Workplace Harassment
What counts as workplace harassment?
Workplace harassment in Ontario includes a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. It can include workplace sexual harassment, and conduct can occur in person or virtually.
If the behaviour relates to a protected human-rights ground (for example, sex, race, disability, family status, creed), it may also be discrimination with a different legal process and remedies.
Common examples (Ontario)
• Bullying and intimidation
• Repeated undermining, humiliation or belittling
• Offensive jokes, images, or slurs
• Unwanted touching or sexual comments
• Spreading harmful rumours
• Exclusion that creates a poisoned environment
• Threatening or demeaning messages
• Online or after-hours conduct that affects the workplace (email, chat, social media)
Your options & forums
First, use the internal route. Employers must ensure an investigation that is “appropriate in the circumstances.” If they fail to act, a Ministry inspector can order the employer to engage an impartial person to investigate.
If the conduct ties to a protected Code ground, you may apply to the Human Rights Tribunal of Ontario (HRTO) for remedies under the Ontario Human Rights Code.
Some situations also support civil remedies (for example, constructive dismissal or intentional infliction of mental suffering). Ontario’s Court of Appeal has not recognized a general freestanding tort of harassment; however, in rare, extreme circumstances involving online abuse, the Superior Court has recognized a tort of internet harassment.
Why act now
Employers can be obliged to investigate even where conduct occurs off-duty or online if the effects are felt at work. Preserve evidence - save screenshots, messages, dates, and witness names.
Internal policy timelines and legal limitation periods can be short. Early advice helps you choose the right forum and protect your rights.
Our Ontario-focused process
Intake & document review: we gather policies, messages, and witness details and confirm timelines.
Strategy: we assess the best path (OHSA internal process, HRTO, civil) and explain pros/cons.
Evidence plan & negotiations: we identify gaps, organize proof, and pursue resolution.
Resolution and next steps: we seek a practical outcome and keep you informed.
We explain fees up front and in writing. No results are promised or guaranteed.
FAQs
Is “bullying” illegal at work?
Bullying behaviour is typically addressed as workplace harassment under the OHSA. If it is connected to a protected ground (for example, sex or race), it may also be discrimination under the Human Rights Code.
Does online/remote harassment count?
Yes. Ontario guidance expressly includes conduct that occurs “including virtually,” such as email, chat, or social media that affects the workplace.
My employer won’t investigate - what now?
Employers must ensure an appropriate investigation. The Ministry of Labour, Immigration, Training and Skills Development can order an impartial investigation if required.
Court or HRTO?
If the facts involve a protected Code ground, HRTO may be the proper venue; other remedies may be pursued in court. Get advice on which path fits your goals, timelines, and evidence.
Speak with an Ontario employment lawyer
Book a confidential consultation to understand your options in clear terms so you can decide how to proceed. You’ll get practical guidance on risks, timelines, and next steps.