Workplace Harassment: What Counts and What You Can Do
Not every bad boss is breaking the law, but a lot of conduct that gets brushed off actually crosses the line. Here is what counts and the steps that protect you.
Key takeaways
- Not every difficult boss is breaking the law, but conduct that is discriminatory or creates a poisoned work environment can cross the legal line.
- Ontario has two systems: the Occupational Health and Safety Act (OHSA) covers workplace harassment generally; the Human Rights Code covers harassment based on a protected ground.
- Your employer has a legal duty to investigate harassment complaints and keep the workplace safe.
- Serious harassment the employer fails to address can amount to a constructive dismissal, and human rights remedies can exceed ordinary severance.
- Document everything and report in writing. The record matters.
In this article
There is a line between a workplace that is unpleasant and one that is unlawful. A demanding or even rude manager is not automatically breaking the law. But a lot of conduct that gets brushed off as "just how they are" actually crosses into harassment your employer is legally required to address. Knowing where that line sits is the first step to protecting yourself.
✅Quick answer. Workplace harassment in Ontario is a course of vexatious comment or conduct that is known or ought to be known to be unwelcome. It is governed by the OHSA (which requires your employer to have a policy and to investigate complaints) and, where it is based on a protected ground like sex, race, or disability, by the Human Rights Code. An employer that ignores serious harassment can face a constructive dismissal claim and human rights damages.
What counts as workplace harassment in Ontario?
Under the OHSA, workplace harassment is engaging in a course of vexatious comment or conduct against a worker that is known or ought reasonably to be known to be unwelcome. It includes bullying, intimidation, repeated humiliation, and sexual harassment. It generally means a pattern, though a single serious incident (especially of a sexual nature) can qualify.
When the conduct is serious, Ontario tribunals treat it seriously in dollars. The Human Rights Tribunal awarded 200,000 dollars in A.B. v. Joe Singer Shoes Limited (2018 HRTO 107) for roughly 28 years of sexual harassment and assault of a vulnerable employee, and 150,000 dollars in O.P.T. v. Presteve Foods Ltd. (2015 HRTO 675) to a migrant worker who depended on her employer for both her job and her housing. These damages are for injury to dignity, feelings, and self-respect, and they are separate from any severance. What drives the number up is the severity and duration of the conduct, the power imbalance, the victim's vulnerability, and documented psychological harm.
The difference between a bad boss and unlawful harassment
Reasonable management, even when it is firm or critical, is not harassment. Setting expectations, giving negative feedback, managing performance, and assigning work are normal parts of a manager's job. It tips into harassment when the conduct becomes a pattern of demeaning, intimidating, or hostile behaviour that has nothing to do with legitimate management, or when it targets you because of who you are.
Harassment vs. discrimination: two different laws
| OHSA harassment | Human Rights Code | |
|---|---|---|
| What it covers | Vexatious conduct at work generally | Harassment or discrimination based on a protected ground |
| Example | A manager who repeatedly belittles staff | Comments targeting your sex, race, religion, or disability |
| Employer duty | Have a policy and investigate complaints | Provide a workplace free of discrimination |
| Where you can go | Internal complaint, Ministry of Labour | Human Rights Tribunal of Ontario |
What are your employer's legal duties?
Under the OHSA, your employer must have a workplace harassment policy and program, and must investigate incidents and complaints appropriately, even when the complaint is about a manager or owner. Failing to investigate, or running a sham investigation, is itself a breach of the employer's obligations and can strengthen your position.
The failure to investigate can become its own source of damages. In Osmani v. Universal Structural Restorations Ltd. (2022 ONSC 6979), the court found the employer breached the Human Rights Code by tolerating over a year of harassment of a temporary foreign worker as "construction talk" and running only a perfunctory investigation; it awarded 50,000 dollars in human rights damages and 75,000 dollars in aggravated damages on top of pay in lieu of notice. In Farris v. Staubach Ontario Inc. (2011 HRTO 979), a poisoned work environment that fed into the employee's termination drew a 30,000-dollar award. A botched or absent investigation is often what converts a complaint into a payout.
Harassment forced you out? Add the severance claim
If an unaddressed harassment case ends your job, that can be a constructive dismissal with severance too. Estimate it with our free calculator.
What can you do about workplace harassment?
- Report it in writing under your employer's harassment policy, and keep a copy.
- Document each incident: dates, times, what was said or done, and any witnesses.
- Escalate to the Ministry of Labour (OHSA) or the Human Rights Tribunal of Ontario (if it is based on a protected ground).
- Consider a constructive dismissal claim if the harassment is serious and your employer fails to fix it, which can entitle you to severance plus damages.
What should you do right now?
- 1.Start a written record of what is happening, kept somewhere outside work.
- 2.Report through your employer's policy, in writing.
- 3.Save any emails, messages, or recordings that show the conduct.
- 4.Get advice on your options, especially if the harassment is tied to a protected ground or your employer is ignoring it.
If the harassment has made your job intolerable and your employer will not act, it may be a constructive dismissal. Get a free review of your situation.
Frequently asked questions
Is yelling or rude behaviour from a boss illegal in Ontario?
Not on its own. Firm or even rude management is not automatically harassment. It crosses the line when it becomes a pattern of demeaning or hostile conduct unrelated to legitimate management, or when it targets you because of a protected ground.
What is the difference between harassment and discrimination?
Harassment under the OHSA covers vexatious conduct at work generally. Discrimination under the Human Rights Code is conduct based on a protected ground such as sex, race, disability, or religion. The same behaviour can breach both.
Does my employer have to investigate my harassment complaint?
Yes. Under the OHSA, employers must have a harassment policy and must investigate complaints appropriately, even when the complaint is about a manager or owner. Failing to do so is a breach of their obligations.
Can I quit and claim severance because of harassment?
Possibly. Serious harassment that the employer fails to address can amount to a constructive dismissal, which can entitle you to severance, and human rights remedies on top. Document everything and get advice before resigning.
Priya Sharma
Legal Writer, Mirza Law
Priya Sharma is a legal writer at Mirza Law in Toronto. She writes about wrongful dismissal, workplace rights, and what Ontario employees can do when they are treated unfairly.
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