Criteria for Damages in Sexual Harassment Cases

Torres v. Royalty Kitchenware Ltd. (1982), 3 C.H.R.R. D/858 (Ont. Bd.Inq.)

The Board of Inquiry finds that Rosanna Torres was discriminated against because of her sex when she was sexually harassed and summarily dismissed because she refused her employer's advances.

The Board awards Rosanna Torres $500 in compensation for lost wages and $1000 in general damages for being subjected to a hostile and intimidating work environment.

The Board of Inquiry reviews the law and previous decisions with respect to special and general damages and finds that both special and general damages are provided for in Canadian human rights legislation. A presumption in favour of making awards of both kinds should be made by Boards of Inquiry where a complaint has been made out.

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