The Influence Of U.S. Sexual Harassment Class Actions In Canada

Sexual harassment and discrimination class actions have never been more in the spotlight than they are today, and employers on both sides of the Canada-U.S. border are examining their policies and practices. While class actions arising out of sexual harassment allegations are less common in Canada, we are seeing trends amid the current deluge of U.S. sexual harassment and discrimination class actions which are making their way to Canada—or have already arrived.

Trends in sexual harassment class actions

Until very recently, sexual harassment class actions in the U.S. have been brought where an organization allegedly has a systemic problem with harassment and discrimination from multiple perpetrators. Increased scrutiny on workplace harassment has seen the rise of "Weinstein-style" actions where allegations rest with an individual in an organization. In the watershed suit Jane Doe v. The Weinstein Company Holdings, the plaintiffs alleged that Harvey Weinstein, with