Workplace harassment and discrimination are pervasive issues that can have profound negative consequences for individuals. In Ontario, a robust legal framework protects employees from these harmful behaviours. Understanding these laws and employees’ rights is crucial for fostering a safe and inclusive work environment. 

Understanding the Legal Framework 

Human Rights Code 

The cornerstone of Ontario’s workplace harassment and discrimination laws is the Human Rights Code. This comprehensive legislation prohibits discrimination and harassment based on protected grounds, which include race, nationality, ethnicity, colour, religion, sex, sexual orientation, gender identity, gender expression, disability, age, marital status, family status, and genetic information. 

• Race: refers to a person’s ancestry, colour, or ethnic origin. 

• Nationality: refers to a person’s country of citizenship or origin. 

• Ethnicity: refers to a person’s cultural heritage or identity. 

• Colour: refers to a person’s skin colour. 

• Religion: refers to a person’s beliefs, practices, or affiliations related to a higher power or spiritual force. 

• Sex: refers to a person’s biological sex, typically male or female. 

• Sexual orientation: refers to a person’s romantic or sexual attraction to others. 

• Gender identity: refers to a person’s internal sense of being male, female, or something else. 

• Gender expression: refers to how a person presents their gender through appearance, behaviour, or mannerisms.   

• Disability: refers to a physical, mental, or sensory impairment that limits a person’s ability to participate in society. 

• Age: Refers to a person’s chronological age. 

• Marital status: refers to a person’s legal relationship status, such as married, single, divorced, or widowed. 

• Family status: refers to a person’s status as a parent, child, or caregiver. 

• Genetic information: refers to information about a person’s genetic makeup. 

Occupational Health and Safety Act 

The Occupational Health and Safety Act (OHSA) is crucial in addressing workplace harassment. It requires employers to create a safe and respectful work environment, including measures to prevent and address workplace violence and harassment. 

Defining Harassment and Discrimination 

Harassment 

The Occupational Health and Safety Act (OHSA) defines “workplace harassment” as engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome. 

The kinds of harassment encapsulated by Ontario’s workplace safety laws include: 

• Sexual harassment: Under the OHSA, this means making unwanted comments or actions based on someone’s gender or sexual identity in the workplace. This also includes sexual solicitations or advances where the harasser is in a position to impact the victim’s job, and they know or ought reasonably to know the solicitation or advance is unwanted. 

• Verbal harassment: Insults, threats, offensive jokes, or derogatory comments that are based on a protected ground. For example, making offensive jokes about a coworker’s religion or sexual orientation. 

• Physical harassment: Unwanted physical contact, gestures, or intimidation that are based on a protected ground. For example, touching a coworker’s body in a way that makes them uncomfortable or threatening to harm a coworker based on their race or ethnicity. 

• Visual harassment: Displaying offensive images or posters that are based on a protected ground. For example, posting sexually suggestive images of women in the workplace. 

• Cyberbullying: Harassment through electronic means, such as emails or social media, that is based on a protected ground. For example, sending harassing messages to a coworker based on their gender identity. 

Discrimination 

Discrimination occurs when an individual is treated differently based on a protected ground. This can take the form of direct discrimination, indirect discrimination, or harassment. 

• Direct discrimination occurs when an individual is treated differently because of a protected characteristic. For example, an employer refusing to hire a qualified candidate because of their race or religion would be direct discrimination. 

• Indirect discrimination occurs when a seemingly neutral rule or practice has a disproportionate negative impact on individuals from a particular protected group. For example, requiring all employees to wear a uniform that conflicts with religious beliefs could be indirect discrimination. 

Employer Responsibilities to Prevent Workplace Harassment & Discrimination 

Employers bear a significant responsibility to create a safe and inclusive workplace and should consider implementing all of the following actions. 

• Establishing clear policies: Employers must develop comprehensive policies that explicitly prohibit harassment and discrimination, outlining the consequences of such behaviour, and providing clear procedures for reporting and investigating complaints. 

• Mandating training: Ensuring all employees receive comprehensive training on workplace harassment and discrimination prevention is critical. This training should cover the definition of harassment, protected grounds, the consequences of non-compliance, and the proper steps for reporting incidents. 

• Prompt investigation: Conduct thorough and impartial investigations of any harassment or discrimination complaints. These investigations should be conducted in a timely manner, with due consideration given to the privacy and well-being of all parties involved. 

• Taking corrective action: Impose appropriate disciplinary measures, including termination of employment if necessary, when harassment or discrimination is substantiated. 

• Creating a culture of respect: Fostering a workplace environment where diversity and inclusion are valued, and employees feel comfortable raising concerns without fear of retaliation, is vital. 

• Providing ongoing support: Offer ongoing support to employees who have experienced harassment or discrimination, including access to counselling services and other resources. 

• Monitoring the workplace: Actively monitor the workplace for signs of harassment or discrimination and taking proactive steps to address any issues. 

Employee Rights 

Employees have the right to a harassment-free and discrimination-free workplace. Employees who experience harassment or discrimination have the right to: 

• Report the Incident: Notify their supervisor, human resources department, or other designated reporting authority. 

• File a Complaint: Initiate a formal complaint with the Human Rights Tribunal of Ontario. 

• Seek Legal Advice: Consult with a lawyer to discuss available options and explore potential legal remedies. 

Willis Business Law: Providing Thorough Advice on Workplace Health & Safety in Windsor-Essex County 

Workplace harassment and discrimination are serious issues that can have significant consequences. By understanding the legal framework, your rights, and your responsibilities, you can contribute to a safe and healthy work environment. 

Willis Business Law provides Windsor-Essex employers with proactive, robust legal solutions to address workplace harassment and discrimination issues. The firm’s skilled employment lawyers offer support at all stages, including developing comprehensive workplace policies, assisting with investigations, and providing workplace remediation services. To schedule a consultation, please call 519-945-5470 or reach out online.