Workplace harassment in Ontario is any unwelcome behaviour, comment, or action that makes an employee feel intimidated, embarrassed, humiliated, or unsafe at work. This definition comes from the Occupational Health and Safety Act (OHSA) and the Ontario Human Rights Code.
Harassment can come from anyone — a manager, coworker, subordinate, customer, or contractor. If the conduct creates an uncomfortable or hostile environment, it is illegal.
Watch the video below from the Employment Law Show and read on to learn more about workplace harassment and your rights as a non-unionized employee in Ontario.
Harassment vs. Bullying at Work (Important Distinction)
While many people use the word bullying in everyday language, Ontario law uses the term “workplace harassment.”
Harassing behaviour includes things some people call bullying, but the legal process is centred around harassment.
If you’re looking specifically for information on bullying behaviour, visit our separate guide: ➡️ Workplace Bullying Ontario
Workplace Harassment Laws in Ontario
Ontario protects employees from harassment through two main laws:
Occupational Health and Safety Act (OHSA)
Under the OHSA, employers must:
- Create a workplace harassment policy
- Provide training on the policy
- Conduct risk assessments
- Investigate every complaint promptly and thoroughly
- Keep records of reports and investigations
- Ensure employees know how to report concerns
- Support employees who experience harassment
Employers must take every reasonable step to keep the workplace safe and respond properly to any reported harassment.
Ontario Human Rights Code
The Code protects employees from harassment based on protected grounds, including:
- Race
- Sex
- Disability
- Age
- Religion
- Sexual orientation
- Gender identity or expression
- Family status
- Marital status
- Ethnic origin
- Citizenship
- Place of origin
Harassment tied to a protected ground is both a safety issue and a human rights violation.
Examples of Workplace Harassment in Ontario
Harassment can take many forms. Common examples include:
Verbal Harassment
Insults, offensive jokes, comments about personal characteristics, name-calling, or demeaning remarks.
Social or Group Harassment
Excluding someone from meetings, conversations, or workplace activities in a way that isolates or undermines them.
Physical Harassment
Unwelcome physical contact, aggressive gestures, or behaviour that makes someone feel unsafe.
Psychological Harassment
Threatening behaviour, intimidation, or ongoing conduct that harms a person’s mental well-being.
Sexual Harassment
Unwanted touching, sexual comments, suggestive messages, inappropriate jokes, or displaying explicit materials.
Racial or Cultural Harassment
Slurs, stereotypes, jokes, or comments targeting someone’s race, ethnicity, or nationality.
Online or Digital Harassment
Offensive emails, messages, posts, or conduct through workplace communication tools.
What Is Not Workplace Harassment?
Some uncomfortable or difficult workplace situations do not meet the legal test for harassment. These include:
- Constructive feedback about performance
- Reasonable management actions, such as assigning tasks, setting deadlines, or enforcing rules
- Normal workplace disagreements, if addressed professionally
- Friendly, mutual interactions that are welcome
- Professional discipline carried out fairly and respectfully
Understanding this boundary helps employees recognize when conduct crosses the line.
Who Can Experience Workplace Harassment?
Workplace harassment can affect:
- Employees
- Supervisors and managers
- Contractors
- Volunteers
- Customers and clients
You don’t have to be the direct target. Witnessing harassment can still create a hostile environment.
Effects of Workplace Harassment
Harassment often leads to:
- Stress and anxiety
- Trouble sleeping
- Loss of appetite
- Digestive issues
- Headaches or migraines
- Depression
- Difficulty concentrating
- Reduced productivity
- Strained relationships outside of work
These impacts show why it’s important for employees to act quickly when harassment starts.
How to Respond to Workplace Harassment in Ontario
Here’s a clear, simple process for non-unionized employees:
1. Recognize the behaviour
Harassment is any unwelcome conduct that offends, humiliates, or intimidates you.
2. Document everything
Record dates, times, details, witnesses, and keep emails or messages.
3. Review workplace policies
Most Ontario employers are required to have a harassment policy under the OHSA.
4. Report the harassment
Follow your employer’s reporting process — usually through a manager or HR.
5. Seek support
Use employee assistance programs or mental health supports if needed.
6. Contact the Ministry of Labour
If your employer fails to investigate, you can file a complaint with the Ministry.
7. Contact the Human Rights Tribunal
If the harassment is based on a protected ground, you may file a human rights application within one year of the last incident.
8. Speak to an employment lawyer before filing anything
A lawyer at Samfiru Tumarkin LLP can tell you whether to pursue a Ministry complaint, a human rights claim, or a constructive dismissal claim in Ontario — so you choose the right path.
How to Prove Workplace Harassment
You do not need absolute proof — but documentation helps. Collect:
- A written record of incidents
- Emails, texts, or messages
- Screenshots
- Notes about who you reported the issue to
- Copies of your employer’s responses
- Witness names
This evidence will support any legal claim or internal complaint.
Employer Obligations Under Ontario Law
Ontario employers must:
| Employer Obligation | What It Means |
|---|---|
| Create a Harassment Policy | Provide a written, accessible policy outlining definitions, reporting steps, and investigation procedures. |
| Perform Risk Assessments | Regularly check for harassment risks and implement steps to reduce them. |
| Train Employees | Ensure all staff understand the policy and know how to report concerns. |
| Investigate Complaints | Conduct prompt, fair, and thorough investigations. |
| Take Corrective Action | Address confirmed harassment, including discipline if needed. |
| Support Employees | Offer accommodations or support during and after the process. |
| Prevent Reprisals | Protect employees who come forward from retaliation. |
Constructive Dismissal and Harassment
Harassment can create a work environment so intolerable that a reasonable person would feel forced to leave. This is known as constructive dismissal.
Examples include:
- Ongoing, unresolved hostile conduct
- Sexual harassment that is ignored or minimized
- Discriminatory harassment based on human rights grounds
- A toxic workplace your employer refuses to fix
Before resigning, get legal advice.
If constructive dismissal is proven, you may be entitled to full severance pay in Ontario, just as if you were terminated.
Fired for Reporting Workplace Harassment?
In Ontario, it is illegal for an employer to punish or terminate an employee for raising a harassment issue. This includes:
- Firing
- Demotion
- Suspension
- Cutting pay
- Changing job duties
- Any negative treatment tied to raising concerns
If this happens, you may have a wrongful dismissal claim and could be owed significant severance.
Do not sign any termination documents before speaking with an employment lawyer.
Ontario Workplace Harassment Lawyers: How We Help
Samfiru Tumarkin LLP is Canada’s most experienced employee-side law firm. Our lawyers help non-unionized employees understand:
- Whether the behaviour qualifies as harassment
- What legal options are available
- Whether constructive dismissal has occurred
- Whether a human rights claim is appropriate
- What severance you may be owed
With more than 3,000 Google reviews, millions recovered for clients, and over 50,000 employees helped, we are the trusted choice for workplace harassment cases in Ontario.
If you need guidance, contact us before taking steps that could limit your rights.
📞 Call 1-855-821-5900 or use our consultation form today.