Workplace harassment in BC includes inappropriate behaviour or comments that someone knows, or should reasonably know, would humiliate or intimidate a worker. It can involve bullying, threats, personal attacks, sexual harassment or other abusive treatment connected to your work.
Employers covered by BC’s workplace safety rules must take reasonable steps to prevent bullying and harassment and address incidents when they happen. Harassment connected to race, sex, disability or another protected characteristic can also violate the BC Human Rights Code.
If your complaint is being ignored, your treatment has worsened or you feel pushed to quit, speak with the BC employment lawyers at Samfiru Tumarkin LLP before resigning or signing anything.
On This Page:
- 1. What Counts as Harassment
- 2. Your Employer’s Responsibilities
- 3. How to Report Harassment
- 4. WorkSafeBC & Human Rights Complaints
- 5. Quitting, Severance & Compensation
- 6. Protection From Retaliation
- 7. Workplace Harassment BC FAQs
What Counts as Workplace Harassment in BC?
Workplace harassment goes beyond an ordinary disagreement or reasonable feedback about your work. The concern is inappropriate treatment that someone knows, or should know, would humiliate or intimidate you.
The person responsible could be your employer, a manager, a coworker, a customer or someone else you encounter through work.
Examples of workplace harassment
Depending on the circumstances, workplace bullying and harassment can include:
- Verbal abuse: Yelling, name-calling, threats or repeated personal insults.
- Public humiliation: Ridiculing you in front of coworkers or customers.
- Malicious rumours: Spreading harmful stories intended to embarrass or undermine you.
- Targeted mistreatment: Deliberately sabotaging your work or isolating you to intimidate or humiliate you.
- Sexual harassment: Unwanted touching, sexual comments, explicit messages or pressure for sexual favours.
- Discriminatory harassment: Abusive comments or treatment connected to characteristics such as your race, disability, religion, sex or sexual orientation.
What is not workplace harassment?
Reasonable management action is not workplace harassment. Your employer can assign work, set expectations, provide constructive criticism and take reasonable disciplinary action.
However, calling something “performance management” does not automatically excuse threats, personal abuse or humiliation. What was actually said and done matters.
For a broader overview, see our guide to workplace harassment in Canada.
What Must Your Employer Do About Workplace Harassment?
Your employer must take reasonable steps to prevent workplace bullying and harassment where possible, or otherwise minimize it. Having a policy on paper is not enough if the workplace does not follow it.
Under WorkSafeBC’s bullying and harassment requirements, employers must:
- Set clear expectations: Have a policy explaining that bullying and harassment are not acceptable.
- Provide a reporting process: Explain how employees can report incidents, including when the person accused is the employer or a supervisor.
- Respond to incidents: Have and follow procedures for investigations, corrective action and record keeping.
- Train workers and supervisors: Explain how to recognize, report and respond to bullying and harassment.
- Review their approach: Review the required policies and procedures annually.
If your employer ignores the complaint, refuses to follow its process or allows the treatment to continue, keep a record of that response. It can be important when deciding your next steps.
How to Report Workplace Harassment in BC
Report the conduct promptly through your workplace’s harassment process and create a clear written record. Describe what happened rather than relying only on words such as “toxic” or “bullying.”
- Write down the incidents. Include dates, locations, specific words or behaviour, the people involved and any witnesses.
- Preserve relevant evidence. Keep messages, emails, complaint correspondence and other records you are legally entitled to retain. Do not take unrelated confidential information.
- Follow the reporting procedure. Send your complaint to the appropriate person, such as HR or a designated manager. Keep a copy and ask what happens next.
- Track the response. Record meetings, investigation steps, further incidents and any changes to your treatment after reporting.
What if your boss is the person harassing you?
Your employer’s reporting process must account for complaints involving the employer or a supervisor. Look for an alternative contact, such as HR, another senior manager or a designated outside person.
If no suitable route exists, or the person receiving complaints is also responsible for the harassment, get advice about how to report the problem and protect your position.
WorkSafeBC and Human Rights Complaints: Which Route Applies?
The right complaint process depends on what happened and which rights are involved. Reporting harassment to WorkSafeBC is different from pursuing a human rights complaint or a severance claim.
Reporting concerns to WorkSafeBC
Start by reporting the harassment to your employer through its procedures. If your employer has no appropriate process or has not taken reasonable steps to address the incident, contact WorkSafeBC’s Prevention Information Line.
After reporting to your employer and speaking with a prevention officer, you may submit a Bullying and Harassment Questionnaire for review. See WorkSafeBC’s reporting steps.
WorkSafeBC’s prevention process focuses on whether your employer is meeting its workplace safety obligations. It does not mediate the personal dispute or negotiate your severance package.
Filing a BC Human Rights Tribunal complaint
A human rights complaint may be available when the harassment is connected to a protected personal characteristic. Examples include sexual harassment, racist abuse or targeting someone because of a disability.
A manager being abusive does not, by itself, establish discrimination under the Human Rights Code. There must be the required connection to a protected characteristic in employment.
There is generally a one-year deadline to file a BC human rights complaint. Related incidents may qualify as a continuing violation, but do not assume an older incident remains eligible.
Can You Quit Because of Workplace Harassment and Get Severance?
Sometimes. Serious workplace harassment can amount to constructive dismissal, allowing you to pursue severance even though you were not formally fired.
This can happen when an employer creates or allows conditions that fundamentally undermine the employment relationship. The seriousness of the conduct, the employer’s involvement and its response to complaints can all matter.
Not every harassment complaint amounts to constructive dismissal. How you respond, what you communicate and when you leave can affect your claim. Get advice before handing in a resignation.
Learn more about constructive dismissal in BC.
How much severance could you receive?
If you have been constructively dismissed, your entitlement is assessed as a termination claim rather than an ordinary resignation. Your employment contract and factors such as your age, position, length of service and availability of similar work can affect the amount.
See our guide to severance pay in BC.
Can you receive compensation for discriminatory harassment?
Yes. A successful human rights complaint can result in compensation for lost income and harm to your dignity, feelings and self-respect. The Tribunal can also order the discrimination to stop.
These human rights remedies are different from ordinary severance. Where claims overlap, the same loss can’t simply be counted twice.
Can You Be Fired for Reporting Workplace Harassment in BC?
Your employer can’t lawfully punish you for raising a workplace health and safety concern. Firing, demoting, intimidating or cutting an employee’s hours because they raised that concern can amount to prohibited action.
WorkSafeBC has a separate prohibited action complaint process. Complaints generally must be submitted within one year of the retaliatory action.
The BC Human Rights Code also protects against retaliation connected to a human rights complaint.
Making a complaint does not prevent an employer from making legitimate, unrelated employment decisions. But if your treatment changes after you report harassment, document the changes and get advice about the reason given.
Workplace Harassment BC FAQs
Can one incident count as workplace harassment in BC?
Yes. WorkSafeBC’s definition does not require repeated incidents. A single incident can qualify if it meets the definition. The conduct and its context matter, not just how many times it happened.
Can harassment happen through work emails or messages?
Yes. Harassment does not have to happen face to face. Abusive emails, unwanted sexual messages, threatening texts and humiliating workplace group chats can all raise harassment concerns when connected to your work.
Do you need witnesses to report harassment?
No. You can report harassment even if nobody else witnessed it. Give a detailed account and preserve any supporting messages, notes or complaint records. Do not assume the issue cannot be addressed because the conduct happened in private.
What if harassment is affecting your health?
Speak with your healthcare provider if the situation is affecting your health or ability to work. Ask about appropriate treatment and any medical restrictions.
Work-related mental health injuries may also qualify for benefits through a separate WorkSafeBC mental health injury claim. That process has its own medical and eligibility requirements and is different from reporting an employer’s failure to address harassment.
Do the same rules apply to federally regulated employees in BC?
No. Federally regulated workplaces follow a separate federal harassment and violence framework, even when the employee works in BC. This can include workplaces in banking, airlines and telecommunications.
The applicable process comes from the Canada Labour Code and federal harassment and violence prevention requirements, rather than simply the provincial process described above.
Get Help With Workplace Harassment in BC
You should not have to choose between putting up with harassment and walking away from your income without understanding your options.
The BC employment lawyers at Samfiru Tumarkin LLP, including our Vancouver workplace harassment lawyers, help non-unionized employees dealing with harassment, ignored complaints, retaliation and pressure to resign.
We can review what happened, explain the steps that protect your position and determine whether you have a claim for severance or other compensation. Start by telling us what happened before you resign or sign an agreement.