Sexual Harassment Laws in Employment in Ontario, Canada

Sexual harassment in the workplace is prohibited under the Ontario Human Rights Code (OHRC). It is considered a form of sex discrimination and applies to all workplaces in Ontario, regardless of the number of employees. The law protects individuals from harassment based on sex, sexual orientation, gender identity, or gender expression. Harassment can occur between individuals of any gender or gender identity, and victims do not need to be of the opposite gender from the perpetrator.

Types of Sexual Harassment

1. Quid Pro Quo Harassment
   This type of harassment involves offering job benefits, such as promotions, salary increases, or favorable assignments, in exchange for sexual favors. It can also occur when rejecting such advances leads to adverse employment actions, such as demotion or termination.
2. Hostile Work Environment
   A hostile work environment occurs when unwelcome conduct related to sex, gender, or sexuality is so severe or pervasive that it negatively impacts the victim’s ability to perform their job. Examples include:
   • Repeated unwelcome sexual comments, jokes, or gestures
   • Displaying sexually explicit materials in the workplace
   • Physical acts such as unwelcome touching
   • Severe incidents, such as sexual assault, which can constitute harassment on their own
   The harasser does not need to be the victim’s supervisor; they can be a coworker, customer, or even a contractor. The harassment must be unwelcome, and the victim should clearly communicate that the behavior is inappropriate.

Responsibilities of Employers

Under the Occupational Health and Safety Act (OHSA), employers in Ontario must:

• Develop a workplace harassment policy and review it annually.
• Implement procedures for reporting, investigating, and addressing workplace harassment.
• Provide training to employees on recognizing and preventing harassment.
• Take reasonable steps to address complaints of harassment promptly and effectively.

Failure to fulfill these responsibilities may result in legal consequences for the employer.

Retaliation is Prohibited

Employers are prohibited from retaliating against employees who:

• Report harassment or discrimination.
• Participate in investigations or hearings related to harassment.
• Assert their rights under the OHRC or OHSA.

Retaliation can include termination, demotion, denial of promotions, or any other adverse employment actions.

Remedies for Victims

If you experience sexual harassment, you can file a complaint with the Human Rights Tribunal of Ontario (HRTO) or report the incident under the OHSA. Potential remedies include:

• Compensation for lost wages and emotional distress.
• Reinstatement to your position.
• Workplace policy changes to prevent future harassment.

Did You Know?

Sexual harassment can occur between individuals of any gender or sexual orientation. For example, a female supervisor making unwelcome lewd comments to a male employee may be held accountable under the OHRC.

Steps to Take

1. Document the Harassment
   Keep detailed records of incidents, including dates, times, locations, and witnesses.
2. Report the Behavior
   Notify your employer or follow the grievance procedures outlined in your workplace harassment policy.
3. File a Complaint
   If the issue is not resolved internally, file a complaint with the HRTO or contact the Ministry of Labour, Immigration, Training, and Skills Development.

Last reviewed December 2024