Harassment in the Workplace (Ontario)

Workplace harassment and discrimination are prohibited under Ontario’s Occupational Health and Safety Act and Human Rights Code. These laws require employers to take reasonable steps to maintain a workplace free from conduct that a reasonable person would consider unwelcome, intimidating, or hostile.

Harassment may involve repeated comments, conduct, or actions — or, in some cases, a single serious incident — that adversely affects an employee’s dignity or psychological safety. From a legal perspective, the assessment often turns on context, frequency, power imbalance, and whether the conduct is connected to a protected human rights ground, such as age, sex, disability, race, or family status.

Employers are required to take complaints seriously and respond appropriately. This typically includes conducting a fair investigation, addressing substantiated misconduct, and ensuring that employees who raise concerns are not subject to reprisal. An employer’s failure to investigate, dismissing complaints without inquiry, or tolerating ongoing behaviour may itself constitute a breach of legal obligations.

Not all uncomfortable or inappropriate workplace interactions meet the legal threshold for harassment or discrimination. Courts and tribunals distinguish between general workplace conflict and conduct that is sufficiently serious or persistent to attract legal protection. This determination is fact-specific and depends on how the behaviour would reasonably be viewed in the circumstances, not solely on intent.

Speaking with an employment lawyer may be appropriate where:

• the conduct appears linked to a protected characteristic,

• complaints have been dismissed or ignored,

• retaliation or subtle reprisal has occurred, or

• the situation has affected continued employment or mental well-being.

At Bune Law, our employment lawyer, Sezar Bune, can review the relevant facts, explain how Ontario law is applied in similar cases, and outline potential avenues for addressing workplace harassment, including internal resolution, human rights complaints, or other legal options. Consultations are confidential and available by telephone or in person.