A Tale About Rehiring a Sexual Harasser: Who Wins and Loses?

Today’s “#metoo” climate and questions about when someone who has been accused of sexual misconduct, although not convicted of it, should be allowed back into the public sphere (to direct films, do comedy routines, assume an executive role in business or whatever) has been much in the media recently. Although not explicitly, a recent decision of the Ontario Court of Appeal tells us that even if the impact of someone’s return might have significant impact on a victim’s working — and broader — life, return may occur. The final result in Colistro v. Tbaytel 2019 ONCA 197 is not unlike those situations when the harasser remained in the workplace and the woman harassed was moved elsewhere or left the workplace, albeit with a partial legal victory. The Court of Appeal’s decision in Colistro begins as follows: This appeal considers the consequences that flow from a company’s decision to place its business interests above the…

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