No employee should be forced to endure harassment at work. Yet many remain silent—uncertain of their rights or fearful of retaliation. In Ontario, workplace harassment is specifically defined in the Occupational Health and Safety Act (OHSA) 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 definition is broad and includes workplace sexual harassment, which can involve:
-Unwelcome sexual advances, jokes, or comments
-Remarks or conduct related to sex, sexual orientation, gender identity, or gender expression
-Behaviour that creates a hostile, humiliating, or intimidating environment
Key Points Employers and Employees Must Understand
1. Harassment is not always repeated conduct
While harassment often involves a pattern of behaviour, a single incident may qualify if it is serious enough to meet the legal definition.
2. Harassment can occur in many contexts
It can happen between co-workers, from supervisors to subordinates, and even in employee–client or employee–third party interactions.
3. Power dynamics matter
Harassment often arises where authority or influence is misused, leaving the target feeling vulnerable or fearful.
4. Employer obligations are mandatory
Under Ontario law, all employers must:
Maintain a written Workplace Harassment Policy
Establish a clear reporting and complaint process
Investigate all complaints of workplace harassment
Why This Matters
Harassment doesn’t just create a toxic work culture—it leads to higher turnover, reputational damage, and costly legal claims. For employers, compliance with OHSA and the Human Rights Code is both a legal duty and a critical part of retaining a healthy, productive workforce. For employees, knowing your rights is the first step toward protecting your dignity and safety at work.
At SWANN LAW, we help employers implement effective policies and investigations, and we support employees in asserting their rights when harassment occurs. Workplace safety and dignity are non-negotiable.