Canadian Lawyer InHouse

SEPTEMBER/OCTOBER 2018 44 INHOUSE employees exploiting or otherwise abusing their positions of trust in their interactions with students. . . . There is, in my mind, no question that UBC is under an obligation to investigate employees who are in posi - tions of trust and suspected of cultivating sexual relationships with students whether by seeking them out expressly or through sheer disregard of their status as students." Moreover, Dockendorff warns, "We are seeing significantly increased damage awards" in human rights cases involving sexual harassment cases. In A.B. v. Singer Shoes Limited, an Ontario adjudicator awarded a woman who was sex - ually harassed and sexually assaulted by her boss over many years $200,000 in compen- sation for "injury to dignity, feelings and self-respect." She was an immigrant, single mom whose son had a disability and she lived in an apartment owned by her boss. In G.M. v. X Tattoo Parlour, another On - tario adjudicator awarded a woman who was an unpaid intern at a tattoo parlour $75,000 after she was sexually assaulted by the own- er — a friend of her mom's. She was a minor at the time of the assault. In both cases, the companies were held jointly liable. "What employers can be held liable for is how they react to allegations of sexual ha - rassment," Dockendorff warns. Lawyers say there are two key areas that in-house counsel need to focus on when it comes to sexual harassment — their poli - cies and procedures and their investigations. That's where companies are most vulnerable. Policies and procedures need to be up to date and there must be a solid complaints system in place that deals with reprisals against those who come forward. Phillips says there has been a "cultural and legal shift" since the Weinstein allega - tions. "There is much greater pressure on employers not only to have the right poli- cies and procedures in place but to recog- nize that these kinds of incidents are real and they are harmful." She says where companies fail is that they simply put a policy in place and there's no po - licing to ensure that it is being taken seriously. "You have to be paying attention to the workplace culture, which will really affect whether or not those policies are imple - mented in a meaningful way," says Phillips, who was counsel to the external review of sexual harassment in the Armed Forces and co-authored a report on workplace harass - ment in the RCMP. Ongoing training is also crucial, employ- ment lawyer Stuart Rudner of Rudner Law says. "It's critical everyone understands what the policies and procedures are," he says, and that requires training, training and more training. Phillips urges scenario-based training that is active and avoids the "death-by- PowerPoint approach," which is often the default training method used by companies, she says. When complaints arise, Reesor says, companies "need to act swiftly." For In-house Counsel...Legal News at Your Fingertips Sign up for the Canadian Legal Newswire InHouse edition today for free and enjoy great content from the publishers of Canadian Lawyer, Law Times, Canadian Lawyer InHouse and Lexpert. THE LATEST NEWS Keep abreast of essential late-breaking legal news and developments. THE BEST COMMENTARY Access trusted analysis and opinion on the cases and changes that are shaping the legal landscape. DELIVERED WEEKLY Your profession can change quickly, which is why you need the freshest, most recent information. FOR READING ON ANY DEVICE Get the news and opinions you need on any device. Whether you read at work, or on the go, the newswire adapts to your screen. Visit www.canadianlawyermag.com/newswire-subscribe Untitled-6 1 2018-08-16 3:19 PM

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