Workplace Harassment in Canada: Your Rights and Options
Workplace harassment in Canada is covered by two main systems. Occupational health and safety laws require employers to have harassment policies, to investigate complaints and to protect workers from reprisal. Human rights laws prohibit harassment linked to protected grounds such as sex, race, disability, religion or sexual orientation, and allow victims to claim compensation. Serious harassment can also support a constructive dismissal claim, and some conduct, such as assault or criminal harassment, is a crime.
This article is part of the guide to employment law in Canada.
The short version
- Harassment can be a single serious incident or a pattern, and it includes online conduct.
- Reasonable management action, such as fair performance reviews, is not harassment.
- Employers must have a policy, investigate complaints and protect against reprisal.
- Health and safety inspectors can enforce the employer's duties but generally cannot award compensation.
- Human rights tribunals can award compensation where harassment is linked to a protected ground, usually within one year.
- Severe or tolerated harassment can amount to constructive dismissal.
What Counts as Workplace Harassment
Under Ontario's Occupational Health and Safety Act, workplace harassment is unwanted conduct or comments against a worker, including online or through other technology, that the harasser knows or ought reasonably to know is unwelcome. It can be a single serious incident or a series of incidents. Workplace sexual harassment covers similar conduct based on sex, sexual orientation, gender identity or gender expression, and unwelcome sexual solicitation or advances by someone in a position to confer a benefit.
Examples can include:
- insults, threats, intimidation or yelling
- offensive jokes, slurs or images
- spreading rumours or deliberately excluding someone
- unwanted sexual comments, touching or advances
- cyberbullying through email, messaging apps or social media
What is not harassment
Reasonable action by an employer relating to the management and direction of workers is not harassment. This includes fair performance reviews, discipline that follows a reasonable process, and changes to work assignments made for legitimate reasons.
The Employer's Duties
| Jurisdiction | Key requirements |
|---|---|
| Ontario | Written workplace violence and harassment policies and a program, investigation of complaints appropriate to the circumstances, and written results to the complainant and alleged harasser |
| British Columbia | WorkSafeBC policies require employers to take reasonable steps to prevent or minimize bullying and harassment, including a policy statement and a reporting and investigation process |
| Alberta | Occupational health and safety law includes harassment and violence prevention plans, investigation and corrective action |
| Federal | The Work Place Harassment and Violence Prevention Regulations require a prevention policy, a resolution process and investigations for federally regulated workplaces |
In Ontario, if a Ministry of Labour inspector finds the employer has not met its obligations, the inspector can order an investigation by an impartial person at the employer's expense. In 2025, Ontario's Court of Appeal held in Metrolinx v. ATU, Local 1587 that the Act requires employers to investigate harassment allegations they know about even without a formal complaint.
How to Report Harassment
- Keep a record. Write down dates, times, locations, what was said or done, who was involved and any witnesses. Save emails, texts and screenshots.
- Report internally. Follow the employer's policy, usually by reporting to a supervisor, HR or the person named in the policy. If the supervisor is the harasser, report to someone else listed in the policy.
- Ask about the investigation. Ask how the complaint will be investigated and when you will learn the outcome.
- Escalate if needed. In Ontario, workers can complain to the Ministry of Labour, Immigration, Training and Skills Development if the employer does not meet its health and safety obligations.
- Get advice. A lawyer, union representative or legal clinic can explain human rights and other options.
Limits of health and safety complaints
In Ontario, Ministry inspectors can check whether the employer met its legal obligations and order an impartial investigation, but they cannot decide whether harassment occurred or order compensation. Compensation generally requires a human rights claim, a civil lawsuit, or a negotiated settlement.
Reprisal Protection
Employers cannot punish, threaten or dismiss a worker for reporting harassment or exercising health and safety rights. In Ontario, non-union workers can file a reprisal complaint with the Ontario Labour Relations Board, and can get free help from the Office of the Worker Adviser. Union members can use the grievance process.
When Harassment Is a Human Rights Issue
If the harassment is connected to a protected ground, such as sex, race, disability, age, religion, sexual orientation, gender identity or family status, it may also be discrimination under human rights law. Human rights tribunals can award compensation for injury to dignity, feelings and self-respect, lost wages and other remedies.
Deadlines are generally one year from the last incident in Ontario, British Columbia and Alberta. See human rights complaints at work.
Harassment and Constructive Dismissal
If an employer creates or tolerates a workplace so hostile that continued employment becomes intolerable, the employee may be able to treat the employment as ended and claim constructive dismissal. These cases are fact-specific, and resigning without advice is risky. See constructive dismissal in Canada.
Harassment by a Coworker vs a Manager
Employers are responsible for addressing harassment by anyone in the workplace, including coworkers, managers, clients and contractors. Harassment by a manager or owner can also support claims directly against the employer, and may make internal reporting harder. In Ontario, if the employer is the harasser, an inspector can order an investigation by an impartial person.
Frequently Asked Questions
Is a single incident enough to be harassment?
It can be, if it is serious. Ontario's definition includes a single serious incident as well as a series of incidents.
Is my manager's criticism of my work harassment?
Not if it is reasonable management action, such as fair feedback or discipline that follows a reasonable process. Criticism delivered in an abusive, humiliating or discriminatory way can cross the line.
Can I be fired for complaining about harassment?
No. Reprisal for reporting harassment is prohibited, and a dismissal linked to a complaint can lead to reprisal, human rights and wrongful dismissal claims. See wrongful dismissal in Canada.
Do I need a lawyer to report harassment?
No. Internal reports and Ministry complaints can be made directly. Legal advice is useful when considering compensation claims, resignation or a settlement offer.
What if the harassment happens online?
Online harassment connected to work, such as through work chat, email or social media, can be workplace harassment.
Experiencing harassment at work? Search LawyerDirectoryCanada.ca for employment lawyers by province and city.
Sources
- Workplace harassment: information for workers, Government of Ontario
- Workplace violence and harassment: information for workers and employers, Government of Ontario
- Guide to the Occupational Health and Safety Act, Part III.0.1: workplace violence and workplace harassment, Government of Ontario
- Top Ontario employment law cases of 2025, Miller Thomson
- Complaint time limit, BC Human Rights Tribunal
- Learn more about making a human rights claim, Steps to Justice
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