Harassment at work is more than just someone being rude or annoying. Here’s what actually counts as workplace harassment under Ontario law and what you can do about it.
Legal Definition of Workplace Harassment
Harassment usually involves repeated behavior, but a single serious incident can qualify (like a violent threat or sexual advance from a supervisor).
Common Examples:
Verbal Harassment:
- Insults, name-calling, or belittling comments
- Yelling or aggressive communication
- Offensive jokes about your appearance, background, or identity
- Spreading rumors or gossip about you
- Threats or intimidation
Sexual Harassment:
- Unwanted sexual comments or advances
- Inappropriate touching
- Sexual jokes or displaying sexual materials
- Requests for sexual favors
- Comments about your body or appearance
Discriminatory Harassment: Harassment based on protected grounds under the Human Rights Code:
- Race, ethnicity, or national origin
- Gender, gender identity, or sexual orientation
- Age or disability
- Religion or creed
- Family status or marital status
Psychological Harassment (Bullying):
- Excluding you from meetings or work activities
- Undermining your work or sabotaging projects
- Taking credit for your work
- Setting impossible deadlines or unrealistic expectations
- Constantly criticizing or micromanaging you unfairly
Workplace Cyberbullying:
- Harassing emails, texts, or messages
- Inappropriate social media posts about you
- Online threats or intimidation
What to Do If You're Being Harassed
Step 1: Tell Them to Stop (If Safe)
If you feel comfortable, clearly tell the person their behavior is unwelcome and needs to stop. Sometimes people don’t realize their conduct is problematic.
You don’t have to do this if:
- The harasser has power over you
- You feel unsafe or threatened
- The harassment is severe
Step 2: Document Everything
Keep detailed records:
- Dates, times, and locations of incidents
- What was said or done (exact words if possible)
- Who witnessed it
- How it made you feel
- Any emails, texts, or messages
Write things down as soon as they happen—don’t rely on memory weeks later.
Step 3: Report It
Tell your employer through the proper channels:
- Your supervisor (unless they’re the harasser)
- Human Resources
- The person designated in your harassment policy
- A senior manager
Put it in writing: Email or submit a written complaint so there’s a record.
Step 4: Know Your Rights
Your employer must:
- Take your complaint seriously
- Investigate promptly and fairly
- Keep information confidential (as much as possible)
- Protect you from retaliation
- Take action to stop the harassment
Your employer cannot:
- Ignore your complaint
- Blame you for the harassment
- Fire, demote, or punish you for reporting
- Force you to work with the harasser during investigation
Step 5: File External Complaints If Needed
If your employer doesn’t address the harassment:
Ministry of Labour: File a complaint for OHSA violations at 1-800-531-5551 or ontario.ca
Human Rights Tribunal of Ontario: If harassment involves discrimination, file within 1 year at sjto.ca/hrto
Wrongful Dismissal Claim: If you’re forced to quit due to harassment (constructive dismissal), consult an employment lawyer
Can You Be Fired for Reporting Harassment?
No. It’s illegal for your employer to retaliate against you for filing a harassment complaint. This includes:
- Firing or demoting you
- Cutting your hours or pay
- Giving you a bad performance review
- Treating you differently than before
If your employer retaliates, you have additional legal claims including reprisal complaints and wrongful dismissal.
Bottom Line
Harassment is illegal. If you’re experiencing repeated unwelcome behavior that demeans, intimidates, or upsets you—and the person knows (or should know) it’s unwelcome—that’s workplace harassment.
You have the right to a safe, respectful workplace. Document what’s happening, report it to your employer, and don’t hesitate to get legal help if the situation isn’t resolved.
