Workplace Harassment in Ontario: Your Rights and Remedies

Two Legal Frameworks for Workplace Harassment

Workplace harassment in Ontario is addressed under two distinct legal frameworks: the Occupational Health and Safety Act (OHSA) and the Ontario Human Rights Code. Understanding both is important because they provide different — and potentially complementary — remedies.

Workplace Harassment Under the OHSA

Ontario's OHSA defines workplace harassment 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." Notably, this includes sexual harassment and workplace sexual violence.

The OHSA requires employers to:

• Have a written workplace harassment policy
• Conduct thorough, impartial investigations into reported harassment
• Provide the results of investigations to the complainant and respondent in writing

If your employer fails to conduct a proper investigation, you can file a complaint with the Ministry of Labour, which can order a third-party investigation at the employer's expense.

Harassment Under the Ontario Human Rights Code

If the harassment is related to a protected ground under the Human Rights Code (race, sex, disability, sexual orientation, etc.), you can file an application with the Human Rights Tribunal of Ontario (HRTO). The HRTO can award compensation for injury to dignity and self-respect, back pay, and orders requiring the employer to change policies.

Constructive Dismissal and Harassment

If workplace harassment is so severe or pervasive that it makes continued employment impossible, it may constitute constructive dismissal — entitling you to resign and claim wrongful dismissal damages.

What to Do If You Are Being Harassed

• Document every incident: dates, witnesses, what was said or done
• Report formally using your company's harassment complaint procedure
• Keep copies of all documents, emails, and messages
• Consult an employment lawyer to understand your full range of options