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Proving Workplace Harassment
Workplace harassment can seriously affect your health, your performance, and your career. In Ontario, workplace harassment is prohibited under the law, and your employer has clear legal responsibilities to prevent and address it.
This article explains what workplace harassment is in Ontario, what counts as harassment, what your employer must do, and what legal options you have if you are being harassed at work.
Facing workplace harassment in Ontario?
You do not have to figure out your next move alone. The wrong step early on can weaken your case later. Get clear guidance before the situation escalates.
Call: 1-800-771-7882 Speak With a Workplace Harassment LawyerWhat is workplace harassment in Ontario?
Under Ontario's Occupational Health and Safety Act (OHSA), workplace harassment means 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.
In plain language, harassment at work is repeated behaviour that humiliates, intimidates, or offends an employee, or a single serious incident that creates a hostile or unsafe environment.
What counts as harassment vs. normal workplace conflict?
Not every unpleasant interaction at work qualifies as harassment. The behaviour must be unwelcome and usually repeated, and it has to create a hostile environment a reasonable person would recognize.
Likely workplace harassment
- Repeated insults, slurs, or demeaning comments directed at you
- Threats, intimidation, or aggressive physical gestures
- Spreading malicious rumours or gossip about you
- Targeted exclusion, isolation, or public humiliation
- Offensive jokes or comments about your race, gender, religion, or disability
- Sexual harassment, including unwelcome comments, advances, or contact
- Conduct that creates a poisoned or toxic work environment
Probably not harassment
- A single unpleasant disagreement or argument
- Reasonable performance feedback, even when critical
- A manager enforcing legitimate workplace policies
- Disliking a coworker without any pattern of hostile conduct
- Isolated one-off misunderstandings between coworkers
- Routine assignments or workload changes within reason
Who can be responsible for workplace harassment?
Workplace harassment can come from anyone you encounter in a work-related setting, including a manager or supervisor, a coworker or peer, a subordinate, or a client, customer, or contractor. The behaviour does not have to come from someone with authority over you to count under the law.
Ontario employers have a legal duty to:
- Maintain a written workplace harassment policy
- Provide a clear process for reporting harassment
- Investigate complaints promptly and fairly
- Take appropriate corrective action where harassment is found
- Protect employees from reprisal for reporting
Employers who fail to meet these obligations can face liability under the OHSA, under the Ontario Human Rights Code where a protected ground is involved, and in civil court where the harassment supports a constructive or wrongful dismissal claim.
Is workplace harassment a crime in Ontario?
Some forms of harassment may be criminal, such as criminal harassment under the Criminal Code, threats, or assault. But most workplace harassment is addressed through one or more of the following legal pathways.
Internal investigation
A formal complaint through your employer's harassment policy, triggering a workplace investigation.
Human rights claim
An application to the Human Rights Tribunal of Ontario where the harassment is tied to a protected ground.
Civil claim
A lawsuit for damages, including a constructive dismissal claim where the workplace has become intolerable.
Ministry of Labour complaint
A complaint under the OHSA where your employer failed to investigate or address harassment.
The right path depends on the nature and severity of the conduct, who the harasser is, and what outcome you are looking for. Legal advice early on helps you choose the strongest route for your situation.
Not sure if what you are experiencing counts?
Many employees second-guess themselves before they reach out. A short conversation can give you clarity on whether you have a case and what your options actually are.
Get Advice Today Or call us: 1-800-771-7882What to do if you are being harassed at work in Ontario
If you are experiencing workplace harassment, the steps you take early can significantly affect the outcome.
1. Document everything
Keep dated notes of every incident, including what was said or done, who was present, and how it affected you. Save any emails, messages, or other communications. For a deeper walkthrough on evidence and documentation, see our article on how to prove workplace harassment in Ontario.
2. Review your employer's harassment policy
Ontario employers are required to have a written harassment policy and a complaint procedure. Knowing what your employer is supposed to do helps you spot when they are falling short.
3. File a formal complaint internally
Where it is safe to do so, report the harassment in writing through HR or the channel set out in your employer's policy. Your employer has a legal obligation to investigate.
4. Consider a human rights application
If the harassment is connected to a protected ground (such as sex, race, disability, religion, age, family status, or gender identity), you may have a claim under the Ontario Human Rights Code and can file an application with the Human Rights Tribunal of Ontario.
5. Get legal advice
In some cases, harassment becomes severe enough to support a constructive dismissal claim, a civil action, or a complaint to the Ministry of Labour. Legal advice helps you decide whether to stay, negotiate, or pursue a formal claim before you make a move that limits your options.
Can I quit because of harassment in Ontario?
Possibly, but quitting without legal advice is risky.
If harassment fundamentally changes your working conditions and your employer fails to address it, you may have a constructive dismissal claim. In that case, the law may treat your resignation as a dismissal and you may be entitled to severance, lost wages, and damages.
What if my employer does nothing?
If your employer fails to properly investigate or correct harassment, the consequences for them can include:
- Breach of their duties under the OHSA
- Liability under the Ontario Human Rights Code
- Grounds for a constructive dismissal claim
- Damages for mental distress, lost wages, and injury to dignity
Employers cannot ignore credible harassment complaints, and a documented paper trail showing they did is some of the most valuable evidence you can have. If you have reported harassment and nothing has happened, that is usually the point to get legal advice.
When should you speak to a workplace harassment lawyer?
Some situations are clear signals that you should not try to handle this on your own.
Get legal advice if any of these apply
- The harassment is ongoing and unresolved
- You are facing retaliation for raising concerns
- You are considering resigning
- The investigation into your complaint was unfair, delayed, or biased
- Your mental or physical health is being affected
- You have been terminated, demoted, or pushed out after raising concerns
Frequently asked questions about workplace harassment in Ontario
Can I sue my boss for harassment in Ontario?
In most cases, you do not sue an individual boss directly for harassment on its own. Instead, claims are typically brought against the employer through constructive dismissal, wrongful dismissal, a Human Rights Tribunal application, or a civil claim for damages. Your employer can be held responsible for failing to prevent or address harassment, including harassment by a supervisor.
Is yelling in the workplace harassment?
Occasional raised voices in a heated moment usually do not amount to harassment on their own. But repeated yelling, screaming, or aggressive verbal conduct directed at an employee can meet the legal definition of workplace harassment under the OHSA, especially when it humiliates, intimidates, or creates a hostile work environment.
Is workplace harassment a crime in Ontario?
Some forms of harassment may be criminal, such as threats, assault, or criminal harassment under the Criminal Code. Most workplace harassment, however, is handled through workplace investigations, human rights applications, civil claims, or Ministry of Labour complaints rather than criminal proceedings.
How long do I have to file a workplace harassment complaint in Ontario?
Human rights applications generally must be filed with the Human Rights Tribunal of Ontario within one year of the last incident. OHSA complaints to the Ministry of Labour should be made promptly. Civil claims have their own limitation periods. Waiting too long can limit your ability to pursue compensation or other remedies.
Can I be fired for reporting workplace harassment?
No. Ontario law protects employees from reprisal for asserting their rights under the OHSA or the Human Rights Code. If you are fired, demoted, or punished after raising a harassment complaint, that itself can give rise to additional legal claims.
Do I need a lawyer to file a workplace harassment complaint?
A lawyer is not required, but a workplace harassment lawyer can help you assess your case, gather evidence, navigate the complaint and investigation process, and represent you at a tribunal or in court.
Talk to an Ontario workplace harassment lawyer
If you are being harassed at work, you do not have to navigate it on your own. Our team helps Ontario employees understand their rights, deal with workplace investigations, and pursue the remedies they are owed.
Call us at 1-800-771-7882 or fill out the form below for a confidential consultation.
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. ©