Lutfi Law
Workplace harassment · Ontario

Workplace harassment lawyer
in Ontario

Harassed at work, or a complaint that was not dealt with? Advice for employees in Ontario on harassment, investigations and reprisal, online by video or phone.

Harassment complaintsSexual harassmentInvestigationsReprisal
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In Ontario, workplace harassment is covered by two laws. The Occupational Health and Safety Act requires employers to have a harassment policy and program, and to investigate incidents and complaints. The Human Rights Code protects employees from harassment linked to grounds such as race, creed, sex, disability and age. Which law applies, and what each one offers, depends on what happened.

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Harassment advice

We explain whether what happened may be covered, and which law applies.

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Investigations

Advice on your employer's duty to investigate, the process, and the written results.

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Human rights applications, reprisal and dismissal claims, and negotiated solutions.

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What counts as workplace harassment

The Occupational Health and Safety Act defines workplace harassment as 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. It includes harassment carried out virtually, such as by email, text or messaging apps, and workplace sexual harassment.

Reasonable action by an employer or supervisor relating to the management and direction of workers, such as performance feedback or discipline carried out fairly, is not workplace harassment under the Act.

Your employer's duties

Under the Occupational Health and Safety Act, employers must provide:

  • A workplace harassment policy and program, reviewed at least once a year. Where six or more workers are regularly employed, the policy must be in writing and posted.
  • A way for workers to report incidents set out in the program, including to someone other than the employer if the employer or supervisor is the alleged harasser.
  • An investigation into incidents and complaints that is appropriate in the circumstances.
  • Written results of the investigation, and of any corrective action, for the worker who complained and for the alleged harasser if they are a worker.

Harassment and human rights

When harassment is linked to a protected ground under the Human Rights Code, such as race, creed, sex, sexual orientation, gender identity, disability, age or family status, it may also be discrimination. An application to the Human Rights Tribunal of Ontario must generally be filed within one year of the last incident.

Penalizing someone for reporting harassment or raising a human rights concern can be a reprisal. Both the Code and the Occupational Health and Safety Act prohibit reprisals.

When harassment ends a job

Serious harassment that the employer does not address can, in some cases, amount to constructive dismissal. If you were let go after complaining, the timing and the reasons may be relevant to a wrongful dismissal or reprisal claim.

Related: Human rights · Human rights at work (guide) · Constructive dismissal

General information, not legal advice. Last reviewed: October 2026 · Lutfi Law

Workplace harassment

Common questions

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What is considered workplace harassment in Ontario?

Under the Occupational Health and Safety Act, it is a course of vexatious comment or conduct against a worker that is known, or ought reasonably to be known, to be unwelcome, including online or virtual harassment and workplace sexual harassment.

Is my manager's criticism harassment?

Not usually, if it is reasonable. Reasonable action relating to the management and direction of workers is not harassment under the Act. How the criticism is given, and whether it is linked to a protected ground, can change that.

Does my employer have to investigate my complaint?

Yes. Employers must ensure an investigation appropriate in the circumstances is conducted into incidents and complaints of workplace harassment, and inform the worker of the results in writing.

Can one incident be harassment?

Under the Act, harassment is generally a course of conduct. The Ontario Human Rights Commission notes that, in some cases, one incident can be serious enough to be sexual harassment.

Can I be let go for complaining about harassment?

Penalizing someone for reporting harassment or asserting human rights can be a reprisal, which both the Human Rights Code and the Occupational Health and Safety Act prohibit.

Is there a deadline?

An application to the Human Rights Tribunal of Ontario must generally be filed within one year of the last incident. Other claims have different time limits, some of them two years.

Is the first consultation free?

Yes. Initial consultation free for employment and human rights matters.

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