workplace harassment in BC
22Jan

Workplace Harassment in British Columbia Explained

Workplace harassment can occur in many forms,  between co-workers, from supervisors, or through digital communication, and its impact can be severe for both employees and organizations. In British Columbia, harassment is treated as a serious workplace risk, with legal protections enforced through WorkSafeBC, the Human Rights Code, and the courts.

Understanding what constitutes harassment, how investigations must be handled, and what remedies are available helps employers reduce legal exposure and employees protect their rights.

📍 Not in BC?

If you’re an employee or employer in Ontario, the law works differently.  See our Ontario-specific article about workplace harassment.

What Is Workplace Harassment in BC?

In British Columbia, workplace harassment generally means unwelcome conduct that a reasonable person would find intimidating, humiliating, or offensive. Harassment may be verbal, physical, psychological, or online.

Key Legal Frameworks

1. WorkSafeBC & the Workers Compensation Act

Employers must treat harassment as a workplace hazard and take steps to prevent, investigate, and address it.

  • Legislation: Workers Compensation Act, RSBC 2019, c 1
  • Regulation: Occupational Health and Safety Regulation, Part 3
  • Policy: WorkSafeBC “Bullying and Harassment” policies

Harassment that causes a diagnosed psychological injury may be compensable under WorkSafeBC.

2. Human Rights Code

Harassment connected to a protected ground,  such as sex, race, disability, age, religion, or family status, constitutes discrimination and may be pursued before the BC Human Rights Tribunal.

3. Common Law

Civil claims for harassment (such as intentional or negligent infliction of mental suffering) are possible but limited. Where WorkSafeBC has jurisdiction, it may bar civil lawsuits. Courts typically allow civil claims only where conduct falls outside the workers’ compensation regime.

📌 What Is Not Harassment

Reasonable management actions are not harassment, including:

  • Performance evaluations
  • Legitimate discipline
  • Assigning work or adjusting schedules
  • Managing productivity or attendance

Examples of Workplace Harassment

Harassment may include:

  • Repeated insults or belittling remarks
  • Threats or intimidation
  • Social isolation or exclusion
  • Sexual comments or advances
  • Offensive emails, texts, or online posts
  • Cyberbullying

Important: In BC, a single serious incident can amount to harassment if it causes lasting psychological harm.

Employer Duty to Investigate Harassment

BC employers have a legal obligation to investigate harassment complaints.

Employers must:

  • Maintain a written harassment policy
  • Provide clear reporting procedures
  • Conduct impartial and timely investigations
  • Document findings and conclusions
  • Protect complainants from retaliation

Failure to conduct a fair investigation can itself create liability even if the underlying harassment is not proven.

Christopher Achkar - Employment Lawyer

As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:

“Workplace harassment affects everyone involved and can lead to serious legal and organizational consequences. Speaking with an employment lawyer can help both employees and employers know their rights and responsibilities safely.”

📌 Employer Liability Risk

A flawed, biased, or delayed investigation can significantly increase liability, even if harassment is ultimately not substantiated.  

Can You Sue Your Employer for Harassment in BC?

Human Rights Tribunal Complaint

Where harassment is linked to a protected ground, remedies may include:

  • Compensation for injury to dignity
  • Lost wages
  • Orders to change workplace policies or practices

WorkSafeBC Claim

If harassment causes a compensable mental injury, benefits may be available through WorkSafeBC.

Civil Lawsuit

Civil claims are possible only in limited circumstances and typically require:

  • Egregious conduct
  • Employer fault beyond statutory protections
  • Conduct falling outside WorkSafeBC’s exclusive jurisdiction

Employer Best Practices

BC employers should:

  • Maintain clear anti-harassment policies
  • Train staff and supervisors regularly
  • Respond promptly to complaints
  • Use neutral investigators
  • Document every step
  • Enforce strict anti-retaliation rules
  • Review policies to reflect evolving BC case law

What Employees Should Do

If you experience workplace harassment:

  • Document incidents carefully (dates, witnesses, messages)
  • Follow internal reporting procedures
  • Report concerns promptly
  • Avoid resigning without legal advice
  • Seek guidance if retaliation occurs

Questions About Workplace Harassment in British Columbia?

Workplace harassment matters are legally complex and highly fact-specific. Whether you are an employer managing a complaint or an employee considering your options, early legal guidance can help clarify rights, obligations, and next steps.

A British Columbia employment lawyer can assist with investigations, policy compliance, and navigating WorkSafeBC or Human Rights Tribunal processes before issues escalate.

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©