What is the test for determining the reasonableness and accuracy of a respondent's response to allegations of discrimination or harassment?
Nova Scotia, Canada
The following excerpt is from Cromwell v. Leon's Furniture Ltd. (No. 2), 2014 CanLII 150063 (NS HRC):
As indicated, the respondent relies on the case of Laskowska v. Marineland of Canada Inc., supra, as authority for the establishment of three criteria to be used to assess the reasonableness and accuracy of a respondent's response to allegations of discrimination or harassment. The first criteria relates to policies and awareness of discrimination in the workplace. In this regard, Laskowska describes the first criteria as follows [at para. 59]: (1) Awareness of issues of discrimination/harassment, policy complaint mechanism and training: Was there an awareness of issues of discrimination and harassment in the workplace at the time of the incident? Was there a suitable anti-discrimination/harassment policy? Was there a proper complaint mechanism in place? Was adequate training given to management and employees?
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