Workplace harassment ontario is governed by a robust legal framework centered on the Occupational Health and Safety Act. This framework mandates that employers maintain safe environments free from vexatious comment or conduct that is known or ought reasonably to be known as unwelcome . Recent legislative updates and court decisions have significantly expanded these protections, reinforcing employer accountability and worker rights across both physical and virtual domains.
Key Legal Expansions and Employer Duties
Ontario has modernized its harassment laws to address contemporary work environments. Bill 190 formally extended the definition of workplace harassment to include conduct occurring virtually through information and communications technology . Concurrently, Bill 77 introduced enhanced protections against employer reprisal for workers who speak out about harassment and imposed monthly public reporting requirements on hospitals and long-term care homes . The Court of Appeal in Metrolinx v Amalgamated Transit Union further clarified that employers are statutorily obligated to investigate incidents of harassment even without a formal complaint, and that off-duty conduct manifesting in the workplace is subject to discipline . A poisoned work environment, characterized by a culture of intimidation and discriminatory comments, has also resulted in significant damage awards from the Human Rights Tribunal of Ontario .
What Workers Should Know and Do
Workers experiencing harassment have clear pathways to resolution. The following steps and resources are essential:
Document everything immediately: Maintain a written record of dates, times, locations, specific words or actions, the individuals involved, and any witnesses present. Save screenshots of virtual harassment from chats or meetings .
Report to your employer or supervisor: Notify your manager, human resources, or the person designated in your workplace harassment program. A formal complaint is not required; the employer must investigate as soon as they become aware of an incident .
Contact the Human Rights Legal Support Centre: This agency provides free legal advice and support for discrimination and harassment claims under the Human Rights Code. The Tribunal has awarded substantial compensation for injury to dignity and self-respect .
File a complaint with the Ministry of Labour: If your employer fails to have a policy, conduct an appropriate investigation, or provide information and instruction, the Ministry can enforce compliance with the OHSA.
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