What to do about Harassment at Work – Lawyer

As of January 1, 2021, employers in federally regulated fields in Canada are required to take comprehensive measures to prevent workplace harassment and violence. Mandated by Employment and Social Development Canada, the purpose of these measures is to foster safe and comfortable work environments for those working in Canada.

What Constitutes Workplace Harassment in Ontario?

Workplace harassment in Ontario is defined under the Occupational Health and Safety Act (OHSA) as engaging in a course of vexatious and/or uncomfortable comment or behaviour against a worker in a workplace that is known or ought to reasonably have been known to be unwelcome. This can include actions, comments, or behaviours that demean, belittle, or cause humiliation to a worker. In this sense, humiliation can be defined broadly as the deterioration of an employee’s sense of worth or self-respect.

Harassment can be verbal, physical, or psychological in nature and can occur between colleagues, between supervisors and subordinates, or even from external parties like clients or customers.

Some examples of harassment might include offensive jokes, implicitly or explicitly threatening comments, bullying, sexual harassment, and any other form of unwelcome conduct that creates a hostile work environment. Employers in Ontario are required to take complaints of workplace harassment seriously, conducting thorough investigations and taking appropriate action to resolve these kinds of issues. Workplace harassment occurs on a spectrum. This means that it can range from minor things like unwelcome remarks, to more serious matters like physical assault or sexual harassment.

It is important to note that harassment does not necessarily have to originate from another employee. Workplace harassment also encompasses any persons that the employee communicates with in the workplace, including customers, students, patients, and more.

What are my Rights if I Experience workplace Harassment?

You should first be aware that you are legally entitled to a safe and respectful work environment as an employee. You have the option to file a complaint with your employer, who is legally obligated to investigate and address your concerns. Employers are also obligated to ensure confidentiality during the investigation process and to provide support to you throughout the process.

Additionally, you have the right to refuse work if you believe it presents an immediate danger to your health or safety, which includes psychological harm. If your employer does not take appropriate action, you can file a complaint with the Ministry of Labour, Training and Skills Development or pursue a human rights claim with the Ontario Human Rights Commission if the harassment is based on a ground protected by the Ontario Human Rights Code (such as race, gender, or disability).

It is important to document all incidents of harassment, such as dates, times, other people who were present, and details of the inappropriate conduct, to substantiate your case. Without proof, it could be much more difficult to receive a fair or helpful outcome following a complaint.

What Obligations do Employers have to Prevent and Address Workplace Harassment?

Employers in Ontario have a legal obligation to maintain a work environment that is free from harassment. They must develop and implement a workplace harassment policy and program, which includes measures for workers to report incidents of harassment and outlines the process for investigating and resolving complaints.

Employers are required to provide training to all employees on the harassment policy and procedures, ensuring that everyone properly understands their rights and responsibilities. Additionally, employers must conduct fair and impartial investigations into all complaints, take appropriate corrective actions when necessary, and ensure that employees are not put at risk of retaliation from colleagues or superiors for reporting harassment in the workplace.

Employers are also encouraged to actively foster a tolerant workplace culture that upholds the values of respect, inclusivity, accessibility, and open communication, making it clear that harassment will not be tolerated. This could take the form of regular training to spot and prevent workplace bullying, for example. Employees must review their policy at least once a year in order to ensure that it is up to date.

How can I Document Incidents of Workplace Harassment?

Documenting incidents of workplace harassment is essential in building a strong case. It is important to keep a detailed record of each incident, noting the date, time, location, and nature of the harassment.

Include specific quotes or actions that were problematic, and identify any witnesses who were present. If the harassment is in written form, such as emails, text messages, or social media posts, save copies of these communications for future use.

Additionally, record how the harassment made you feel and impacted your life, both emotionally and professionally. Also, document any steps you took to address the situation, such as reporting the incident to a supervisor or Human Resources department. Maintaining a comprehensive log of incidents can support your claim and help ensure that your concerns are taken seriously by your employer or relevant authorities. It can also help hold your employer liable if they fail to adequately address your workplace harassment concerns.

What do I do if my Employer does not Adequately Address my Complaint?

If your employer fails to address your harassment complaint adequately, there are several steps you can take. First, you can escalate the issue within the organization by reporting to a higher authority, such as a senior manager or the human resources department. If internal processes do not resolve the issue, you can file a complaint with the Ministry of Labour, Training and Skills Development, which can investigate and enforce compliance with workplace harassment laws.

Additionally, if the harassment involves discrimination based on a ground protected by the Ontario Human Rights Code (OHRC), you can file a complaint with the Human Rights Tribunal of Ontario (HRTO).

Seeking legal advice from a lawyer who is skilled in the field of human rights and labour and employment law can help you better understand your rights and explore further legal options.

Additionally, when documenting all relevant incidents, it is important to detail your attempts of seeking resolutions. This helps indicate the seriousness of the situation and shows the extent to which the company has tried to rectify the issue. This would be useful in the future when you are trying to prove that the company did not take appropriate steps to rectify the issue of workplace harassment.