Sexual Harassment in the Workplace in Ontario

Sexual harassment at work can affect your health, your career, and your sense of safety. As an Ontario employee, you have the right to work in an environment free from harassment and discrimination under the Ontario Human Rights Code, and your employer has clear legal obligations under the Occupational Health and Safety Act (OHSA).

When sexual harassment happens, you may have several legal options, including internal complaints, workplace investigations, applications to the Human Rights Tribunal of Ontario, or civil claims.

This article explains what sexual harassment at work means in Ontario, what your employer must do, and the steps you can take if it is happening to you.

What is sexual harassment in the workplace?

Sexual harassment includes any unwelcome behaviour of a sexual nature that creates an intimidating, hostile, or offensive work environment. Under Ontario law, it is not limited to physical contact, and it is not limited to repeated behaviour. A single serious incident can qualify on its own.

Sexual harassment can happen between coworkers, between a supervisor and an employee, or involve third parties such as clients, customers, or contractors. It is also not limited to in-person conduct. Texts, emails, social media messages, and online communications can all amount to sexual harassment.

Forms of sexual harassment under Ontario law

Common examples of sexual harassment at work

Real-world examples of sexual harassment in Ontario workplaces include:

• A supervisor making repeated sexual comments about an employee's appearance
• A coworker sending sexually explicit messages or images
• Offensive jokes or comments about someone's gender, sexuality, or sexual activity
• Unwanted physical contact, hugging, or invasion of personal space
• A manager hinting that a promotion depends on going on a date
• Being demoted or sidelined after rejecting sexual advances

Conduct that may seem "subtle" can still amount to harassment if it creates a hostile environment. You do not need to have experienced the most extreme form of harassment to have a valid complaint.

What your employer must do under Ontario law

Ontario employers are legally required to take active steps to prevent and respond to sexual harassment. Their obligations include:

• Maintaining a written workplace harassment policy
• Providing training on harassment prevention
• Investigating complaints promptly and fairly
• Taking appropriate corrective action when harassment occurs
• Protecting employees from retaliation for reporting

If your employer fails to meet these obligations, that failure can support a complaint to the Human Rights Tribunal of Ontario, an OHSA complaint, or in some cases a civil claim. It can also strengthen a constructive dismissal argument if the workplace has become unsafe for you.

What to do if you experience sexual harassment at work

If you are being sexually harassed at work, the steps you take early can make a significant difference to the outcome.

1. Document what is happening

Keep dated notes of every incident, including what was said or done, who was present, and how it affected you. A clear written record is one of the most powerful tools you have.

2. Preserve evidence

Save messages, emails, photos, screenshots, and any other communications. Back them up somewhere your employer cannot access or delete.

3. Report through your employer's harassment policy

Where it is safe to do so, file a written complaint through the channel set out in your employer's policy. A documented internal complaint that the employer ignored is strong evidence in any later proceeding.

4. Be careful about internal investigations

Participate, but understand your rights first. Investigations can be mishandled, biased, or used to silence you. Legal advice before you give a statement is often the smartest move.

5. Get legal advice

A sexual harassment lawyer can help you decide whether to file with the Human Rights Tribunal of Ontario, pursue an OHSA complaint, or take other legal action, and can advise you on related claims like constructive dismissal.

How long do you have to act?

Human rights claims in Ontario are subject to strict timelines. In most cases, an application to the Human Rights Tribunal of Ontario must be filed within one year of the last incident of harassment.

What a workplace investigation should look like

When you raise a sexual harassment complaint, your employer is typically required to investigate. A proper workplace investigation should be:

If the investigation falls short on any of those points, that failure itself can become part of your legal claim. Many employees benefit from getting legal advice before participating in an internal investigation so they understand what to share, what to keep, and how to protect themselves through the process.

Legal remedies for workplace sexual harassment

If sexual harassment is established, available remedies may include:

Awards for injury to dignity can be significant, particularly where the harassment was serious, repeated, or involved a power imbalance such as a supervisor harassing a subordinate.

How a sexual harassment lawyer can help you

Frequently asked questions about sexual harassment at work in Ontario