What is the standard of conduct of an employer in the context of a racial harassment claim?
British Columbia, Canada
The following excerpt is from Scott v. Otis Canada (No. 3), 2009 BCHRT 254 (CanLII):
Otis next says that [t]he law is also clear that the standard [of employer conduct] is reasonableness, not perfection; an employer is not obligated to maintain a pristine working environment; rather it is only required to take prompt and effective action when it knows or should have known of conduct in the workplace amounting to racial harassment. It cites Hinds v. Canada Employment and Immigration Commission (1988), 10 B.H.R.R. D/5683 and Lanteigne v. Sam’s Sports Bar Limited, [1998] B.C.H.R.T.D. No. 40 in support of this proposition.
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