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Discuss a workplace harassment concernCall 905-283-8514
Workplace harassment in Ontario can include a pattern of unwelcome conduct at work, including in work chats and video calls. Certain unwelcome sexual advances can qualify on their own. Employers covered by Ontario’s Occupational Health and Safety Act must ensure that incidents and complaints are investigated in a way that is appropriate to the circumstances. The Human Rights Code can also apply when the conduct is connected to a protected ground.
This guide focuses on provincially regulated Ontario workplaces. Federal workplaces and unionized workplaces may involve different rules or ways to resolve a dispute.
Key takeaways
- Look at the conduct and context. Reasonable management decisions are excluded from the workplace harassment definition. How a decision is communicated can matter.
- An employer’s duty is to ensure an appropriate investigation. The response depends on the concern, the people involved and what is known.
- Different routes address different problems. A workplace investigation, a human rights claim and a reprisal complaint have different purposes and may have different deadlines.
Tell us whether you are raising or responding to a concern and whether there is an upcoming meeting, response date or other deadline. We check conflicts and availability and explain the consultation scope and any fee before you book. An inquiry does not retain the firm or confirm that we can meet a deadline.
What counts as workplace harassment in Ontario?
Under the Occupational Health and Safety Act (OHSA), workplace harassment includes a pattern of vexatious comments or conduct toward a worker, where the person responsible knew or reasonably should have known the behaviour was unwelcome. Repeated insults or humiliating messages can be examples. The law expressly covers conduct through digital communications, so a work chat can matter as much as an in-person conversation.
Workplace sexual harassment can include a pattern of unwelcome conduct related to sex, sexual orientation, gender identity or gender expression. It can also include a sexual advance from someone who can grant or deny a work benefit or advancement and who knows, or reasonably should know, that the advance is unwelcome.
Example: Performance feedback and personal ridicule
A supervisor who privately explains a work error and sets a reasonable expectation may be carrying out ordinary management duties. A supervisor who repeatedly ridicules a worker’s disability in team video meetings may raise issues under both the OHSA and the Human Rights Code. The words, frequency and circumstances matter to the assessment.
What must an employer do about a concern?
An employer covered by the OHSA must have a workplace harassment policy and a written program, review both at least annually and provide appropriate information and instruction to workers. The program must identify a way to report concerns to someone other than the employer or supervisor if that person is alleged to have engaged in harassment.
The duty to ensure an appropriate investigation applies to incidents as well as complaints. An employer may learn of an incident without receiving a formal written complaint. The investigation should be impartial, consider relevant information and give the people involved a fair opportunity to be heard.
The worker who allegedly experienced the harassment must receive the results and information about any corrective action taken or planned in writing. The person alleged to have engaged in harassment must also receive that information if they are a worker of the same employer. The written results are distinct from the full investigation report.
When can harassment raise a human rights issue?
The OHSA’s general harassment definition does not require a link to a protected personal characteristic. Ontario’s Human Rights Code prohibits discrimination in employment and protects employees from harassment connected to grounds such as race, disability, creed, sex, sexual orientation, gender identity or gender expression. The same conduct can raise issues under both laws, but the legal questions are different.
For an application to the Human Rights Tribunal of Ontario, the usual deadline is one year from the incident or from the last incident in a series. The Tribunal can accept a late application in limited circumstances. Do not assume that an internal complaint or investigation stops that deadline. Other routes, including a union grievance, may have different time limits.
What if treatment changes after someone speaks up?
A reprisal is a penalty or threat of a penalty for taking a protected action. The OHSA prohibits employers from penalizing workers for exercising rights under that Act. The Human Rights Code separately protects people from reprisal or threats of reprisal for claiming or enforcing Code rights, among other protected actions.
A warning, shift reduction or dismissal after a concern was raised may prompt questions about reprisal. Timing matters, but timing alone does not establish why the employer acted. For a worker considering resignation or an employer considering discipline, the circumstances and any overlapping rights are worth reviewing before a decision is made.
What can the different processes address?
- Employer’s investigation: Examines what happened and informs the employer’s response and any corrective action.
- Ontario’s labour ministry: Inspectors can examine whether an employer met its OHSA obligations and may order an impartial investigation in appropriate cases. They do not decide whether the alleged conduct was harassment or award compensation to the worker.
- Human rights or reprisal proceedings: The Human Rights Tribunal of Ontario can address claims within the Human Rights Code. The Ontario Labour Relations Board may hear a reprisal complaint under the OHSA. A collective agreement can also affect what route is available.
Choosing a route depends on the workplace, the facts, what you want addressed and any deadlines already running.
How can Legal Route help?
For workers: We can review your workplace policy, communications, any investigation results and any change to your employment. We can help you understand which issues the facts raise and what a proposed employment decision may mean for your options.
For employers: We can review your policy, the concern raised and a proposed response. We can discuss the employer’s obligations, potential conflicts in the investigation and the implications of proposed corrective action. We confirm whom we represent and agree on the scope before work begins.
Legal Route’s legal services are provided by lawyers licensed by the Law Society of Ontario.
What to have ready for an initial inquiry
- Your role: Whether you are a worker, an employer or contacting us on behalf of an organization, and whether the workplace is unionized.
- A brief timeline: When the conduct or complaint occurred and what has happened since.
- Any upcoming date: A meeting, proposed decision or deadline mentioned in a letter or notice.
Keep the first message brief. Wait for secure delivery instructions before sharing investigation records, medical information or other sensitive documents.
Employment law consultations in Brampton and across Ontario
In person in Brampton. Appointments are available by arrangement at our Brampton office, 2074 Steeles Avenue East, Unit 17.
Toronto and the GTA. We assist clients in Toronto and across Peel, York, Halton and Durham, including Mississauga, Vaughan, Markham, Oakville and Oshawa.
Virtual appointments across Ontario. Virtual consultations are available for suitable matters, including for clients in Hamilton, Kitchener-Waterloo, London and Ottawa. See our Ontario service areas and appointment options.
Frequently asked questions about workplace harassment
Can one incident count as workplace harassment?
The OHSA’s general definition refers to a course of conduct. A single incident may still fall within the separate rule about certain unwelcome sexual advances or raise another legal issue, such as discrimination or workplace violence.
Can a customer’s conduct count?
Yes, depending on the circumstances. A customer, client or other person outside the employer’s staff can be the source of workplace harassment. The connection to work and what happened matter.
Is an outside investigator always required?
No. An internal investigation may be appropriate if the investigator can act impartially and has the skills the circumstances require. A conflict, the involvement of senior management or an inspector’s order can affect that choice.
Will the complaint be kept confidential?
The employer’s program must address how information is protected. Details may need to be shared to investigate, take corrective action or comply with the law. Confidentiality does not mean everyone’s identity can always be withheld.
What if I work in a unionized workplace?
The employer’s workplace safety obligations can still apply. Your collective agreement may provide a grievance route with its own time limits. A union representative can explain the agreement and how it applies to your concern.
Discuss a workplace concern with Legal Route
Tell us whether you have raised a concern, received a complaint or are deciding how to respond. We can explain what an employment law consultation would cover.
Request a workplace harassment consultation
Call 905-283-8514 or see Brampton office and appointment details. An inquiry does not create a lawyer-client relationship or confirm that we have accepted the matter.
Related Legal Route resources
Official resources
- Ontario’s Occupational Health and Safety Act: harassment and reprisal
- Ontario Ministry of Labour: workplace harassment investigations
- Ontario’s Human Rights Code: employment, harassment and reprisal
- Human Rights Tribunal of Ontario: scope and time limits
- Ontario: workplace violence and harassment information
This article provides general Ontario legal information. How the law applies depends on the conduct, the workplace, the governing rules and the facts.