Workplace Harassment & Discrimination in Ontario

What Is Workplace Harassment Under the OHSA?

The OHSA defines workplace harassment as engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.

This includes:

• Verbal abuse, insults, or threats
• Spreading rumours or gossip to undermine someone
• Excluding or ignoring someone in work-related activities
• Intimidation or bullying behaviours
• Sexual harassment: unwanted sexual advances, touching, comments about appearance, or demands for sexual favours

Note: reasonable management actions (performance reviews, work assignments, discipline for cause) are not harassment even if the employee finds them unpleasant.

Employer Obligations Under Bill 168 (OHSA Amendments)

Ontario employers with more than 5 employees must have a written workplace harassment policy and program. Required elements include:

• A process for workers to report incidents to someone other than the harasser
• A process for investigating and resolving complaints
• An obligation to inform both parties in writing of the investigation results
• A process to maintain confidentiality where possible
• Annual review of the policy

If your employer refuses to investigate a harassment complaint, you can file a complaint with the Ministry of Labour. An inspector can order a third-party investigation.

What Is Workplace Discrimination?

The Ontario Human Rights Code prohibits discrimination in employment based on 17 protected grounds including:

Duty to Accommodate

Employers have a positive duty to accommodate employees to the point of undue hardshipwhen a protected ground is engaged — most commonly disability, religion, and family status. Undue hardship considers financial cost, health, safety, and impact on the workplace. Simply being inconvenient does not constitute undue hardship.

How to File an HRTO Application

1. File an Application (Form 1) with the Human Rights Tribunal of Ontario online.
2. Limitation period: Applications must be filed within one year of the last discriminatory act. Do not delay.
3. The respondent (employer) has 35 days to file a response.
4. Both parties may be required to attend mediation before a formal hearing.
5. If mediation fails, a Tribunal member conducts a hearing and issues a decision.

Remedies Available

The HRTO can order:

• Monetary compensation for lost wages and benefits
• Compensation for injury to dignity, feelings, and self-respect (often $5,000–$50,000+)
• Reinstatement or accommodation
• Policy changes at the employer level
• Human rights training for staff or management