If you are experiencing workplace harassment, bullying or sexual harassment, you may be unsure how to protect yourself, how to raise the issue with your employer, or what to do if your employer fails to address it. A workplace harassment lawyer can help you understand your rights and the legal options available before you take steps that could affect your employment.
Monkhouse Law represents non-unionized employees in Toronto and across Ontario in workplace harassment and other employment law matters. Our employment lawyers can advise you on your options based on the circumstances of your workplace situation.
Ontario employers have specific obligations relating to workplace harassment under the Occupational Health and Safety Act (OHSA). Depending on the circumstances, workplace harassment may also engage protections under Ontario’s Human Rights Code.
How Can a Workplace Harassment Lawyer Help?
Workplace harassment situations can be difficult to navigate, particularly where the alleged harasser is a manager, supervisor or another person in a position of authority.
Depending on the circumstances, a workplace harassment lawyer may be able to help you:
- Understand whether the conduct you are experiencing may engage workplace harassment, human rights or other employment law protections;
- Understand your employer’s obligations and your available options;
- Prepare for or navigate an internal workplace harassment complaint;
- Assess your options if your employer has failed to appropriately investigate or address a complaint;
- Determine whether harassment or discrimination connected to a protected ground may engage Ontario’s Human Rights Code;
- Assess whether serious or ongoing workplace conduct may contribute to a constructive dismissal claim; and
- Understand the legal implications before resigning or taking another step that could affect your employment.
For a detailed explanation of workplace harassment, reporting procedures and employer investigation obligations, read our guide to workplace harassment in Ontario and your legal options.
When Should You Speak With a Workplace Harassment Lawyer?
It may be helpful to obtain legal advice where:
- The harassment is serious, repeated or escalating;
- The person accused of harassment is your manager, supervisor or employer;
- Your employer has failed to appropriately address or investigate your concerns;
- You believe you are being treated differently after raising a harassment complaint;
- The harassment is connected to a protected ground under the Human Rights Code;
- The workplace has become intolerable; or
- You are considering resigning because of what is happening at work.
Getting legal advice before resigning can be particularly important because whether a constructive dismissal has occurred depends on the specific facts and circumstances.
Workplace Harassment and Bullying
Workplace harassment can include a course of vexatious comments or conduct against a worker that is known, or ought reasonably to be known, to be unwelcome.
Depending on the circumstances, workplace harassment may include:
- Bullying or intimidation;
- Offensive or demeaning comments;
- Racist or culturally offensive remarks;
- Unwelcome sexual comments or conduct;
- Offensive jokes, images or communications;
- Repeated humiliating or belittling treatment;
- Aggressive behaviour; or
- Unwanted emails, text messages or other communications.
Not every disagreement, unpleasant interaction or management decision will constitute workplace harassment. Ontario’s OHSA specifically provides that reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment.
What If Your Employer Does Not Address the Harassment?
Under the OHSA, employers must ensure that an investigation appropriate in the circumstances is conducted into incidents and complaints of workplace harassment.
The employer must also inform the worker who allegedly experienced the harassment and the alleged harasser, if that person is a worker of the employer, in writing of the investigation results and any corrective action that has been or will be taken.
If you believe your employer has failed to appropriately investigate or address your concerns, an employment lawyer can help you understand what options may be available based on your circumstances.
Learn more about Ontario’s requirements for workplace harassment investigations.
Workplace Sexual Harassment and Sexual Assault
Ontario’s Occupational Health and Safety Act specifically addresses workplace sexual harassment. Sexual harassment may also engage protections under the Ontario Human Rights Code.
If you are experiencing sexual harassment at work, a workplace harassment lawyer can help you understand the legal options that may be available based on your circumstances. Read more about sexual harassment in the workplace.
Sexual assault involves more serious conduct and may raise issues beyond employment law. Monkhouse Law has also discusses employer liability arising from workplace sexual assault in Sexual Assault in the Workplace – Employer Liability.
Can Workplace Harassment Create a Toxic or Poisoned Work Environment?
Serious or ongoing harassment can contribute to a workplace becoming intolerable. Depending on the circumstances, a poisoned work environment may be relevant to a claim for constructive dismissal.
Constructive dismissal can arise where an employer substantially changes an essential term of employment without the employee’s agreement or, in some circumstances, where a course of employer conduct demonstrates that the employer no longer intends to be bound by the employment relationship.
Employees who believe their workplace has become unbearable because of harassment should consider obtaining legal advice before resigning.
Can You Refuse Unsafe Work Because of Workplace Harassment or Violence?
Workplace harassment and workplace violence are treated differently under Ontario’s Occupational Health and Safety Act.
A worker does not have a right to refuse work solely because they believe they are experiencing workplace harassment. However, section 43 of the OHSA may permit a worker to refuse work in certain circumstances, including where the worker has reason to believe that workplace violence is likely to endanger them.
Because work refusals are governed by specific legal requirements and procedures, employees who believe they are facing a dangerous workplace situation should obtain advice about the steps that apply to their circumstances.
What If Workplace Harassment Includes Threats or Violence?
Workplace violence can involve physical force, attempted physical force or threats of physical force that could cause physical injury. Serious conduct may also engage criminal law depending on what occurred.
Canada’s Criminal Code includes offences relating to conduct such as criminal harassment, threats and sexual assault.
If there is an immediate threat to your safety or the safety of another person, contact emergency services. Employment law advice can address the separate workplace and employment consequences of the conduct.
Workplace Harassment and Human Rights
Harassment may also fall under Ontario’s Human Rights Code where it is connected to a protected ground.
The Code protects employees from workplace harassment based on grounds including race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status and disability. Sexual harassment is also specifically addressed under the Code.
Depending on the circumstances, an employee may have remedies through the Human Rights Tribunal of Ontario. A workplace harassment lawyer can help assess whether a human rights process is relevant to your situation.
Workplace Harassment and Constructive Dismissal
Serious workplace harassment can, in some circumstances, contribute to a constructive dismissal.
If an employee has been constructively dismissed, they may potentially be entitled to damages arising from the termination of their employment. The available remedies depend on the circumstances, and constructive dismissal claims can be difficult to establish.
If you believe harassment is forcing you to leave your job, it is important to understand your legal position before resigning. Read more about resigning because of workplace harassment and constructive dismissal in Ontario.
Why Speak With Monkhouse Law About Workplace Harassment?
Monkhouse Law is an employment law firm representing non-unionized employees in Toronto and across Ontario. Our lawyers assist employees with workplace harassment, discrimination, constructive dismissal and other employment law issues.
Every workplace harassment situation is different. We can review the circumstances, explain which legal options may be available and help you determine the appropriate next steps before you make decisions that could affect your employment.
If you are a non-unionized employee dealing with workplace harassment or another issue with your employer, contact Monkhouse Law Employment Lawyers for a free 30-minute phone consultation.