In Robichaud V

In Robichaud v. Canada (Treasury Board) , the Supreme Court of Canada had to determine whether the employer was responsible for the sexual harassment committed by another employee. What did the Court find?

A) Such behaviour constitutes discrimination on the basis of gender and, under the Canadian Human Rights Act, the employer was liable for such acts.
B) Such behaviour is juvenile, but the employee is contributorily liable, as she must have encouraged the attention in some way.
C) Such behaviour does not constitute discrimination, so the employee's only recourse is a tort law action.
D) Such behaviour constitutes discrimination on the basis of gender but, unless the employer actively encouraged this conduct, the employer cannot be liable.
E) Such behaviour is regrettable, but not actionable under the Canadian Human Rights Act.

Correct Answer:

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