Workplace harassment is more than an uncomfortable reality for many employees in Canada—it’s a serious issue that can undermine mental well-being, productivity, and career aspirations. Whether it’s overt acts of bullying, subtle discriminatory comments, or unwelcome sexual advances, workplace harassment can take many forms, leaving those affected feeling powerless and unsupported.
This ultimate guide to workplace harassment empowers employees to recognize the signs, understand their rights, and take the necessary steps to address these behaviours. From exploring the types of harassment to outlining actionable strategies, this guide will equip you with the knowledge and confidence to navigate and challenge toxic work environments.
What is workplace harassment in Canada?
In Canada, workplace harassment refers to a pattern of unwelcome or inappropriate behaviour, actions, or communication targeting an employee or group of employees. These actions contribute to a work environment that is hostile, intimidating, or distressing and can appear in various forms, from verbal remarks to physical conduct.
Workplace harassment is governed by a combination of federal and provincial laws, including human rights legislation and workplace health and safety regulations. The specific rules and protections can vary depending on the jurisdiction.
Examples of workplace harassment
The following behaviours, when repeated or in one severe instance, may constitute harassment:
- Preventing someone from expressing themselves, such as by yelling at them, constantly interrupting, threatening, or prohibiting them from speaking to others.
- Unwanted sexual advances, whether or not accompanied by threats or explicit or implicit promises.
- Making rude, degrading, or offensive remarks.
- Using gestures meant to intimidate.
- Engaging in reprisals against someone for making a complaint under this policy.
- Discrediting or humiliating someone by spreading malicious rumours, ridiculing them, questioning their beliefs or private lives, or shouting abuse.
- Forcing someone to perform tasks beneath their competencies, setting them up for failure, or calling them names, either in private or in front of others.
- Isolating someone by ignoring them, refusing to acknowledge their presence, or distancing them from others.
- Destabilizing someone by mocking their beliefs, values, political or religious choices, or ridiculing their weaknesses.
- Harassing someone based on prohibited grounds of discrimination, as outlined in the Canadian Human Rights Act and this policy.
What Does Not Constitute Harassment
The following examples are generally not considered harassment:
- The normal exercise of management rights, such as day-to-day operations, managing performance or absenteeism, assigning tasks, conducting reference checks, or applying progressive discipline (including termination). However, how management exercises these functions can give rise to perceptions of harassment.
- Workplace conflict in itself is not harassment, but if unresolved, it may escalate into harassment.
- Work-related stress is not harassment on its own, though ongoing stress factors can increase the likelihood of harassment.
- Difficult working conditions, professional constraints, or organizational changes.
- A single or isolated incident, such as an inappropriate remark or abrupt behaviour.
- Social relationships that are welcomed by both individuals involved.
- Friendly gestures, like a pat on the back, between co-workers.
Types of workplace harassment
Workplace harassment can take many forms, each with its own harmful impact on employees. It’s important to recognize and address these behaviours to maintain a safe and respectful work environment.
Whether it’s verbal, physical, or even online, harassment undermines the well-being of individuals and creates a toxic atmosphere. In this section, we’ll explore different types of workplace harassment and provide clarity on what constitutes unacceptable behaviour. Let’s break down some of the most common forms of harassment to help you identify and address them.
1. Sexual harassment
What is considered sexual harassment in the workplace? Sexual harassment refers to any unwelcome behaviour of a sexual nature that creates an uncomfortable or hostile environment. This could be verbal comments, unwanted physical contact, or inappropriate gestures. It can happen anywhere—work, school, or in social settings—and is considered unlawful when it results in a toxic atmosphere or when the person being harassed feels pressured to tolerate it to avoid negative consequences.
2. Discrimination
Discrimination occurs when someone is treated unfairly based on characteristics like race, gender, age, disability, or religion. This kind of behaviour denies people equal opportunities and can happen in many areas of life, such as the workplace, education, or housing. Discrimination not only harms the individual affected but also undermines social equality and fairness.
3. Bullying
Bullying is a pattern of aggressive behaviour meant to intimidate, control, or harm another person. It can be physical, verbal, or emotional and often takes place in places like schools or workplaces. The effects of bullying are far-reaching, potentially leading to serious emotional issues like anxiety, depression, and loss of self-confidence.
4. Cyber harassment
Cyber harassment happens when someone uses online platforms—like social media, emails, or text messages—to threaten, humiliate, or harass another person. It can include things like spreading rumours or sharing private information without consent. The internet’s anonymity often makes this harassment feel unrelenting, and it can have long-term emotional consequences for the victim.
5. Verbal harassment
Verbal harassment includes any spoken words meant to insult, belittle, or intimidate someone. This could involve name-calling, derogatory comments, or slurs. While it doesn’t involve physical contact, verbal harassment can still be damaging, affecting the mental well-being of the victim and creating a hostile environment.
6. Physical harassment
Physical harassment includes unwanted physical actions like pushing, hitting, or making aggressive gestures toward someone. It can also include blocking someone’s path or using physical presence to intimidate them. The impact of physical harassment is often more immediate, but it can also cause emotional distress that lasts long after the incident.
7. Religious harassment
Religious harassment occurs when someone is mistreated because of their religious beliefs or practices. This can include mocking, belittling, or even outright discrimination based on faith. People should be free to practice their religion without fear of ridicule or harm, and religious harassment violates that basic human right.
8. Ethnic harassment
Ethnic harassment targets individuals based on their ethnicity or cultural background. This type of harassment can involve racist comments, stereotypes, or outright discrimination. It creates a divisive environment and can cause deep emotional harm, as it undermines a person’s identity and sense of belonging.
9. Social media harassment
Social media harassment happens when someone uses digital platforms to spread harmful content, make threats, or humiliate someone. It could involve sending abusive messages, spreading lies, or even creating fake accounts. Because social media is so widely used and often public, the consequences of such harassment can be much more far-reaching and damaging.
10. Retaliation
Retaliation happens when someone is punished for reporting harassment or discrimination. For example, an employer might fire, demote, or bully an employee who has filed a complaint. Retaliation is illegal and designed to silence individuals who are simply standing up for their rights. Everyone should be able to report wrongdoings without fear of retribution.
11. Appearance-based harassment
Appearance-based harassment targets people based on their physical looks, whether it’s their weight, height, clothing, or any other visible trait. This type of harassment can be particularly damaging, as it often leads to a negative self-image and feelings of exclusion. It promotes unrealistic beauty standards and can make people feel like they don’t belong.
12. Marital status harassment
Marital status harassment involves mistreatment or discrimination based on whether someone is single, married, divorced, or widowed. This could look like being excluded from social activities, receiving biased treatment at work, or even facing judgmental comments. Everyone deserves to be treated equally, regardless of their relationship status, and marital status harassment undermines that principle.
What to do if you’re facing workplace harassment
Experiencing or suspecting workplace harassment can be overwhelming, but taking the right steps can help protect your rights and create a safer environment. Here’s a guide to help you navigate the process:
1. Document the harassment.
Begin by creating a thorough record of the harassment. Include key details such as the date, time, location, individuals involved, and a clear description of what was said or done. If witnesses were present, note their names and save any supporting evidence, such as texts, emails, or other communications. However, be cautious about recording conversations without consent—this could lead to legal issues. Check out our guide, “Can I Record My Employer With Their Consent?” to understand why secretly recording your boss or coworkers might create more problems than solutions.
A detailed and well-organized account can be invaluable if you decide to report the harassment. It establishes a clear pattern of behaviour, showing that the incidents are ongoing rather than isolated, which strengthens your case.
2. Review your workplace policies
Familiarize yourself with your company’s policies on workplace harassment. These guidelines are typically found in your employee handbook or on the company’s intranet.
Understanding these policies will clarify how your workplace handles harassment claims and outline the proper channels for reporting. Knowing the process empowers you to take the next steps confidently.
3. Report the harassment
Once you feel prepared, report the harassment to the appropriate person, such as your supervisor, HR department, or a designated harassment officer. Follow the reporting process outlined in your workplace policies.
Filing an official complaint initiates the resolution process and demonstrates your commitment to addressing the issue. This step is vital for improving workplace safety for yourself and others.
4. Seek legal advice
If internal reporting doesn’t resolve the issue, or if you’re unsure how to proceed, consider consulting an employment law attorney who specializes in workplace harassment cases.
Workplace harassment lawyers can provide advice on your rights and guide you through alternative options, including filing a claim with the appropriate regulatory body or pursuing legal action if necessary.
If your workplace has become intolerable to the point where you feel forced to quit, a workplace harassment lawyer can guide you in filing a constructive dismissal claim. You may be entitled to as much as 24 months of termination pay. However, it’s crucial to consult a qualified lawyer before resigning. Quitting without legal advice could put your right to compensation at risk.
Reach out to us today for a FREE consultation and take the first step toward resolving your workplace harassment case with confidence.
5. Prioritize your mental health.
Harassment can take a serious toll on your mental and emotional well-being. Don’t hesitate to seek support from friends, family, or professionals such as therapists or counsellors.
Taking care of your mental health is essential for coping with the stress and emotional strain caused by harassment. Remember, you’re not alone—resources and support are available to help you through this challenging time.
By following these steps, you can take meaningful action to address workplace harassment and protect your rights in a professional yet effective manner.
How to report workplace harassment
Knowing where to report workplace harassment depends on the nature of the issue. Generally, workplace harassment can fall under either employment standards and workplace safety laws or human rights laws.
If you’re unsure whether the harassment involves a human rights violation or a workplace safety issue:
- Review your workplace policies on harassment to see what protections apply.
- Contact both the Human Rights Commission and workplace safety authority in your province or territory for guidance.
- Seek advice from an employment lawyer to determine your best course of action.
Here’s where to report workplace harassment in each province and territory in Canada:
| Province | Labour Board or Workplace Safety Authority Contact | Human Rights Commission Contatc |
|---|---|---|
| Alberta | Alberta Occupational Health and Safety (OHS) Website: OHS Alberta Phone: 1-866-415-8690 | Alberta Human Rights Commission Website: Alberta Human Rights Commission Phone: 1-800-232-7215 |
| British Columbia | WorkSafeBC Website: WorkSafeBC Phone: 1-888-621-7233 | BC Human Rights Tribunal Website: BC Human Rights Tribunal Phone: 1-888-440-8844 |
| Manitoba | Manitoba Employment Standards Website: Manitoba Employment Standards Phone: 1-800-821-4307 | Manitoba Human Rights Commission Website: Manitoba Human Rights Commission Phone: 1-888-884-8681 |
| New Brunswick | WorkSafeNB Website: WorkSafeNB Phone: 1-800-999-9775 | New Brunswick Human Rights Commission Website: New Brunswick Human Rights Commission Phone: 1-888-471-2233 |
| Newfoundland and Labrador | Occupational Health and Safety Division Website: OHS Newfoundland and Labrador Phone: 1-800-563-5471 | Newfoundland and Labrador Human Rights Commission Website: Human Rights Commission NL Phone: 1-888-563-5808 |
| Nova Scotia | Occupational Health and Safety Nova Scotia Website: NS OHS Phone: 1-800-952-2687 | Nova Scotia Human Rights Commission Website: NS Human Rights Commission Phone: 1-877-269-7699 |
| Ontario | Ministry of Labour, Immigration, Training and Skills Development Website: Ontario Ministry of Labour Phone: 1-877-202-0008 | Ontario Human Rights Tribunal Website: Ontario Human Rights Tribunal Phone: 1-866-598-0322 |
| Prince Edward Island | Workers Compensation Board of PEI Website: WCB PEI Phone: 1-800-237-5049 | PEI Human Rights Commission Website: PEI Human Rights Commission Phone: 1-800-237-5031 |
| Quebec | Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) Website: CNESST Phone: 1-844-838-0808 | Quebec Human Rights Commission (Commission des droits de la personne et des droits de la jeunesse) Website: Quebec Human Rights Commission Phone: 1-800-361-6477 |
| Saskatchewan | Saskatchewan Occupational Health and Safety Website: Saskatchewan OHS Phone: 1-800-567-7233 | Saskatchewan Human Rights Commission Website: Saskatchewan Human Rights Commission Phone: 1-800-667-9249 |
| Northwest Territories | Labour Board or Workplace Safety Authority Contact | Northwest Territories Human Rights Commission Website: NWT Human Rights Commission Phone: 1-888-669-5575 |
| Nunavut | Workers’ Safety and Compensation Commission (WSCC) Website: WSCC Nunavut Phone: 1-877-404-4407 | Nunavut Human Rights Tribunal Website: Nunavut Human Rights Tribunal Phone: 1-866-413-6478 |
| Yukon | Yukon Workers’ Compensation Health and Safety Board (YWCHSB) Website: YWCHSB Phone: 1-800-661-0443 | Yukon Human Rights Commission Website: Yukon Human Rights Commission Phone: 1-800-661-0535 |
To learn more about human rights complaints, check out our guide, How to File a Human Rights Complaint Against Your Employer.
Final thoughts: Harassment in the workplace
Workplace harassment isn’t just a personal challenge; it’s a violation of your rights and a threat to a healthy, productive workplace culture. Whether you’re dealing with verbal insults, cyber harassment, or a hostile environment, remember that you’re not alone. Legal protections and resources are available to help you take a stand and seek justice.
If you’re feeling overwhelmed, start with small but meaningful actions—document incidents, reach out to HR, and consult a trusted legal professional. You deserve to work in a respectful and safe environment, and taking the first step can lead to meaningful change.
Contact Resolute Legal’s workplace harassment lawyers
At Resolute Legal, we understand how challenging it can be to face workplace harassment. Our skilled workplace harassment lawyers are dedicated to helping you take the necessary steps to protect your rights. Whether you need assistance filing a complaint, gathering evidence, negotiating a settlement, or pursuing legal action for constructive dismissal, we are here to guide you every step of the way.
We work tirelessly to ensure that you receive the compensation and resolution you deserve. If you’ve been subjected to harassment at work, don’t wait. Reach out to Resolute Legal today for a free consultation, and let us help you take control of the situation and move forward.
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FAQs: Harassment in the workplace
Workplace harassment definition
The Canada Labour Code (Part II) defines harassment and violence as any action, conduct, or comment, including those of a sexual nature, that could reasonably cause offence, humiliation, or physical/psychological harm to an employee. This definition encompasses sexual harassment, sexual violence, and domestic violence, ensuring comprehensive workplace protections.
Is yelling in the workplace harassment?
Yelling may be harassment if it is targeted, repeated, or creates a toxic environment. While occasional outbursts of frustration may not qualify, persistent verbal abuse, intimidation, or humiliation often meets the legal criteria for workplace harassment, especially when it affects employee well-being.
Can supervisors be held liable for cases of workplace harassment?
Supervisors may be held liable for workplace harassment if they participate in or willfully neglect to address such behaviour. Employers share responsibility for maintaining a harassment-free environment by investigating and resolving complaints. Failing to fulfill these legal duties may lead to serious consequences for both supervisors and employers.
Always seek legal advice in these situations, as they are extremely complicated.