A recent decision from the B.C. Human Rights Tribunal is a stark reminder for employers – when it comes to workplace sexual harassment, a passive “wait and see” approach can come with serious legal and financial consequences.
The case that should make every employer take notice
Picture this: an employee comes forward about sexual harassment at work. Your response? “We’ll keep an eye on things.” Fast forward a few months, and you’re facing a B.C. Human Rights Tribunal decision finding sexual harassment occurred and an order to pay over $64,000 in damages. This isn’t a hypothetical scenario, it’s exactly what happened in a recent decision, Knowles v Ontime Moving Corporation, 2025 BCHRT 183.
Ms. Knowles faced relentless harassment from a male colleague, including inappropriate workplace conduct, sexual comments, unwanted physical contact, degrading nicknames, and even an instance in which he lowered his pants before the female colleague while at work.
When Ms. Knowles reported this behavior to her employer, their response was woefully inadequate. One supervisor suggested she “tough it out,” while another had a brief chat with the harasser and promised to “keep watching.” No formal investigation was undertaken, no written policies were put in place, and no meaningful action was taken to stop the harassment. Feeling unsafe and unsupported, Ms. Knowles eventually resigned from the company.
The price of inaction
The Tribunal didn’t mince words in its decision. It reaffirmed that “sexual harassment is discrimination based on sex” and it includes “any sexually-oriented practice that endangers an individual’s continued employment, negatively affects [their] work performance, or undermines [their] sense of personal dignity.” Employers are legally responsible for the discriminatory actions of their employees, both because they can be held vicariously liable for the conduct of their employees, and because they have a duty to take reasonable steps once they are aware of a complaint. Placating the employee with responses such as “we’ll monitor the situation” or “we will talk to him” without any meaningful steps does not cut it.
In this case, Ontime Moving failed to meet that duty. The Tribunal found that its inadequate response left Ms. Knowles unemployed, struggling with her mental health, and even temporarily homeless. As a result, the company was ordered to pay $25,000 in wage loss (before deductions) and $35,000 in damages for injury to dignity, feelings, and self-respect.
The real lesson for employers
This case highlights a critical gap between what many employers think they need to do and what the law actually requires. The legal standard is clear: employers must take immediate, appropriate action when harassment complaints arise. This means:
- Act promptly: Delayed or casual responses are not enough.
- Investigate properly: A casual conversation does not amount to a workplace investigation. Employers need robust complaint procedures and proper investigation protocols.
- Take effective action: Stop the harassment and ensure it does not continue.
- Provide safe reporting options: Employees need clear, accessible ways to raise concerns.
A professionally-drafted bullying and harassment policy integrated into employment agreements and consistently applied is an employer’s first line of defense. The real question for employers is not whether they can afford to implement such policies, but whether they can afford the risk of not having them.
The bottom line
With BCHRT complaints taking significant amounts of time to be resolved, employer liability for wage loss claims made by employees can quickly balloon. The Ontime Moving decision serves as a costly reminder that employers can’t afford to not take sexual harassment complaints seriously. The law demands immediate, effective action, and human rights tribunals are prepared to impose substantial financial consequences when employers fall short.
If you have questions about how to respond to workplace harassment complaints or need help ensuring your policies meet legal standards, contact our team – we’re here to help!
