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Work should be a place where you feel safe, respected, and able to do your best work. Unfortunately, for too many people, that’s not the reality. Workplace harassment and bullying are serious issues that can take a huge toll on employees’ well-being, mental health, and even their careers. They’re sadly more common than you might think, and the impact can be devastating.
The good news? In Ontario, you have significant legal rights and protections against this kind of behaviour. Knowing these rights and understanding the proper reporting procedures is absolutely essential. This article will guide you through what constitutes harassment, what the law says, and how to effectively report it.
It’s crucial to understand what harassment and bullying legally mean, as it’s not just about someone being “unpleasant.”
In Ontario, under the Occupational Health and Safety Act (OHSA), workplace harassment is defined as:
This also explicitly includes workplace sexual harassment: “engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, or making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.”
It’s important to differentiate harassment from legitimate management action. Your boss giving you constructive criticism, assigning tasks, or managing performance (even if it’s tough) isn’t harassment, as long as it’s done professionally and without malicious intent.
Verbal/Psychological: Repeated yelling, insults, put-downs, spreading rumours, belittling, excluding someone, aggressive or intimidating behaviour.
Physical: (Less common but serious) Pushing, shoving, blocking someone’s path, or any form of unwanted physical contact.
Sexual Harassment: Unwanted sexual advances, inappropriate jokes, comments about appearance, displaying sexually explicit materials, or demands for sexual favours.
Discriminatory Harassment: Harassment based on protected grounds under the Human Rights Code (e.g., racist jokes, homophobic slurs, mocking someone’s disability or religion).
You are not alone, and you are not without protection!
Rights under OHSA: OHSA clearly states you have the right to a workplace free from harassment. Employers have specific duties under OHSA to:
Rights under the Human Rights Code: Beyond OHSA, the Ontario Human Rights Code protects you from harassment that is based on specific protected grounds. This means harassment due to your race, gender, disability, sexual orientation, age, religion, family status, and more, is illegal.
Employer’s Duty to Investigate: This is a crucial obligation. When a complaint of harassment is made (or if the employer becomes aware of it), they must investigate it appropriately. This investigation needs to be prompt, thorough, and impartial.
Taking action is key. Here’s how to go about it:
1. Document Everything: This is your most powerful tool. Keep a detailed record of every incident:
2. Follow Company Policy: Most workplaces have a formal harassment policy that outlines who to report to (e.g., your direct manager, HR, a specific designated person, or a senior leader if your manager is involved). Follow this policy. Put your complaint in writing if possible.
If your workplace doesn’t have a clear policy, if the internal process fails, or if you feel unsafe reporting internally (e.g., the harasser is senior management), you have other avenues:
1. Ministry of Labour, Training and Skills Development (MLTSD): For violations of the OHSA (including workplace harassment), you can contact the MLTSD. An inspector can investigate and issue orders to the employer.
2. Human Rights Tribunal of Ontario (HRTO): If the harassment is based on a protected ground (e.g., race, gender, disability), you can file an application with the HRTO. They resolve human rights disputes, often through mediation or formal hearings.
3. Police: If the harassment involves criminal acts (e.g., assault, threats, stalking, criminal harassment), you should contact the police immediately.
Once you report, a process should kick in:
The Investigation Process: Your employer should conduct a fair and impartial investigation. This usually involves interviewing you, the alleged harasser, and any witnesses. They should gather relevant documents and evidence. They might also bring in an external investigator for complex cases.
Timelines: While there’s no strict legal timeline, investigations should be conducted promptly.
Potential Outcomes: Based on the investigation’s findings, appropriate action should be taken. This can range from training for the harasser to formal disciplinary action, up to and including termination. Policies might also be reviewed and updated.
Protection Against Reprisal/Retaliation: This is a critical legal protection. Your employer cannot punish you (e.g., demote you, fire you, reduce your hours, or ostracize you) for reporting harassment in good faith. If you face reprisal, report it immediately to the Ministry of Labour or seek legal advice.
While you can navigate these processes yourself, a lawyer can be a huge asset:
When to Contact an Employment Lawyer:
How a Lawyer Can Assist: An employment lawyer can advise you on your rights, help you gather evidence, assist with drafting formal complaints, guide you through internal or external reporting processes, negotiate on your behalf, and represent you in litigation if necessary (e.g., at the Human Rights Tribunal or in civil court).
Workplace harassment and bullying are unacceptable and illegal in Ontario. You have strong legal rights under both the Occupational Health and Safety Act and the Human Rights Code designed to protect you and ensure a safe, respectful working environment. Taking action can be daunting, but it’s essential not only for your own well-being but also for fostering a better workplace culture for everyone.
Don’t suffer in silence (Know more about how to protect yourself from workplace harassment). Empower yourself by knowing your rights and the proper reporting procedures.
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