Sexual Harassment in the Workplace in Canada: Your Rights

Sexual harassment in the workplace is prohibited across Canada. It can include unwelcome sexual comments, messages, advances or touching, as well as pressure to accept sexual attention to keep your job or get ahead.

You should not have to choose between your dignity and your paycheque. Whether the person involved is your boss, a coworker or a customer, you have options for addressing the behaviour and protecting your employment.

Samfiru Tumarkin LLP helps non-unionized employees in Ontario, Alberta and British Columbia deal with workplace sexual harassment, employer inaction and retaliation. We can explain your options, help you respond and pursue the compensation you are entitled to.

On This Page:

• 1. What Counts as Sexual Harassment?
• 2. Workplace Examples
• 3. Which Laws Apply?
• 4. Your Employer’s Responsibilities
• 5. What You Can Do
• 6. Compensation and Your Job
• 7. Common Questions
• 8. Get Legal Help

What Is Sexual Harassment in the Workplace?

Workplace sexual harassment is unwelcome behaviour of a sexual nature that harms your working environment or affects your employment. It does not have to involve physical contact. A pattern of inappropriate messages or comments can be harassment, and a single serious incident can also violate your rights.

People of any gender can experience sexual harassment. Harassment based on sex, sexual orientation, gender identity or gender expression can also violate human rights protections, even when the behaviour does not involve a sexual advance.

For other forms of abusive conduct, see our guide to workplace harassment. Our workplace discrimination guide explains how treatment connected to a protected personal characteristic can affect your rights.

Examples of Sexual Harassment at Work

Sexual harassment can happen on a job site, in an office, during a business trip or through work-connected messages after hours. Examples include:

• Sexual comments: A colleague repeatedly comments on your body or asks intrusive questions about your sex life.
• Unwanted messages: Someone sends you sexual images or propositions through email, text or workplace chat.
• Repeated advances: A supervisor keeps pursuing dates after it is clear that the attention is unwelcome.
• Unwanted contact: A coworker touches, grabs or kisses you without your consent.
• Pressure tied to your career: A manager suggests that better shifts or a promotion depend on a sexual relationship.
• A sexualized work environment: Staff circulate sexual rumours about you or display degrading sexual material.

What if they say it was a joke?

Calling something a joke does not settle whether it was harassment. The words or behaviour, the context and whether the person knew or should have understood that it was unwelcome all matter.

What if it happens at a work party or online?

The connection to your employment matters more than the location. Conduct at a company event, on a video call or in messages from a colleague can still raise workplace harassment concerns.

Which Sexual Harassment Laws Apply in Canada?

There is no single complaint process for every Canadian employee. Provincial or territorial human rights and workplace safety laws cover most workplaces. Federally regulated employers, such as banks, airlines and telecommunications companies, fall under a separate federal framework.

Your location and your employer’s industry help determine where a complaint belongs, the available remedies and the filing deadlines.

• Ontario: Read our dedicated guide to sexual harassment at work in Ontario for the provincial rules and investigation requirements.
• Alberta: Our workplace harassment in Alberta guide explains the local framework.
• British Columbia: Employee rights are covered in our BC workplace harassment guide.
• Federally regulated workplaces: The Canadian Human Rights Act prohibits sexual harassment. The Canada Labour Code and its harassment and violence prevention regulations also establish workplace obligations.

What Should Your Employer Do?

Your employer should take sexual harassment concerns seriously and follow the reporting, investigation and prevention requirements that apply to your workplace. A complaint should not be brushed aside because the person involved is a senior manager or valuable customer.

A fair response generally involves reviewing the allegations, gathering relevant evidence, hearing from those involved and taking appropriate steps to address any substantiated misconduct. The precise process and information you are entitled to receive depend on the applicable law.

What if the complaint is about your boss?

Check the workplace policy for an alternative reporting contact, such as HR, another manager or a designated recipient. If the person involved owns the business or there is no credible reporting route, get legal advice about how to raise the issue and protect your position.

Can HR promise complete secrecy?

A complaint should be handled with appropriate confidentiality, but an investigation usually requires some information to be shared. Ask who will receive your complaint, how the process works and what measures will protect you while it is being addressed.

What to Do if You Experience Sexual Harassment

1. Make a record. Write down what happened, when and where it happened, who was involved and any witnesses.
2. Preserve evidence. Save relevant messages, emails and other records you are legally entitled to keep.
3. Use the reporting process. Describe the conduct clearly, preferably in writing, and keep a copy of your complaint.
4. Track what happens next. Record the employer’s response and any changes to your duties, schedule, pay or treatment.
5. Get advice before making a major decision. A lawyer can help you assess a complaint, proposed transfer, settlement or departure from the workplace.

You do not need a perfectly organized file before contacting us. Start with what happened and what you are concerned about. If the harassment is affecting your health, seek medical support as well.

Sexual Harassment, Compensation and Your Job

Depending on what happened and the legal process available, remedies can include compensation for lost income, harm to dignity and other proven losses. Changes to workplace practices may also be available. If your employment ends, severance and dismissal claims may need to be addressed alongside the harassment.

Can you leave and still receive severance?

Serious harassment or an employer’s failure to address it can support a constructive dismissal claim. This can allow an employee to treat the employment relationship as having been ended by the employer and pursue severance pay.

Get advice before resigning. Whether that option is available depends on the facts, including the conduct and the employer’s response. We can review your situation before you decide how to leave.

What if you are punished after complaining?

A firing, pay cut, demotion or threat connected to asserting protected rights can raise a workplace retaliation claim. Record what changed and when. A complaint does not prevent unrelated, legitimate employment decisions, but it cannot lawfully be used as a reason to punish you.

If you are offered money to leave or settle, have the entire agreement reviewed. A release can affect more than your termination pay.

Frequently Asked Questions

Can I make a complaint if there were no witnesses?

Yes. A lack of witnesses does not automatically prevent a complaint. Your account, messages, notes, surrounding events and other evidence can all be relevant.

Do I have to be fired before speaking to a lawyer?

No. Getting advice while you are still employed can help you decide how to report the conduct, respond to your employer and protect your income.

Can I take action if the person was a customer?

Yes. Workplace protections can apply to conduct by customers and clients. Who was involved, what the employer knew and how it responded will matter.

What if I previously dated the person?

A previous relationship does not make later sexual attention welcome. Continued pressure, unwanted contact or workplace consequences after the relationship ends can raise legal concerns.

How long do I have to make a claim?

The deadline depends on the jurisdiction and type of claim. Different deadlines can apply to the same situation. Get advice promptly, even if you have already complained internally.

What if I am unionized?

Contact your union promptly about the grievance process and applicable deadlines. The relationship between a grievance and other complaint options depends on your jurisdiction. Our employment law services are for non-unionized employees.

Get Help With Sexual Harassment at Work

You do not have to figure out your next step alone. Tell us what happened, how your employer responded and what you want to change.

The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees in Ontario, Alberta and BC understand their options, deal with their employer and pursue appropriate compensation. Whether you want to remain at work or explore a departure, we can help you make an informed decision.