What is considered workplace harassment in Ontario?
The Occupational Health and Safety Act 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. The definition expressly includes harassment carried out virtually, through information and communications technology, such as email, text messages, messaging apps and video calls.
The Act also defines workplace sexual harassment. It covers vexatious comment or conduct against a worker because of sex, sexual orientation, gender identity or gender expression, and a sexual solicitation or advance made by someone in a position to grant or deny the worker a benefit or advancement, where that person knows or ought reasonably to know it is unwelcome.
What is not workplace harassment?
Under the Act, a reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment. Performance reviews, reasonable feedback, assigning work and fair discipline usually fall into this category. The way management action is carried out still matters: conduct that is humiliating, threatening or targeted may cross the line, even when it is presented as management.
Harassment under the Human Rights Code
The Human Rights Code protects employees from harassment in the workplace because of protected grounds, including race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, family status and disability, and from sexual harassment. The Code defines harassment as a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. The Ontario Human Rights Commission notes that, in some cases, a single incident can be serious enough to be sexual harassment.
When harassment is linked to a protected ground, it may also be discrimination, and an application can be made to the Human Rights Tribunal of Ontario. Applications must generally be filed within one year of the last incident.
What employers must do
Under the Occupational Health and Safety Act, employers in Ontario must take several steps to address workplace harassment:
- Prepare a workplace harassment policy and review it at least once a year. Where six or more workers are regularly employed, it must be in writing and posted in a conspicuous place.
- Develop and maintain a written program to carry out the policy, including how workers can report incidents to someone other than the employer or supervisor if that person is the alleged harasser.
- Ensure that an investigation appropriate in the circumstances is conducted into incidents and complaints.
- Inform the worker who experienced the harassment, and the alleged harasser if they are a worker, in writing of the results of the investigation and any corrective action taken or to be taken.
- Set out in the program how information about an incident or complaint will be kept confidential, unless disclosure is needed to investigate, take corrective action or comply with the law.
How complaints and investigations work
Most workplace harassment programs describe how to report a concern, who receives it, and how it will be investigated. Some employers investigate internally; others bring in an outside investigator. A Ministry of Labour inspector can also order an employer to have an investigation conducted, at the employer's expense, by an impartial person with the knowledge, experience or qualifications the inspector specifies.
Many people find it helpful to keep their own record of what happened, when, and who was present, along with any messages or emails. Raising a concern through the employer's process, where it is safe to do so, often creates a written record of when the employer was told.
Reprisal for reporting harassment
Both laws protect people who speak up. The Occupational Health and Safety Act prohibits reprisals against workers who act in compliance with the Act or seek its enforcement, and complaints about such reprisals can be made to the Ontario Labour Relations Board. The Human Rights Code prohibits reprisal or threats of reprisal against a person who claims or enforces their rights under the Code.
When harassment affects the job itself
Serious harassment that the employer causes or does not address can, in some cases, amount to constructive dismissal. Ontario's guide to the Employment Standards Act lists harassment or abuse among the situations that may qualify. If an employee is let go shortly after complaining, the timing may be relevant to a wrongful dismissal or reprisal claim. For many employment claims in court, the general limitation period is two years.
Lutfi Law advises employees across Ontario on harassment, investigations and reprisal, online by video or phone. Initial consultation free for employment and human rights matters.
Last reviewed: October 2026 · Lutfi Law
Sources: ontario.ca · ontario.ca · ontario.ca · ontario.ca · ohrc.on.ca · tribunalsontario.ca · ontario.ca