Workplace harassment is any unwelcome behaviour that creates a hostile work environment or negatively affects an employee’s ability to perform their job. In Ontario, harassment can take many forms, including verbal abuse, physical conduct, online harassment, and sexual harassment. Employers are required by law to maintain a safe and respectful workplace under the Ontario Human Rights Code and the Occupational Health and Safety Act.

Proving harassment is important for employees who need to enforce their rights. However, without documentation and evidence, it may be difficult to advance a complaint. Collecting relevant records, documenting incidents, and identifying witnesses can help build a strong case.

Employers that fail to respond to harassment complaints appropriately may face legal claims, such as applications to the Human Rights Tribunal of Ontario or actions for constructive dismissal. Legal advice can help clarify options and ensure appropriate steps are taken.

Understanding Workplace Harassment in Ontario

In Ontario, workplace harassment is defined in both the Ontario Human Rights Code and the Occupational Health and Safety Act. Harassment includes any unwelcome conduct that is known or ought reasonably to be known to cause offence, discomfort, or humiliation.

Types of Workplace Harassment

Physical Harassment Unwanted physical contact, threats, or intimidating actions can constitute physical harassment. Examples include pushing, blocking movement, or aggressively invading personal space. These behaviours can create an unsafe or hostile environment and may lead to legal action.

Sexual Harassment Sexual harassment includes any unwanted sexual advances, suggestive comments, or conduct that demeans someone based on gender or sexual orientation. Examples may include:

• Inappropriate touching or comments
• Repeated requests for dates after refusal
• Offensive jokes related to gender identity or sexual orientation

Employers must take sexual harassment complaints seriously and respond promptly.

Verbal or Psychological Harassment Verbal abuse, persistent insults, or demeaning comments that affect an employee’s mental well-being may be considered harassment, especially when the conduct is repeated. Targeted performance appraisals or excessive monitoring could also contribute to a toxic work environment.

Discriminatory Harassment This type of harassment is based on protected grounds under the Ontario Human Rights Code, such as race, religion, age, family status, or disability. It can include:

• Comments about someone’s ethnicity or cultural background
• Unequal treatment based on marital or family status
• Exclusion or targeting based on protected characteristics

Employees facing discriminatory treatment may have the right to file a human rights application or take other legal steps.

Single Incidents vs. Repeated Behaviour

Although a single serious incident may justify a complaint, workplace harassment often involves repeated conduct over time. To strengthen a claim, employees should document patterns of behaviour that contribute to a hostile work environment.

Employers must implement clear policies to prevent and address harassment. If they fail to take action, employees may seek legal advice to explore available remedies.

Gathering Evidence of Workplace Harassment

Keeping Detailed Records

Employees should record each incident of harassment, including:

• Dates, times, and locations
• Names of individuals involved, including witnesses
• Descriptions of what occurred, including words or actions

A detailed timeline helps demonstrate how often and how seriously the harassment occurred.

Collecting Documents

Additional evidence can include:

• Emails or messages showing offensive or inappropriate content
• Performance reviews reflecting unfair treatment
• Notes or responses from HR departments

Identifying Witnesses

Co-workers who observed the harassment may be able to confirm key details. Witness statements can help strengthen a complaint or legal case.

Reporting Harassment in the Workplace

Steps to Report Harassment

Employees who experience workplace harassment should:

1. Document the incidents and maintain records.
2. Gather supporting documents and witness information.
3. Follow internal reporting procedures, typically through HR or a direct supervisor.
4. Submit a written complaint, if necessary, citing relevant workplace policies and legislation.

Workplace Policies and Employee Handbooks

Many employers have policies that outline:

• What constitutes harassment
• How to report incidents
• Investigation procedures and possible outcomes

Employees should review these materials to understand their options and obligations.

If the Employer Fails to Respond

If an employer does not address the complaint properly, the employee may consider:

• Filing a human rights application
• Consulting an employment lawyer
• Reporting the matter to the Ministry of Labour if health and safety are at risk

Legal Remedies for Ongoing Harassment

Filing a Human Rights Application

When harassment is linked to a protected ground under the Ontario Human Rights Code, an employee may apply with the Human Rights Tribunal of Ontario. The tribunal can:

• Order compensation for injury to dignity, feelings, or self-respect
• Require changes to workplace policies
• Direct the employer to take specific corrective actions

Constructive Dismissal

If ongoing harassment makes continued employment unreasonable, an employee may be able to claim constructive dismissal. In such cases, although the employee has not been formally terminated, they may be entitled to:

• Notice or pay in lieu of notice
• Severance pay, depending on eligibility
• Potential damages resulting from the employer’s failure to maintain a safe workplace

Other Legal Claims

Employees may also take legal action in situations involving:

• Repeated, unaddressed harassment
• Retaliation after filing a complaint
• Breaches of Employment Standards Legislation

Legal advice can help determine the appropriate course of action and assess the strength of a potential claim.

The Impact of Workplace Harassment

Emotional and Professional Consequences

Harassment can affect an employee’s mental health, job satisfaction, and long-term career development. Many individuals experience anxiety, stress, and reduced productivity.

Workplace Culture and Morale

If harassment is ignored, it can contribute to low morale and high turnover. Employers that fail to enforce policies or respond appropriately may face reputational damage and legal consequences.

Legal Support and Protecting Your Rights

Employees who experience harassment should consider seeking legal advice to:

• Understand their rights and legal options
• Assess whether constructive dismissal may apply
• File a claim with the appropriate legal body if necessary

How Achkar Law Can Help

Achkar Law assists employees and employers across Ontario with workplace harassment matters. For employees, we help gather evidence, evaluate legal options, and pursue remedies through the Human Rights Tribunal or the courts. For employers, we provide guidance on handling complaints, implementing policies, and complying with legal obligations.

Contact Achkar Law

If you are facing harassment in the workplace or need legal guidance on handling a harassment issue, Achkar Law can help. Our team assists with reviewing complaints, advising on constructive dismissal, and protecting your rights under Ontario employment laws. Contact us today for legal assistance.

Call toll-free: 1-800-771-7882 | Email: [email protected]