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This guide explains how Ontario employers can recognize, prevent, and respond to workplace harassment. Learn your legal duties and how to create a safe, respectful work environment.
Understanding the Scope of Workplace Harassment in Ontario
Workplace harassment continues to be a significant issue across many Ontario workplaces. From subtle bullying to overt intimidation, harassment can take many forms, and its impact on employees and businesses is serious. When left unaddressed, these behaviours contribute to a toxic work environment, damaging morale, increasing turnover, and exposing employers to legal consequences.
Employers must understand that workplace harassment isn’t just a human resources issue, it’s a legal responsibility under Ontario law.
Defining Workplace Harassment
In Ontario, workplace harassment is defined under the Occupational Health and Safety Act (OHSA) as engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. This includes, but isn’t limited to:
- Bullying or intimidation
- Offensive jokes or language
- Sexual harassment
- Threats or verbal abuse
- Deliberate exclusion or humiliation
Importantly, workplace harassment can come from anyone: co-workers, managers, clients, or even third parties. Employers must ensure that all sources of harassment are addressed and managed effectively.
Employer Responsibilities Under Ontario Law
Under the OHSA, Ontario employers have clear legal obligations to prevent and respond to workplace harassment and violence. These include:
- Preparing and maintaining a written Workplace Violence and Harassment Policy
- Developing a program to implement the policy
- Training employees on the policy and procedures
- Investigating incidents or complaints promptly and fairly
Compliance is not optional. The Ministry of Labour can conduct workplace inspections and issue orders or fines to non-compliant employers. Legal exposure aside, employers who ignore harassment issues risk reputational harm and a disengaged workforce.
Create a Workplace Harassment and Violence Policy
To comply with the OHSA, every Ontario employer must have a written workplace harassment and violence policy. This policy should:
- Clearly define harassment and workplace violence
- State the employer’s commitment to preventing these behaviours
- Outline how workers can report incidents
- Explain how complaints will be handled and resolved
- Be reviewed annually and shared with all staff
Posting the policy prominently in the workplace and providing a copy to new hires sends a strong message: harassment will not be tolerated.
Implement a Program to Support the Policy
A policy without a program is ineffective. Employers must implement practical systems to give the policy real meaning. Your program should include:
- Reporting mechanisms that are confidential and easy to access
- A clear procedure for investigating complaints, including roles, timelines, and outcomes
- Training for employees and supervisors on recognizing and reporting harassment
- Corrective measures for situations where harassment is found to have occurred
If internal resources are limited, many employers in Ontario partner with external HR professionals or workplace investigators to ensure fair and neutral investigations.
Why Compliance Matters
When employers fail to address harassment, they risk more than just penalties, they risk creating a toxic work environment that undermines employee well-being and performance. The consequences of non-compliance can include:
- Increased absenteeism and turnover
- Lower morale and productivity
- Human rights complaints or lawsuits
- Damage to employer branding and trust
On the other hand, taking harassment seriously builds employee trust and loyalty. A strong workplace violence and harassment policy, supported by real action, shows your team that you value safety and respect.
Moving Forward
Understanding workplace harassment and how to prevent it is essential for every employer in Ontario. By developing a strong workplace harassment and violence policy, putting a meaningful program in place, and staying compliant with Ontario law, you create not just a safer workplace but a more productive and respectful one.
It’s not just about checking boxes. It’s about doing the right thing for your people and your business.
The information provided in this article is for general informational purposes only and is not intended as legal advice. Readers should consult with a qualified legal professional to obtain Employment Legal Advice customized to their specific circumstances. The authors and publishers of this article disclaim any liability for actions taken based on its content.
Take the first step toward a safer workplace — contact HR Enable Inc. at 905-483-5115 for expert support in workplace harassment compliance and prevention.