Workplace Harassment in Ontario: What Your Employer Can and Cannot Do

Experiencing harassment at work can be an isolating and deeply distressing experience. It can make a once-welcoming workplace feel hostile and can have a significant impact on your health and career. If you are facing this situation in Ontario, it’s crucial to know that you are not alone and that you have legal rights.

This guide will break down what constitutes harassment under the law, what your employer is legally required to do, and what steps you can take to protect yourself. We will also explore what happens if a toxic environment becomes so unbearable that it forces you to leave.

What is Workplace Harassment in Ontario?

Under Ontario’s Occupational Health and Safety Act (OHSA) and the Human Rights Code, harassment is defined as “engaging in a course of vexatious comment or conduct against a worker in a workplace… that is known or ought reasonably to be known to be unwelcome.” This includes behaviors that are often called “psychological harassment” or “personal harassment.”

For a better understanding of the legal definitions, you can consult the official guide on workplace harassment from the Government of Ontario.

The Different Forms of Harassment

Harassment can manifest in many different ways. It’s not limited to a single act or comment. Knowing the various forms can help you identify if a pattern of behavior meets the legal definition.

• Verbal Harassment: This includes offensive jokes, slurs, insults, or demeaning remarks based on protected characteristics like race, gender, or religion.
• Physical Harassment: Any unwanted physical contact, from aggressive gestures and threats to assault.
• Psychological Harassment: This can involve bullying, intimidation, social exclusion, or unreasonable work demands designed to cause distress and often done to make an employee quit.
• Sexual Harassment: Unwanted sexual advances, requests for sexual favors, or sexually suggestive comments, jokes and materials.

Your Employer’s Legal Obligations

In Ontario, your employer has a legal duty to protect you from harassment. This isn’t just a suggestion; it is a legal requirement. An employer must:

• Implement Policies: Have a written policy on workplace harassment that is reviewed annually.
• Provide Training: Ensure that all employees, including managers and supervisors, are trained on how to recognize, report, and address harassment.
• Investigate Complaints: Conduct an appropriate investigation into every complaint of harassment. The investigation must be fair, timely, and impartial.
• Take Action: Inform the parties involved about the results of the investigation and any corrective actions taken.

An employer who fails to meet these obligations may be in violation of the law.

What You Can Do to Protect Yourself

If you are experiencing harassment, taking these steps can be critical for both your well-being and any potential legal action:

1. Document Everything: Keep a detailed, private record of all incidents, including dates, times, witnesses, and what was said or done and by who.
2. Review Your Employer’s Policy: Find your company’s workplace harassment policy and follow its reporting procedure.
3. Report the Incident: Report the harassment to your supervisor, a manager, or the designated person in your company’s policy.

If your employer fails to take your report seriously, or if you face retaliation, it may be time to seek legal advice.

When to Contact an Employment Lawyer

Dealing with harassment can be incredibly stressful, and you don’t have to handle it alone. An experienced employment lawyer can provide you with the guidance you need.

It’s especially important to contact a lawyer if:

• Your employer is ignoring your complaint.
• You are being retaliated against for reporting harassment.
• The harassment is so severe that it has forced you to leave your job. This could be a form of constructive dismissal, which is a type of wrongful dismissal. For a full breakdown of these legal terms, you can read our blog on Constructive Dismissal, Wrongful Dismissal, Employment Lawyer – Explained.

A wrongful dismissal lawyer can help you understand your options and fight for the compensation you deserve. You have the right to a safe work environment, and a skilled employment lawyer in Toronto can help you protect that right.

In addition, it’s important to be aware of the signs that a toxic work environment is escalating. Sometimes an employer’s actions are designed to make you feel so uncomfortable that you will quit on your own. To learn more about this, read our post on 11 Signs You’re Being Pushed Out of Your Job.

Protect Your Rights

The law is on your side, and your employer has a clear responsibility to ensure your workplace is safe. By understanding your rights and taking the right steps, you can hold those responsible accountable.If you have questions about your situation or need help navigating a legal challenge, we invite you to schedule a free consultation. Our team of lawyers is here to listen and provide the expert guidance you need.