Under Ontario’s Occupational Health and Safety Act (OHSA), workplace harassment is defined as engaging in a course of vexatious comment or conduct against a worker that is known or ought reasonably to be known to be unwelcome.
In plain language — repeated behaviour that demeans, humiliates, intimidates, or isolates someone at work.
Common examples include:
- Constant criticism unrelated to job performance
- Being excluded from meetings or communications deliberately
- Spreading rumours or damaging someone’s reputation
- Yelling, threatening, or aggressive behaviour
- Taking credit for someone’s work repeatedly
- Unreasonable workloads designed to set someone up to fail
What Counts as Workplace Bullying
Ontario law does not use the word “bullying” specifically — but bullying behaviour falls under the harassment definition in the OHSA. It typically involves a power imbalance — a manager targeting a subordinate, or a group targeting an individual — repeated over time.
A single rude comment is not harassment. A pattern of demeaning behaviour is.
Sexual Harassment — A Separate and Serious Category
Sexual harassment is specifically addressed under both the OHSA and the Ontario Human Rights Code. It includes:
- Unwanted sexual advances or touching
- Requests for sexual favours
- Sexually suggestive comments or jokes
- Displaying offensive sexual material in the workplace
Sexual harassment does not have to be repeated to be actionable — a single serious incident can be enough.
Employee Rights
As an Ontario employee, you have the right to:
A harassment-free workplace. Every worker in Ontario has the right to work in an environment free from harassment and bullying — this is not a perk, it is a legal right under the OHSA.
A written harassment policy. Your employer is legally required to have a workplace harassment policy and program in place. You are entitled to see it.
A proper investigation. If you report harassment, your employer must conduct a workplace investigation that is appropriate in the circumstances. They cannot brush it aside or tell you to work it out yourself.
Protection from reprisal. You cannot be fired, demoted, or punished for reporting harassment. Doing so is reprisal — a separate violation under the OHSA.
A human rights complaint. If the harassment is connected to a protected ground — race, gender, disability, age, sexual orientation — you can file a complaint with the Human Rights Tribunal of Ontario, in addition to any OHSA claim.
Employer Responsibilities
Employers in Ontario carry significant legal obligations when it comes to workplace harassment. Ignoring the problem is not a defence — it is a liability.
Develop and maintain a written policy. Every Ontario employer with more than five employees must have a written workplace harassment and violence policy, reviewed annually.
Implement a harassment program. The policy must be backed by a real program — including how incidents are reported, how investigations are conducted, and how outcomes are communicated.
Investigate all complaints. When a harassment complaint is made, the employer must investigate promptly and thoroughly. The investigation must be objective — meaning the alleged harasser, especially if they are in management, should not be involved in the process.
Inform the parties of the outcome. Both the person who made the complaint and the person the complaint was about must be informed of the results of the investigation and any corrective action taken.
Take corrective action. If harassment is found, the employer must take steps to address it — up to and including termination of the harasser if warranted.
Protect confidentiality. Information about a harassment complaint must be kept confidential, except where disclosure is necessary to investigate or take corrective action.
What Happens When Employers Ignore It
Employers who fail to address harassment face serious consequences:
- Ministry of Labour orders requiring policy changes or corrective action
- Fines under the OHSA for non-compliance
- Human Rights Tribunal awards — including compensation for injury to dignity and lost wages
- Constructive dismissal claims — if the harassment made the workplace intolerable and the employee felt forced to resign
- Civil litigation in serious cases
The cost of ignoring a harassment complaint almost always exceeds the cost of addressing it properly from the start.
What To Do If You Are Being Harassed
1/ Document everything. Dates, times, what was said or done, and who witnessed it. Keep records outside of work systems where possible.
2/ Report it internally. Follow your employer’s harassment policy. Put your complaint in writing and keep a copy.
3/ If internal reporting fails — or if the harasser is your employer — contact the Ontario Ministry of Labour or the Human Rights Tribunal directly.
4/ Do not resign without legal advice. If the situation has become intolerable, speak to a lawyer first. Resigning without advice can affect your ability to claim constructive dismissal.
5/ Get legal advice if you have been punished for reporting, dismissed, or if the investigation was handled improperly.
The bottom line: No one should dread going to work because of how they are treated. Ontario law is clear — harassment is not acceptable, investigations are mandatory, and retaliation is illegal. If your employer is not taking it seriously, the law gives you options. Use them.
