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Penalty Standards for Sexual Harassment Offences in Unionized Workplaces

Penalty Standards for Sexual Harassment Offences in Unionized Workplaces

K. Wayne Taylor

Volume : 53-2 (1998)

Abstract

What penalties should be assigned to sexual harassers in unionized workplaces? To identify penalty standards in use, 54 arbitrations of grievances against penalties assigned for sexual harassment in Canada over the period 1985-1995, were examined. The standard penalty for sexual harassment involving sexual assault or language and touching is termination. The standard penalty for sexual harassment involving touching (without language) and language (without touching) is suspension. Standard penalties are varied under a number of conditions. Management can use these standards as guidelines for assigning penalties. Unions will find the standards useful for judging the fairness of the penalty assigned.