Reference no: EM133411315
If a Parks Canada employee has been a victim of workplace sexual harassment and wants to return to work, there are several legal issues that may need to be addressed, including:
Safety in the Workplace: Companies are required to maintain a safe working environment that includes safeguards against harassment and discrimination. The employer may need to take action to guarantee an employee's safety and well-being when they return to work if they have been the victim of workplace sexual harassment.
Human Rights: According to human rights law, sexual harassment is a type of discrimination that is forbidden. If sexually harassed employee believes that their rights have been infringed, they may submit a human rights complaint against their employer.
Employment Law: An employee may have a claim for wrongful dismissal or constructive dismissal if they were fired or faced other adverse repercussions after reporting sexual harassment. Employees also have a right to a workplace free from retaliation for reporting harassment or taking part in an investigation.
Protecting employee privacy is a responsibility of employers, including when it comes to allegations of harassment. Employees who have reported sexual harassment must have their privacy safeguarded and cannot face negative consequences for doing so.
Responsibility to Accommodate: If a sexually harassed employee has suffered trauma, their employer may be required to make reasonable accommodations for them when they return to work. This could entail offering assistance, modifications, or other resources to make the employee feel secure and at ease at work.
Employees who have suffered sexual harassment should obtain legal counsel and support as they navigate the challenges associated with their return to work.