Workplace Harassment in Ontario: What Should You Do?

In Ontario, fostering a workplace free from harassment in the workplace is not only about creating a positive environment but also a legal requirement, often necessitating the involvement of a workplace harassment lawyer. The Ontario Human Rights Code also governs workplace harassment. It is crucial to protect workers from domestic violence and other forms of harassment. This article is tailored to help both employers and employees understand the complexities of workplace harassment in Ontario, offering insights into legal definitions, prevention strategies, and steps to address incidents effectively.

Defining Workplace Harassment in Ontario: Legal Insights

“Workplace harassment in Ontario” is defined under the Occupational Health and Safety Act as 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. This encompasses various forms of demeaning behaviour, from verbal slurs to physical intimidation. It is important to understand what is considered workplace harassment and what is not, such as reasonable actions by managers or minor disagreements between co-workers.

Employers are required to develop and maintain a workplace harassment program in cooperation with the joint health and safety committee or the health and safety representative. This includes understanding their legal obligations to prevent and address harassment. The health and safety representative also advises on the assessment results of workplace violence and informs about the risks of workplace violence and harassment.

Identifying Common Forms of Workplace Harassment in Ontario

Let’s look at the common types of workplace harassment so we can all learn to spot them and help stop them. Workplace harassment also includes workplace sexual harassment, which involves unwelcome sexual advances or comments.

Verbal Harassment: This form involves making derogatory comments, jokes, insults, or slurs towards an individual or group based on characteristics such as race, gender, religion, sexual orientation, or disability. It can occur in conversations, meetings, phone calls, or even through written communications such as emails and texts.

Physical Harassment: Physical harassment includes any unwanted physical contact ranging from seemingly benign actions like patting or touching to more aggressive forms such as pushing, shoving, or physical assault. It also covers gestures that can create an intimidating or hostile work environment.

Psychological Harassment: Psychological harassment, also known as emotional or mental harassment, involves actions that can harm an individual’s mental well-being. This can include persistent criticism, spreading rumors, isolating someone socially, or undermining their work. It creates a toxic work environment and can lead to severe stress and anxiety.

Employers are required to develop and maintain a written workplace harassment program in consultation with the Joint Health and Safety Committee or health and safety representative.

Sexual Harassment

Sexual harassment is a form of harassment that includes unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature. Power dynamics can play a significant role in sexual harassment, often involving an abuse of power by individuals in positions of authority. Sexual harassment can also be related to gender identity, making it important to recognize and address all forms of harassment. This can manifest as inappropriate touching, suggestive comments, lewd jokes, or the display of sexually explicit material. It’s important to recognize that sexual harassment can affect anyone, regardless of their sex or gender, and can come from colleagues, supervisors, or clients.

Employers should develop and maintain a workplace harassment program in consultation with the joint health and safety committee to address and prevent sexual harassment.

Cyberbullying

With the increasing use of digital platforms for communication, cyberbullying, also known as digital harassment, has become a significant concern in the workplace. This form of harassment includes sending threatening emails, sharing derogatory comments on social media, online shaming, or spreading rumors through digital means. Cyberbullying can be particularly insidious as it can occur outside traditional workplace hours and environments, extending the reach of workplace harassment into the private lives of individuals.

Discrimination and Retaliation

Discrimination: This occurs when an employee is treated unfairly or unfavourably because of certain protected characteristics or protected grounds, such as age, race, gender, disability, religion, or sexual orientation. Discrimination can affect various aspects of employment, including hiring, training, job assignments, promotions, and compensation. All workplace parties, including employers, employees, and clients, have a role in preventing discrimination.

Retaliation: Retaliation involves punitive actions taken against an employee for engaging in legally protected activities, such as reporting harassment or discrimination, participating in an investigation, or supporting a harassed colleague. Examples include demotion, dismissal, reduced hours, pay cuts, or exclusion from professional development opportunities.

Understanding these forms of harassment is crucial for both preventing them and responding effectively when they occur. Ontario workplaces are required to have policies and procedures in place to address such behaviors, ensuring a safe and respectful environment for all employees. Recognizing and addressing these issues promptly can help maintain a positive work culture, reduce legal risks, and support employee well-being.

Responding to Workplace Violence and Harassment in Ontario

Dealing with workplace harassment can be tough, but knowing the right steps to take can help make the process less daunting. Here’s what you can do if you find yourself facing harassment at work in Ontario:

• Document the Behaviour
  • What It Means: Keep a detailed log of what happened, including the date, time, who was involved, and exactly what was said or done. If there were any witnesses or if the harassment was through texts or emails, make a note of that too.
  • Why It’s Important: This record can be very helpful if you decide to report the harassment. It’s proof of what you’ve experienced and shows that it’s a repeated problem, not just a one-time thing.
• Review Your Workplace Policies
  • What It Means: Look up your company’s rules or guidelines about harassment. These are often found in your employee handbook or the company intranet. This will tell you how your company says they’ll handle these situations.
  • Why It’s Important: Knowing your workplace’s policies helps you understand what steps you can take next and who in the company you can talk to about the harassment. Ensure you follow the workplace harassment program when documenting and reporting incidents.
• Report Appropriately
  • What It Means: Once you’re ready, report the harassment to someone in charge, like your manager, HR, or a designated harassment officer, depending on what your workplace policy suggests.
• Ensure you report incidents of harassment to the appropriate authority as outlined in your workplace policy.
  • Why It’s Important: Reporting starts the official process for dealing with the harassment. It’s a big step towards stopping it and making your workplace safer for everyone.
• Conduct a Workplace Investigation
  • What It Means: A workplace investigation involves a thorough review of the harassment complaint by a neutral party to gather facts and determine the validity of the claims.
  • Why It’s Important: Conducting a workplace investigation ensures that the complaint is taken seriously and handled fairly, which can help in resolving the issue effectively and maintaining a safe work environment.
• Seek External Advice
  • What It Means: If you’re not sure what to do, or if reporting it at work doesn’t help, you might want to talk to a lawyer who knows a lot about workplace harassment in Ontario. They can give you advice on your rights and what other steps you can take.
  • Why It’s Important: Sometimes, situations are complicated or don’t get resolved internally. A workplace harassment lawyer can guide you through your next options, which might include legal action.
• Take Care of Your Mental Health
  • What It Means: Experiencing harassment can be really hard on your mental and emotional well-being. It’s okay to seek support from friends, family, or professionals like therapists or counselors.
  • Why It’s Important: Taking care of yourself helps you cope with the stress and emotional toll that harassment can cause. It’s important to remember you’re not alone and support is available.

Ready to Address Workplace Harassment in Ontario with an Experienced Lawyer?
Let’s Talk About Your Workplace Harassment Policy.

If you’re facing the complexities of workplace harassment in Ontario, consulting with an experienced workplace harassment lawyer for legal advice can provide you with the clarity, direction, and support you need.

It is also crucial for employers to develop and maintain a written workplace harassment program in consultation with the Joint Health and Safety Committee or health and safety representative. This program should include information about reporting and investigating complaints of workplace harassment, as well as training for workers about the content of the program and the related policy. Consulting a lawyer can ensure that your workplace harassment program is effective and compliant with legal requirements.

Facing Workplace Harassment? Get Legal Help

Workplace harassment can undermine your professional environment and personal well-being. Understanding your workplace harassment policy is crucial in addressing and resolving harassment issues. Employers are required to develop and maintain a workplace harassment program in cooperation with the joint health and safety committee or the health and safety representative. If you’re experiencing harassment at work, it’s important to know that you have rights and options. Achkar Law specializes in addressing workplace harassment, providing you with robust legal representation to confront and resolve these issues effectively. Our experienced workplace harassment lawyers will guide you through the process of securing a safe and respectful work environment.

Phone Toll-free: 1 (800) 771-7882 | Email: [email protected]

 

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