Workplace Harassment
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Workplace Harassment | Employment Lawyers in Toronto
Workplace harassment is not only unacceptable but also illegal in Ontario. Since 2009, under the Ontario Health and Safety Act, legislation has been in place to protect employees from harassment in the workplace. You are entitled to work in a safe, healthy environment where your well-being is respected.
When left unchecked, workplace harassment can escalate into more severe forms of violence, leading to mental and physical health problems, increased absences, and a toxic work environment. In many cases, it also paves the way for wrongful and constructive dismissal claims. No employer should tolerate such behaviour, as it benefits no one.
In September 2016, Ontario further strengthened its workplace harassment laws, requiring employers to investigate all complaints, take appropriate action, and implement disciplinary measures where necessary. These protections extend to every stage of your employment, from recruitment to termination, ensuring that you are safeguarded at all times.
Bullying & Workplace Harassment
- Bullying in the workplace often mirrors schoolyard behaviour, with some individuals continuing to exhibit aggressive tendencies in a professional setting.
- Common forms of workplace bullying include public humiliation, isolation, malicious gossip, and rumours.
- Reporting bullying to HR can sometimes backfire, especially if the bully holds a senior or well-regarded position.
- Legal intervention is often necessary in such cases. The sooner you involve us, the better your chances of protecting your job.
Sexual Harassment
- Sexual harassment undermines personal dignity and creates an unsafe work environment.
- It includes unwelcome advances, sexual comments, suggestive jokes, inappropriate touching, and even sexual assault.
- Both men and women can be victims, but women are often more vulnerable due to disparities in workplace power and authority.
- Even women in senior positions are not immune to sexual harassment.
Harassed After Returning from Sick Leave
- Returning from medical leave can expose you to workplace harassment or constructive dismissal.
- Employers may unfairly compare you to temporary replacements, scrutinize your performance, or impose unreasonable workloads.
- This toxic environment may push you to quit, often a hallmark of constructive dismissal.
- Many employers are aware of the law but rely on employees being unaware of their rights.
Harassed for Being a Parent
- Pregnancy and parenting can sometimes lead to workplace harassment, especially in high-pressure environments.
- Pregnant employees or new parents may require accommodations that some employers are unwilling to provide.
- You may face undue criticism or harassment while pregnant, on parental leave, or after returning to work.
We Can Help
Our Toronto employment lawyers will review your workplace harassment case confidentially and without judgment. Your safety and well-being are our top priority, followed closely by protecting your livelihood.
We will help you document evidence, educate your employer about their legal responsibilities, and, if necessary, pursue a wrongful dismissal severance package or constructive dismissal case. If you have already left your job due to harassment, we will fight for your rights and ensure you receive the compensation you deserve.
Workplace harassment is entirely illegal in Ontario—no one should feel victimized.
Ontario Employee Rights - Our Focus:
At Leckers Law, we exclusively represent employees. We understand the power imbalance that often exists in employment relationships and are dedicated to levelling the playing field. Our lawyers are passionate about advocating for your rights and ensuring you receive the fair treatment you deserve.
FAQs
Workplace harassment includes any unwelcome behaviour, comment, or action that makes an employee feel intimidated, threatened, or unsafe. This can involve verbal abuse, bullying, gossip, exclusion, or sexual advances. Under Ontario’s Occupational Health and Safety Act, all employees have the right to a safe and respectful work environment. If your employer ignores or dismisses your concerns, you may have grounds for a legal claim.
Since 2009, workplace harassment has been prohibited under Ontario’s Occupational Health and Safety Act. The law requires employers to maintain a harassment policy, investigate all complaints, and take corrective action. Amendments made in 2016 further strengthened these obligations. Employers who fail to investigate or act appropriately may be held liable for violating provincial workplace safety laws.
Workplace bullying can take many forms: public humiliation, exclusion from meetings, malicious rumours, unreasonable workloads, or repeated criticism. In some cases, bullying comes from managers or senior staff, making it harder to report internally. If your employer refuses to address bullying or retaliates when you report it, legal intervention may be necessary to protect your job and well-being.
Sexual harassment includes any unwanted sexual advances, inappropriate jokes, suggestive comments, touching, or coercive behaviour. It can also include sexual assault. Both men and women can experience it, but women are often more vulnerable due to workplace power imbalances. Employers are legally required to investigate every complaint and create a safe, respectful workplace for all employees.
Pregnant employees and parents are entitled to accommodations under Ontario’s Human Rights Code. Harassment tied to pregnancy, parental leave, or caregiving duties is illegal. Common examples include being excluded from promotions, criticized for taking time off, or pressured to work unreasonable hours. If you’ve faced mistreatment after pregnancy or while parenting, you may be entitled to damages or reinstatement.
If your employer ignores or mishandles your harassment complaint, you have several options:
+ File a complaint with the Ministry of Labour.
+ Seek legal advice from an employment lawyer.
+ File a human rights claim if the harassment relates to a protected ground (e.g., gender, disability, race).
+ Document all incidents, keep written communications, and contact a lawyer to guide you through your legal options.
Yes. Prolonged harassment that makes it impossible to continue working can lead to constructive dismissal, even if you weren’t officially fired. If the harassment causes you to resign or suffer emotional harm, you may be entitled to severance pay and additional damages. A lawyer can help you prove the connection between the harassment and your departure.
An employment lawyer can help you gather evidence, communicate with your employer, and file claims under the Occupational Health and Safety Act or Human Rights Code. Our lawyers exclusively represent employees and have decades of experience handling harassment, wrongful dismissal, and discrimination cases. We ensure your case is handled confidentially and that your rights and livelihood are protected.
Compensation depends on the severity of the harassment and its impact on your employment and health. You may be entitled to lost wages, severance pay, general damages for pain and suffering, and, in some cases, human rights damages for discrimination. If your employer acted in bad faith or failed to investigate, you may also receive additional punitive damages.
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