Sexual harassment at work is illegal in Ontario. You don’t have to tolerate unwanted sexual comments, advances, touching or pressure to protect your job or career.
Sexual harassment can come from a manager, coworker, customer, client or anyone else connected to your workplace. It can happen in person, through texts or messages, at a work event or anywhere else connected to your job.
If you’re experiencing sexual harassment, document what happened and report it through your employer’s workplace harassment process. Your employer has a legal duty to respond appropriately and investigate workplace harassment. It also can’t punish you for rejecting sexual advances or asserting your human rights.
On This Page:
- 1. What Is Sexual Harassment at Work?
- 2. Examples of Sexual Harassment
- 3. What Must Your Employer Do?
- 4. What Should You Do?
- 5. Retaliation and Your Job
- 6. Can You Leave and Get Severance?
- 7. Frequently Asked Questions
What Is Sexual Harassment at Work in Ontario?
Sexual harassment is unwelcome conduct of a sexual nature or harassment connected to sex, sexual orientation, gender identity or gender expression.
It can include repeated comments or behaviour, but one serious incident can also be enough.
Sexual harassment does not have to involve physical contact. Comments, jokes, messages, images, repeated invitations or pressure for a sexual or romantic relationship can all cross the line.
Does the person have to intend to harass you?
No. Someone can’t excuse sexual harassment simply by saying they were joking, flirting or didn’t mean to offend you.
The impact of the conduct and whether it was unwelcome matter—not simply how the person who engaged in it describes their intentions.
Can sexual harassment happen outside the office?
Yes. Workplace sexual harassment isn’t limited to conduct that happens at your desk or during regular business hours.
It can happen through:
- Work email
- Texts or messaging apps
- Video calls
- Business trips
- Work parties or social events
- Other activities connected to your employment
For the broader rules covering non-sexual conduct, see our guide to workplace harassment in Ontario.
Examples of Sexual Harassment in the Workplace
Sexual harassment can be obvious or subtle.
Examples include:
- Unwanted touching, hugging, kissing or invading someone’s personal space
- Sexual jokes or comments about someone’s body, appearance or sex life
- Repeatedly asking someone on a date after they have shown they aren’t interested
- Sending sexual messages, images or videos through email, text, Teams, Slack or other platforms
- Displaying pornography or sexual images in the workplace
- Making comments based on sexual or gender stereotypes
- Using sexual insults or degrading names
- Pressuring someone for sex, dates or physical affection
- Offering a workplace benefit in exchange for sexual attention
- Threatening someone’s job or career after they reject a sexual advance
What if your boss asks you on a date?
A single invitation to a date is not automatically sexual harassment.
The situation becomes more serious when the invitation is unwelcome and continues, or when someone with power over your job, promotion, compensation or opportunities uses that position to pressure you for a sexual or romantic relationship.
Your career should never depend on whether you agree to a sexual advance.
What about consensual workplace relationships?
A mutual and welcome relationship is not sexual harassment simply because two people work together.
But consent has to remain voluntary. A past relationship, previous flirting or an earlier welcome interaction does not give someone permanent permission to continue sexual conduct after it becomes unwelcome. Learn more about workplace relationships.
What Must Your Employer Do About Sexual Harassment?
Your employer can’t simply ignore a workplace sexual harassment complaint.
Ontario’s Occupational Health and Safety Act requires employers to have a workplace harassment policy and a program explaining how complaints and incidents will be handled.
When workplace harassment is reported or discovered, the employer must ensure that an investigation appropriate to the circumstances is conducted.
The investigation process
A proper investigation should address what happened fairly and seriously. That normally includes gathering relevant information, speaking with the people involved and assessing available documents, messages or other evidence.
After the investigation, the complainant and the alleged harasser, if that person is a worker, must be told in writing about the results and any corrective action that has been or will be taken.
What if the alleged harasser is your boss?
Your workplace harassment program must provide another way to report harassment when the employer or supervisor is the person accused.
You should not be required to make your complaint directly to the person you say is harassing you.
Can your employer separate you from the alleged harasser?
An employer can take reasonable interim steps while an investigation is underway.
Those measures should not unfairly punish the person who raised the complaint. For example, moving you to a worse role, cutting your hours or damaging your career because you complained can create a separate retaliation issue.
What Should You Do if You’re Being Sexually Harassed at Work?
- Write down what happened. Record dates, locations, what was said or done and anyone who witnessed it.
- Save relevant evidence. Keep emails, texts, screenshots, messages or other records you are legally entitled to retain.
- Review your workplace harassment policy. It should explain where and how to make a complaint.
- Report the harassment. Put serious concerns in writing so there is a clear record of what you told the employer.
- Keep records of the employer’s response. Note meetings, investigation updates and any changes to your work afterward.
- Get legal advice if the conduct is serious, continues or isn’t properly addressed.
What if you don’t feel comfortable confronting the person?
You don’t have to confront the harasser before making a complaint.
People often stay quiet because they are worried about their job, career or the power held by the person involved. Failing to confront someone immediately does not mean you accepted or welcomed the behaviour.
What if your employer doesn’t investigate?
If your employer fails to meet its workplace harassment obligations, you can raise the issue with Ontario’s Ministry of Labour.
Sexual harassment connected to sex, sexual orientation, gender identity or gender expression can also lead to a human rights application. A Human Rights Tribunal of Ontario application normally must be filed within one year of the discrimination or harassment, or within one year of the last event in a series.
Different legal routes provide different remedies, so get advice before assuming which process is best for your situation.
Can Your Employer Punish You for Reporting Sexual Harassment?
No. Your employer can’t retaliate against you for asserting protected workplace or human rights.
Retaliation can include:
- Firing you
- Demoting you
- Cutting your hours or pay
- Suspending or disciplining you
- Excluding you from opportunities
- Suddenly placing you under excessive scrutiny
- Pressuring you to resign
- Threatening negative consequences because you rejected a sexual advance
Ontario’s Human Rights Code specifically protects people from reprisal for rejecting a sexual solicitation or advance and for asserting their human rights.
Learn more about workplace retaliation in Ontario.
Can You Quit Because of Sexual Harassment and Get Severance?
Severe or unresolved sexual harassment can make continued employment impossible. If the situation fundamentally damages the employment relationship, it can amount to constructive dismissal.
That can allow a non-unionized employee to leave the workplace and pursue severance rather than simply resigning with nothing.
But don’t resign first and try to sort out the legal consequences afterward.
Whether harassment supports constructive dismissal in Ontario depends on factors such as the seriousness and frequency of the conduct, who was involved, whether the employer knew about it and how the employer responded.
What if you’re fired after complaining?
A termination following a sexual harassment complaint should be reviewed carefully.
An employer can still make legitimate employment decisions for reasons unrelated to a complaint. It cannot fire you because you rejected sexual advances or asserted protected workplace rights.
If your employment has ended, don’t sign a severance agreement or release until the termination and harassment issues have been reviewed together.
Sexual Harassment at Work Ontario: Frequently Asked Questions
Is sexual harassment at work illegal in Ontario?
Yes. Sexual harassment is prohibited under Ontario human rights law and is specifically addressed by Ontario’s workplace harassment rules.
Does sexual harassment have to happen more than once?
No. Repeated conduct can amount to harassment, but one serious incident can also violate your rights.
Does sexual harassment have to involve touching?
No. Sexual comments, jokes, messages, images, repeated invitations, sexual propositions and other unwanted conduct can all constitute sexual harassment.
Can my boss ask me out?
A single respectful invitation is not automatically harassment. But repeated unwanted invitations or sexual pressure become a serious issue, particularly when the person controls your pay, promotion, schedule, job security or other workplace opportunities.
What if I didn’t tell the person to stop?
You can still have been sexually harassed. Employees do not lose their rights because they were uncomfortable, afraid or unable to confront the person when the behaviour happened.
Can sexual harassment happen through text messages or social media?
Yes. Sexual messages, images or other conduct can be workplace harassment when there is a connection to the employment relationship.
Can I be fired for making a sexual harassment complaint?
Your employer can’t fire or punish you because you exercised protected harassment or human rights. A termination after a complaint should be reviewed for reprisal as well as your termination and severance pay rights in Ontario.
How long do I have to make a human rights claim?
A Human Rights Tribunal of Ontario application normally must be filed within one year of the alleged discrimination or harassment. If there is a series of related events, the one-year period normally runs from the last event.
Should I quit if the harassment doesn’t stop?
Not before getting legal advice. If the situation amounts to constructive dismissal, you can have severance rights that a simple resignation puts at risk.
Get Help With Sexual Harassment at Work in Ontario
Sexual harassment can leave you wondering whether speaking up will make the situation worse or whether quitting is the only way to make it stop.
You have options, and the process doesn’t need to be overwhelming.
The Ontario employment lawyers at Samfiru Tumarkin LLP can review what happened, explain how to raise the issue with your employer and determine whether you have human rights, retaliation, constructive dismissal or severance rights.
If the harassment has already been reported and your employer isn’t addressing it—or you’re being punished for speaking up—get advice before resigning or signing anything.
Further Reading
- Workplace Harassment Ontario
- Workplace Retaliation Ontario
- Constructive Dismissal Ontario
- Workplace Harassment Lawyer Toronto
- Workplace Harassment Lawyer Ottawa