Sexual Harassment in the Workplace
Sexual harassment in the workplace is a serious legal and human rights matter that can affect any organization, impacting employee well-being, workplace culture, and employer liability.
In Ontario, the Human Rights Code guarantees every employee the right to a work environment free from discrimination, harassment, and sexual harassment.
Employers who fail to prevent or address incidents may face significant legal, financial, and reputational consequences. Employees who experience harassment have strong legal protections and multiple avenues for recourse.
This article explains what sexual harassment is, the legal obligations of Ontario employers, the rights of employees, and why acting promptly matters drawing on recent and leading case law to illustrate how these principles apply in practice.
What Is Sexual Harassment?
Under Ontario’s Human Rights Code, sexual harassment is prohibited in employment and covers any unwelcome conduct, comment, gesture, or contact of a sexual nature that undermines a person’s dignity or creates an intimidating, hostile, or offensive work environment.
Examples of sexual harassment in the workplace include:
- Unwanted touching or other physical contact
- Sexual jokes, innuendo, or suggestive remarks
- Repeated requests for dates or romantic attention after refusal
- Displaying or sharing sexually explicit images or materials
- Conditioning employment benefits on sexual favours
Sexual harassment can occur between co-workers, from a supervisor to a subordinate, or even by third parties such as clients or contractors. It is not limited by gender, position, or seniority.
Ontario Employers’ Legal Obligations
Employers in Ontario are required by both the Human Rights Code and the Occupational Health and Safety Act (OHSA) to maintain a workplace free from harassment.
This includes:
- Creating and implementing a written workplace harassment policy
- Providing regular training to all staff and managers on harassment prevention
- Conducting prompt and thorough workplace investigations into complaints
- Taking corrective action where harassment is found
- Protecting complainants from reprisal or retaliation
Failure to meet these obligations can lead to liability before the Human Rights Tribunal of Ontario (HRTO), civil courts, or under OHSA enforcement actions.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Sexual harassment is not only a legal issue, it’s a workplace risk that can escalate quickly if ignored. Whether you are protecting your team or standing up for your rights, the right legal advice is critical.”
Pertinent Cases
Be Careful What You Sign
Ending an employment relationship can be a stressful time, and severance or settlement agreements often come with immediate financial incentives that make signing them tempting.
However, these agreements almost always contain legal release clauses that give up your right to bring certain claims against your employer in the future.
This can include claims for workplace discrimination, wrongful dismissal, or even sexual harassment. Once signed, these releases are binding, and their impact can be far-reaching.
The Supreme Court of Canada case Pritchard v. Ontario (Human Rights Commission) illustrates this risk. In that case, the employee alleged sexual harassment, but the Human Rights Commission refused to proceed with most of her complaint because she had previously signed a severance agreement releasing her employer from all claims, including those under the Human Rights Code. The courts never examined the harassment allegations. The signed release ended the matter before it began.
This is why it is critical to understand every clause, obtain independent legal advice, and be sure you are comfortable with the rights you are giving up before you sign.
Deadlines Matter, Waiting Can Cost You Your Claim
When pursuing a human rights claim, it is not enough to have experienced discrimination or harassment; the law sets strict timelines for filing. In Ontario, the Human Rights Code generally requires an application to be filed within one year of the last incident. If the application is late, the Tribunal can only hear it if the delay was incurred in good faith and there is no substantial prejudice to the other party. Missing that window without meeting these conditions can end the case before it starts.
The Human Rights Tribunal of Ontario’s decision in Mitchell v. Perennial Inc. shows how unforgiving this rule can be. The applicant alleged workplace sexual harassment and assault, with the last incident occurring in March 2019, but she filed her Tribunal application in March 2021, nearly two years later.
She explained the delay as being due to her fragile mental state following the incidents. However, she did not provide medical evidence showing that her condition was so debilitating that it prevented her from filing within the one-year limit. The Tribunal noted that she was able to file internal complaints soon after the incidents, suggesting she could also have filed with the Tribunal at that time.
Without proof of good faith delay, the case was dismissed as untimely, and her allegations were never heard on the merits.
This is a clear reminder: act quickly, and get advice early, or you may lose your chance entirely.
Employee Rights and Options
If you have been sexually harassed in the workplace in Ontario, you may be entitled to legal remedies.
Possible steps include:
- Filing an internal complaint through your employer’s harassment policy
- Bringing an application before the HRTO
- Filing a complaint under OHSA with the Ministry of Labour
- Pursuing a civil claim for constructive dismissal or damages
An experienced employment lawyer or human rights lawyer can assess your options, help gather evidence, and represent you before tribunals or courts.
Conducting Proper Workplace Investigations
Once a complaint is made, a workplace investigation must be:
- Prompt – delays increase risk and harm
- Thorough – all relevant witnesses and evidence considered
- Impartial – conducted by an unbiased investigator, ideally external
- Confidential – protect privacy as much as possible
- Documented – with a clear written report and recommendations
Poorly conducted investigations can worsen liability and workplace tensions. Employers are strongly encouraged to retain third-party investigators or legal counsel for sensitive harassment cases.
Why Acting Promptly Matters
Delays in addressing sexual harassment in the workplace can:
- Worse harm to the complainant
- Reduce witness reliability and evidence quality
- Increase potential damage awards (including aggravated and punitive damages)
- Signal to staff that harassment is tolerated, eroding trust and morale
Both Mitchell and Pritchard demonstrate that timely, fair, and well-documented action is essential not just to comply with the law, but to protect workplace integrity.
How Achkar Law Can Help
We assist in addressing sexual harassment matters, including:
For Employees
- Evaluating if your rights have been violated
- Documenting and reporting harassment
- Filing and advancing HRTO or court claims
- Representing you in negotiations or hearings
For Employers
- Drafting and updating anti-harassment policies
- Conducting or overseeing impartial investigations
- Advising on disciplinary actions and legal compliance
- Defending against claims at the HRTO or in court
Conclusion
Sexual harassment in the workplace is a serious matter with lasting consequences for individuals and organizations.
Ontario law demands that employers take proactive steps to prevent and address harassment, and employees have robust protections to challenge it.
If you are dealing with a harassment issue, prompt action and legal guidance can make all the difference.
Contact Achkar Law
If you are facing sexual harassment in the workplace or need advice on prevention, compliance, or dispute resolution, contact Achkar Law
Call toll-free: 1-800-771-7882 | Email: [email protected]
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. ©
Workplace Law Topics
Employees: Human Rights, Workplace Harassment, Workplace Accommodations, Constructive Dismissal, Employment Dispute and Litigation
Employers: Employment Law, Workplace Investigations, Employment and Labour Compliance, Employment Policies and Procedures, Occupational Health and Safety