Sexual harassment in the workplace is a serious violation of human rights and a pervasive issue that can leave employees feeling powerless, humiliated, and unsafe. In Ontario, robust legal frameworks exist to protect workers and hold employers accountable. This blog outlines your rights, practical steps to address harassment, and how Ontario law can help you seek justice.

‍

1. Understanding Sexual Harassment Under Ontario Law

Under the Ontario Human Rights Code, sexual harassment is defined as unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences. It includes:

• Unwanted sexual advances, touching, or gestures.
• Sexual jokes, comments, or innuendos.
• Displaying sexually explicit images or materials.
• Threats or retaliation for rejecting sexual requests.

Sexual harassment can occur between coworkers, supervisors, clients, or third parties. It is considered a form of gender-based discrimination, even if the behavior is not explicitly sexual (e.g., demeaning remarks about gender identity).

‍

Key Legal Protections:

• The Human Rights Code prohibits harassment based on sex, gender identity, or sexual orientation.
• The Occupational Health and Safety Act (OHSA) requires employers to address workplace harassment, including sexual harassment.

‍

2. Immediate Steps to Take If You’re Harassed

‍

a. Document Everything

• Record dates, times, locations, and details of incidents.
• Save emails, texts, or other evidence.
• Note witnesses who can corroborate your experience.

b. Report Internally

• Follow your employer’s harassment policy (if available). Report to HR, a supervisor, or a designated contact.
• Submit complaints in writing and keep copies.

Employers are legally required to:

• Investigate promptly and impartially.
• Maintain confidentiality (as much as possible).
• Protect you from retaliation.

‍

c. Seek Support

• Confide in a trusted colleague, union representative, or counselor.
• Contact an employment lawyer or community organization (e.g., the Human Rights Legal Support Centre).

‍

3. Legal Recourse if Your Employer Fails to Act

If internal reporting does not resolve the issue, escalate your complaint:

‍

a. File a Human Rights Claim

• Submit a complaint to the Human Rights Tribunal of Ontario (HRTO) within 1 year of the last incident.
• The HRTO can order remedies such as compensation for injury to dignity, lost wages, and workplace policy changes.

‍

b. File a Complaint with the Ministry of Labour

• Under the OHSA, employers must investigate harassment. If they fail to do so, file a complaint with the Ministry. Inspectors can enforce compliance but cannot award personal compensation.

‍

c. Pursue a Civil Lawsuit

• Sue for constructive dismissal if the harassment forces you to resign.
• Seek damages for emotional distress, lost income, and employer negligence.

‍

d. Criminal Charges

• For severe acts (e.g., sexual assault, threats, stalking), contact local police. These offenses fall under Canada’s Criminal Code.

‍

4. Employer Obligations in Ontario

Employers must:

• Develop a written harassment policy and review it annually.
• Provide training to employees and supervisors.
• Investigate complaints promptly and protect victims from retaliation.
• Address risks of harassment in workplace violence assessments.

Failure to comply can result in fines up to $1.5 million for corporations under the OHSA.

‍

5. Examples

• Unwanted Advances: A supervisor repeatedly asks an employee for dates and touches their arm. The employee reports it, but the employer dismisses the complaint. The HRTO awards $25,000 for injury to dignity.
• Retaliation: After rejecting a coworker’s advances, an employee is excluded from key meetings. This constitutes retaliation under the Human Rights Code.
• Hostile Environment: A manager circulates sexist memes. Even if not directed at a specific person, this creates a toxic workplace and violates the OHSA.

‍

6. Protecting Yourself from Retaliation

• Retaliation (e.g., demotion, termination, or ostracization) for reporting harassment is illegal.
• Document any retaliatory acts and include them in your HRTO claim or lawsuit.

‍

7. Preventative Measures for Employees

• Familiarize yourself with your workplace’s harassment policy.
• Attend training sessions on rights and reporting procedures.
• Support coworkers who speak up about harassment.

‍

Conclusion

Sexual harassment is never acceptable, and Ontario law provides strong tools to combat it. By documenting incidents, reporting promptly, and leveraging legal avenues like the HRTO or civil lawsuits, you can hold harassers and employers accountable. Employers must prioritize prevention, training, and swift action to foster safe workplaces.

‍

Free Consultation with London Employment Lawyers

‍

Ontario’s laws provide critical protections for employees during mass layoffs, ensuring they receive fair notice, severance pay, and support. If you’re affected by a group termination, understanding your rights and seeking professional advice can help you navigate this challenging time and secure the compensation you deserve. Please do not hesitate to contact our experienced London employment lawyers for a free legal consultation. Randy Ai Law Office can be contacted at (548) 489-2006 or fill out the contact form.

‍