Facts of the Case in Which a Paralegal Was Sexually Harassed by The Employer

Earlier in the year 2017, an employer sexually harassed a Paralegal who had just been employed in a legal service business (Raymer, 2017). The harassment case had evidence issued by the Paralegal in the form of text messages. The Paralegal was awarded $22,000 along with back pay by the human rights tribunal located in Ontario. Besides, another $5,400 was issued to her as a compensation for her withheld wages as a result of her reprisal for denying to agree with the offender and an additional $2000 for counseling sessions. (Raymer, 2017) notes that many women face such discrimination and victimization in the workplace which affects their sense of dignity and self-worth. The Canadian courts mostly rule by solicitation from an employer regardless of the use of sexually harassing behavior. For the case, there was no physical touching included, but the offender was still charged guilty by the Canadian court of law.

Reference to Case Law to Support the Paralegals Case

The Ontario Human Rights Code provides a basis that proves the case qualifies for legal support and attention. The code incorporates the previous Female Employees Fair Remuneration Act and Ontario Anti-Discriminatory Practices Act. The human rights code prohibits discrimination on various grounds include sex which awards the paralegal a right to seek justice for being discriminated against due to her gender.

Reference to Human Rights Concepts Involved in The Case

The jury for this case made ruling on the basis of the violation of basic human rights. The employer infringed on the paralegals right to freedom and disrespected her freedom and entitlement to individual feelings, self-respect, and self-dignity. According to (Raymer, 2017). violation to human rights include infringing on a persons right to be free from any form of discrimination and victimization

Analysis and Interpretation

The employer misused the existing power imbalance when he sexually harassed her at the legal service business shortly after she was hired (Raymer, 2017). Unfortunately, according to (Sinacore & Morningstar, 2017) institutions and their policies are so ineffective and addressing sexual harassment has been a challenging issue. Canadian policies have intervened in ways of silencing the victims of such acts and protecting perpetrators without considering the elements leading to risk, reporting and silencing. It is critical to creating an organizational response that identifies the elements that can result in a perpetuate sexist environment and the outcome of sexual harassment (Sinacore & Morningstar, 2017). For the paralegal, she managed to seek justice for herself and was awarded $22,000 in the harassment case. The compensation was given for the injury of human dignity, feelings, and self-respect is encouraged. The evidence presented in court was compelling enough to warrant such heavy fines.

Conclusion and Opinion

Using the facts presented in the case, I am convinced that the employer sexually harassed a newly employed paralegal and took advantage of the power imbalance given he was powerful over the new employee, taking advantage of people lower in the power hierarchy for selfish needs is disrespecting the legal, human right principles. The power imbalance potentially affects the powerless party- in this case, the new female employee at a professional and personal level. The paralegal was lucky because she got a chance and access to file a Tribunal on Ontario and an Ontario discriminatory ground. There was enough evidence from the text messages proving that entry-level employees in that organization are sexually assaulted and compelled to lose their dignity once hired into the organization. I firmly comply with the findings of the tribunal and the fine imposed on the employer for the unlawful conduct at the workplace. However, the tribunal should have looked more into the case of the employer and filed a better petition to make sure that the unrightfully act does not repeat itself in the organization.

References

Law Society of Ontario. (2017). Current Disciplinary Actions. Retrieved January 09, 2018, from https://www.lsuc.on.ca/regulatory_proceedings/

Raymer, E. (2017, January 23). Paralegal awarded $22,000 in a harassment case. Retrieved January 09, 2018, from http://www.canadianlawyermag.com/legalfeeds/author/elizabeth-raymer/paralegal-awarded-22000-in-harassment-case-7265/Sinacore, A. L., & Morningstar, B. A. (2017). Endemic Sexism in the Canadian Workplace: Systematic Support for Sexual Aggression. Global Currents in Gender and Feminisms, 155-167. doi:10.1108/978-1-78714-483-520171015