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Workplace Harassment & Discrimination: Legal Protections in Ontario

Workplace Harassment & Discrimination: Legal Protections in Ontario

There is no question that bullying and harassment at work can be a painful and isolating experience for employees. When workplace bullying and harassment take place, many employees feel unsure where to turn for help, particularly when the incidents of workplace bullying are initiated by managers or supervisors. Though workplace harassment in Ontario can be between management or employees themselves, it is never acceptable and seeking help is important to protecting employees’ rights.

At Soni Law Firm, we are the employment lawyer Toronto employees turn to when looking for help with navigating bullying in the workplace in Ontario. In this post, we outline what you should know about job-related bullying and harassment to help you better understand and protect your rights as an employee,

If you feel that you are experiencing bullying at the workplace, connecting with a workplace bullying lawyer is a smart choice. Consider booking a free 15-min phone consultation to see if working with an employment lawyer is right for you.

What is Bullying in the Workplace?

Bullying in the workplace is illegal, and employees have the right to a work environment free from harassment. However, some employees who experience bullying at work have difficulty determining if what they are experiencing is truly bullying or simply an interpersonal issue. When considering bullying at work Ontario employees should know that bullying is typically seen as acts or comments that could psychologically harm or isolate a person in the workplace.

Though every situation should be evaluated individually, the Canadian Centre for Occupational Health and Safety provides the following examples as some of the possible forms of bullying at work.

  • Criticizing a person persistently or constantly.
  • Spreading malicious rumours, gossip, or innuendo.
  • Excluding or isolating someone socially.
  • Removing areas of responsibility without cause.
  • Undermining or deliberately impeding a person’s work
  • Blocking applications for training, leave or promotion
  • Establishing impossible deadlines that will set up the individual to fail
  • Physically abusing or threatening abuse

This is not an exhaustive list of ways in which an employee could experience bullying in the workplace. Keep in mind that bullying is not typically a one-off incident and is instead a pattern of behaviour. An employment lawyer can help you determine if what you are experiencing is bullying in the workplace.

What is Workplace Harassment?

In many cases, the term workplace harassment is often used interchangeably with workplace bullying. Just like when someone is experiencing a workplace bully, harassment at work is illegal, and employees should be protected from harassment bullying in the workplace. When considering what constitutes workplace harassment, it is important to remember that every person’s circumstances are different. Some workplace harassment in Ontario examples include the following

  • Unwelcome and or repeated words or actions that are known or should be known to be offensive, embarrassing, humiliating or degrading to a worker or group of workers.
  • Behaviour that intimidates, isolates, or even discriminates against a worker or a group of workers.

For more information on protecting your rights as an employee, see our post, Understanding How Employment Law Protects You as an Employee in Ontario.

What is Corporate Bullying?

Though in most cases, workplace harassment and workplace bullying are the terms employees use to describe experiences at work, some may refer to it as corporate bullying when the bullying stems from management. Regardless of which term is used by an employee, employers must provide a work environment free from harassment, and employees should seek help when experiencing harassment at work.

Is Bullying Considered Discrimination at Work in Canada?

When experiencing bullying in the workplace, some employees wonder if they are being discriminated against. When considering employment discrimination Ontario employees will need to first understand what is considered discrimination in the workplace. The Ontario Human Rights Code prohibits actions that discriminate against people based on a protected ground in protected social areas, which include employment. The protected grounds are as follows:

  • Age
  • Ancestry, colour, race
  • Citizenship
  • Ethnic origin
  • Place of origin
  • Creed
  • Disability
  • Family status
  • Marital status
  • Gender identity, gender expression
  • Receipt of public assistance (in housing only)
  • Record of offences (in employment only)
  • Sex (including pregnancy and breastfeeding)
  • Sexual orientation

When trying to determine if they are experiencing discrimination at workplace Canada and Ontario employees may want to consider speaking with a human rights lawyer. If bullying or harassment is because of or in relation to protected grounds, it may be an issue of discrimination at work.

What Can I Do If I Feel My Employer is Bullying in the Workplace in Ontario?

When an employee is experiencing employer bullying, knowing where to turn for help can feel challenging. If you are experiencing employment bullying and harassment and feel unable to report it to management or an HR department, seeking the aid of an employment lawyer can be a prudent choice. Keep in mind that a contingency employment lawyer can help you by providing no-win, no-fee services.

How to Report Workplace Harassment in Ontario

When it comes to reporting workplace harassment or workplace bullying Ontario employees have options. If you feel that you are being harassed at work, it is important to keep a record of incidents of workplace harassment, including when and where it took place, what was said or done, who said it or did it, and the names of any witnesses.

Once you are ready to report workplace harassment and bullying, you can consider reporting it to your employer, to the police if a criminal offence has been committed, or you may consider filing an application with the Human Rights Tribunal of Ontario. In Ontario, workplace harassment should be taken seriously. Speaking with an employment lawyer may help you determine which course of action is best based on your unique situation.

If you are experiencing bullying or harassment in the workplace, the experts at Soni Law Firm can help. Book a free consultation today to determine if working with an employment lawyer is right for you.

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About Post Author

Rahul

Rahul founded Soni Law Firm, a boutique employment law firm focusing on contingency law, with the goal of taking his Downtown Toronto litigation experience and making it accessible to Ontario’s Main Street employees and employers.