Workplace harassment can take many forms, including bullying, intimidation, offensive comments and other unwelcome conduct. If you are experiencing workplace harassment in Ontario, you may be unsure about how to report it, whether your employer is required to investigate, and what legal options are available if the harassment continues.
Ontario employees have protections under workplace health and safety and human rights legislation. The steps available to an employee will depend on the circumstances, including the nature of the harassment and whether it is connected to a protected ground under the Ontario Human Rights Code.
What Is Considered Workplace Harassment in Ontario?
Under Ontario’s Occupational Health and Safety Act (OHSA), workplace harassment includes 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. The definition also includes workplace sexual harassment.
The OHSA definition of workplace harassment can also include conduct that occurs virtually through the use of information and communications technology.
However, not every difficult workplace interaction will constitute workplace harassment. The 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.
Examples of Workplace Harassment
Whether conduct constitutes workplace harassment will depend on the particular facts and circumstances. Ontario’s guidance on workplace harassment identifies examples that may include:
- Offensive or intimidating comments or jokes;
- Bullying or aggressive behaviour;
- Displaying or circulating offensive pictures or materials;
- Inappropriate staring;
- Workplace sexual harassment;
- Isolating or making fun of a worker because of a protected characteristic; and
- Repeatedly singling out a worker for humiliating or demeaning treatment.
Harassment may come from a manager or supervisor, another employee, or another person encountered in the course of employment. Whether particular behaviour meets the legal definition should be assessed in its specific context.
What Should an Employee Do If They Are Experiencing Workplace Harassment?
Generally, it is best to first try to address workplace harassment through the employer’s internal process where appropriate. If you have a concern, you should review your employer’s workplace harassment policy and program to determine how complaints are to be reported.
Depending on the workplace, a complaint may be reported to Human Resources, a supervisor or manager, an Ombudsperson, or another person designated by the employer.
If possible, you should keep things in writing and record the dates, places, details and witnesses to any harassment you experience. Relevant emails, text messages or other communications may also be important to preserve.
Ontario employers covered by the OHSA are required to have a workplace harassment policy and to develop and maintain a program to implement that policy. The program must include measures and procedures for workers to report incidents of workplace harassment and set out how incidents and complaints will be investigated and dealt with.
It may be helpful to consult with an employment lawyer experienced in workplace harassment early in the process to get guidance and support on how to bring and handle an internal complaint. If attempts to resolve the harassment internally are unsuccessful, an employee may consider what further legal options are available.
How Do You Report Workplace Harassment in Ontario?
Employees should generally follow the reporting procedures contained in their employer’s workplace harassment program.
A written complaint can help create a record of what was reported and when. Depending on the circumstances, a complaint may identify:
- What happened;
- When and where the conduct occurred;
- The person or people involved;
- Any witnesses to the conduct; and
- Relevant documents, emails, messages or other information.
Employees should consider keeping copies of the complaint and related communications.
What If Your Manager or Supervisor Is Harassing You?
Ontario’s OHSA specifically requires an employer’s workplace harassment program to include measures and procedures for workers to report incidents to a person other than the employer or supervisor where the employer or supervisor is the alleged harasser.
This is particularly important where the person an employee would normally report a workplace concern to is the person they are complaining about.
Does an Employer Have to Investigate Workplace Harassment?
Under the OHSA, an employer 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 workplace harassment and the alleged harasser, if the alleged harasser is a worker of the employer, in writing of the results of the investigation and any corrective action that has been or will be taken as a result.
Ontario’s guidance recommends that workplace harassment investigations be conducted as soon as possible and states that investigations should ideally be completed within 90 days or less unless there is a compelling reason why more time is required. The 90-day period is guidance rather than a statutory deadline.
For more information, see the Ontario government’s guidance on workplace harassment investigations.
Can You File a Workplace Harassment Complaint With the Ministry of Labour?
A worker may contact Ontario’s Ministry of Labour, Immigration, Training and Skills Development about an employer’s compliance with workplace harassment requirements under the Occupational Health and Safety Act.
For example, the Ministry may address whether an employer has the workplace harassment policy and program required by the OHSA and whether the employer has met applicable obligations relating to workplace harassment investigations.
However, a Ministry inspector does not determine whether the alleged workplace harassment actually occurred or award compensation to an employee for harassment.
Employees can learn more about making a workplace health and safety complaint through the Ontario government.
Is the Harassment Based on a Protected Ground?
In Ontario, employees have protection from workplace discrimination and harassment under the Ontario Human Rights Code when the conduct is connected to a ground protected by the Code.
Protected grounds in employment include race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status and disability.
The Code also specifically protects employees from workplace harassment because of sex, sexual orientation, gender identity and gender expression.
An employee who believes they have experienced discrimination or harassment contrary to the Human Rights Code can make an application to the Human Rights Tribunal of Ontario (HRTO).
For applications filed on or after June 1, 2025, the HRTO generally schedules mandatory mediation once an application proceeds through its preliminary process. If the matter does not resolve through mediation, it can continue through the Tribunal’s adjudicative process.
If the HRTO finds that discrimination occurred, remedies can include monetary compensation for financial losses such as lost wages, as well as compensation for injury to dignity, feelings and self-respect.
Are You a Federally Regulated Employee Experiencing Harassment?
Federally regulated employees are subject to a different workplace harassment and violence prevention regime.
The federal Work Place Harassment and Violence Prevention Regulations came into force on January 1, 2021. The Regulations contain requirements relating to workplace harassment and violence prevention policies, workplace assessments, emergency procedures, training and the resolution of occurrences of harassment and violence.
The Regulations require an employer to designate a person or work unit as the “designated recipient” to whom notice of an occurrence may be provided. A principal party or witness can generally provide notice of an occurrence to the employer or designated recipient.
Once notice is provided, the Regulations establish a resolution process that can involve negotiated resolution, conciliation where agreed to by the parties, and investigation where applicable.
If you are unsure whether your workplace is provincially or federally regulated, read more about federally regulated employers and industries in Canada.
Read more: New Regulations Against Harassment for Federally Regulated Employees
Federally Regulated Employees and Human Rights Complaints
Federally regulated employees may also have rights under the Canadian Human Rights Act where workplace discrimination or harassment is connected to a prohibited ground under federal human rights legislation.
Complaints under the Canadian Human Rights Act may be made to the Canadian Human Rights Commission. The process and available remedies depend on the circumstances of the complaint.
Are You a Provincially Regulated Employee Experiencing Harassment?
Most employees in Ontario fall under provincial workplace legislation.
Provincially regulated employers covered by the Occupational Health and Safety Act have specific obligations relating to workplace harassment. They are required to prepare a workplace harassment policy and develop and maintain a program to implement that policy.
The workplace harassment program must include procedures for workers to report incidents of workplace harassment and explain how incidents and complaints will be investigated and dealt with.
As discussed above, the employer must also ensure that an investigation appropriate in the circumstances is conducted into incidents and complaints of workplace harassment.
Employees can report concerns through their employer’s workplace harassment process and may also contact Ontario’s Ministry of Labour, Immigration, Training and Skills Development about compliance with the OHSA where appropriate.
Can You Sue Your Employer for Workplace Harassment?
The legal options available to an employee experiencing workplace harassment depend on the circumstances.
Workplace harassment may engage different areas of law. For example, harassment based on a protected ground may give rise to an application under the Ontario Human Rights Code, while severe workplace conduct may also be relevant to whether an employee has been constructively dismissed.
Employees considering court proceedings or another legal claim should obtain advice from an employment lawyer about the appropriate legal process and remedies available in their particular circumstances.
When Severe Harassment Leads to Constructive Dismissal
Severe harassment in the workplace that makes continued employment intolerable can legally sever the employment relationship and can result in a constructive dismissal. An employee can sue their employer for constructive dismissal through an action in the courts.
A constructive dismissal can occur where an employer unilaterally makes a substantial change to an essential term of the employment relationship. Constructive dismissal can also arise from a course of employer conduct that, viewed cumulatively, demonstrates that the employer no longer intends to be bound by the employment contract.
This can include substantial changes to an employee’s role, hours of work or wages. In appropriate circumstances, serious harassment or a poisoned work environment may also contribute to a constructive dismissal.
In a constructive dismissal, the employee treats their employment as terminated and may be entitled to damages arising from the termination of their employment, including applicable termination pay and/or severance.
Constructive dismissal cases resulting from harassment can be difficult to prove. Whether a constructive dismissal has occurred depends on the particular facts and circumstances and is assessed objectively.
Employees who believe harassment has made their continued employment intolerable should consider obtaining legal advice before resigning.
When Should You Contact an Employment Lawyer About Workplace Harassment?
It may be helpful to speak with an employment lawyer where workplace harassment is serious or ongoing, where the person accused of harassment is a manager or supervisor, where the employer has not appropriately addressed a complaint, or where an employee believes the workplace has become intolerable.
Legal advice can also be important before resigning from employment or taking legal action, since the available options will depend on the particular circumstances.
Monkhouse Law represents non-unionized employees in Ontario in employment law matters, including workplace harassment, discrimination and constructive dismissal. If you are a non-unionized employee experiencing an issue with your employer, contact Monkhouse Law for a free 30-minute phone consultation to discuss your legal options and rights.