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Early evidence gathering helps with challenge of proving workplace sexual harassment

Friday, October 27, 2017 @ 8:35 AM | By Jonquille Pak

Sexual harassment is a broadly defined term and encompasses anything from a physical assault, to inappropriate sexual jokes, innuendo, leering or other forms of unwelcome behaviour of a sexualized nature. The complainant is not required to establish that s/he expressly objected to the harassing conduct, but merely that the respondent knew or ought to have known that the conduct was unwelcome.

In high profile cases of sexual harassment and sexual assault, Harvey Weinstein, Bill O’Reilly, Bill Cosby, Jian Ghomeshi, among others, the court of public opinion...