get Help Here
  • For Employees
    • Termination
      • Termination Without Cause
      • Just Cause Termination
      • Termination Notice
      • Terminations & Resignations
      • Resignation vs Termination
      • Termination Without Cause Vs Wrongful Dismissals
    • Severance Pay
      • Severance Package Reviews
      • Reasonable Notice (Severance)
    • Harassment, Bullying and Discrimination
    • Wrongful Dismissal
    • Constructive Dismissal
    • Unionized Employees
    • Government Workers
    • Workers on Contract
    • Employment Agreements
    • Temporary Layoffs
    • Non-Competition & Non-Solicitation Disputes
    • Restrictive Covenants
    • Professional Disciplinary Hearings
    • COVID-19 Legal Resources
    • Fees
  • For Employers
    • Employment Contracts
    • Workplace Policies
    • Employment Litigation
    • Executive Employees
    • Shareholder Disputes
    • Labour Lawyers
    • Employee Immigration
    • Third Party Insurance Claims
    • Human Rights Policies for Employers
    • Workplace Training & Seminars
    • Fees
  • Locations & Team
    • Meet Your Team
    • Locations
    • Contact Us
    • About Us
    • Press
  • Knowledge Centre
    • Alberta Employment Law
    • BC Employment Law
    • Employment Law Info
    • Severance Pay Deep Dive
    • Termination Tips
    • Wrongful Dismissal Help
    • Vancouver Articles
    • Calgary Articles
    • Edmonton Articles
    • Red Deer Articles
    • Kamloops Articles