As EVP Human Resources for GHI Co., you were grappling with the many changes to employment law in this relatively "new" socially connected world within which all employers now operate. And as a technology company, GHI wanted to encourage all employees to be technologically adept and that included being "digital natives". Unfortunately, not all GHI employees were exercising wisdom and discretion with respect to their online activities and the following situation was brought to your attention:

Abbott was a longer-serving employee at GHI and you learned that he posted several online comments on his personal social media accounts (on his personal time) about three different female employees outside of his department. In fact, they all worked in separate buildings and in unrelated divisions to his department. His comments discussed the way that these colleagues dressed and that he found their "figures" particularly attractive. He did not make any other suggestive comments of a sexual nature and no employee of GHI was connected to his personal social media accounts. You found out about these posts from one female employee mentioned in his online post, because a mutual friend of hers and Abbott's forwarded her all of the remarks.

Further, you were aware that Abbott had been acquitted of an attempted rape charge about three years ago. Finally, you did happen to overhear two (different) female colleagues in his department talking to each other about him and how he "gave them the creeps" and, because of how he made them feel, they stayed as far away from him as possible.

Assignment:

As EVP Human Resources, you tasked your legal department with drafting a clear memo, outlining the following:

1. Millhaven factors and how they are (or are not) engaged in analyzing whether there is a potential disciplinary situation. [NB: Please use this link to find the five Millhaven Factors - https://www.mondaq.com/canada/Employment-and-HR/402528/Watch-What-You-Say-Off-Duty-Conduct-Can-Lead-To-Serious-Workplace-Reprecussions .
2. How is the Charter of Human Rights engaged in this situation, if at all?